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Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ereon. He also proved the recovered heroin as material exhibit and identified the appellant on dock. 6. P.Ws. 2 and 5 Md. Zakir Hossain and Md. Saiful Islam respectively two members of the raiding party fully supported the prosecution case in their evidence and corroborated that of the informant ..Category: Criminal Law | Date: | Hits: 81
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment Md. Ruhul Quddus J.- This appeal under section..Category: Criminal Law | Date: | Hits: 119
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ...... Judgment Md. Momtaz Uddin Ahmed J.- The Rule was issued at the instance of the defendant No.6 on the following terms: "Let the records be called for and a Rule issue calling upon the opposite party No.1 show cause as to why the impugned judgment and decree dated 14-3-1996 and 19-3-1996 respe..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... proved by extraneous evidence that they were placed before the sanctioning authority, the sanction is invalid, and the trial Court would not be a Court of competent jurisdiction. This being so the defect cannot be cured under S. 537, Criminal PC. As a defect in the jurisdiction of the Court can n......n under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner Sheikh Hasina Wazed alias Sheikh Hasina, former Prime Minister of Bangladesh calling upon the opposite party to show cause as to why the proceeding of Special Case No.1 of 2008 arising out of Tejgaon PS ..Category: Criminal Law | Date: | Hits: 156
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......isur Rahaman, Advocates - for the Petitioner. Syed Sanaul Haque, Advocate - for the Respondent. Writ Petition No. 8642 of 2010. Judgment Md. Ruhul Quddus J. - The petitioner being a third party mortgagor obtained this Rule challenging an auction notice for sale of his mortgaged property ..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....ary submits that the word amendment means to bring about some change or modification, deletion or addition in the constitutional provision in order to improve or change for the better by removing the defect or faults. We find that the word amendment has also been considered and discussed in the case......denied the statements contained in the writ petition that the impugned Act by incorporating Articles 58A, 58B, 58C, 58D and 58E by way of amendment to the Constitution introduced the concept of non‑party Caretaker Government in the Constitution which was violative of the basic and fundamental stru..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......packets heroin was taken out as sample and put them sealed with label in presence of the witnesses for chemical examination and the accused put his signature thereon. Thereafter the informant and his party went to room No.15 and seized passport and wearing apparels and other materials belonging to M..Category: Criminal Law | Date: | Hits: 164
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493 the question was when the second mortgage of freehold property was subject to an existing first mortgage by the mortgagor to a third party contained a covenant by the borrower to pay the second mortgagees by instalments under certa..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......t and any subsequent transferee of the holding takes it subject to that right "whether the transfer is made before or after an application for pre emption and that subsequent transferee is a proper party to the pre-emption proceeding." These two cases do not appear to be of any help to answer th..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......rld wide acclamation of the Petitioner, and humiliate her to the whole world, who is none other than a former Prime Minister of the Republic, the primordial figure in the country’s oldest political party and one of the two progenies of the Founding Father of the Nation, who were lucky enough to mi..Category: Criminal Law | Date: | Hits: 133
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....d post or through court which mentioned 3Oth Chaitra, 1366 B.S. as the date on which the appellant was to vacate had been given more than six months earlier, it was, according to the learned Counsel, defective and the appellant was not bound to vacate the premises. 8. In answering the incidental ...... days' notice expiring with the end of a month of the tenancy. Every notice under this section must be in writing signed by or on behalf of the person giving it, and [either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party], or ..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ...... without jurisdiction and thus nullity." 8. Further, it was observed by the learned Judge that an order passed by the court without jurisdiction being nullity, submissions to the court made by a party in such a case would not confer jurisdiction upon it "when it had none to exercise, on the bas..Category: Procedural Law | Date: | Hits: 109
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....action: that the suit was not maintainable; that the SCC Judge had no jurisdiction to entertain the suit: that there was no relationship of landlord and tenant between them: that the suit was bad for defect of parties: that the plaintiffs had no right, title and interest in the suit premises; that B......Rahman are the petitioners before this Court. 3. The petitioners as plaintiffs instituted SCC Suit No.9 of 1986 before the SCC Judge (Assistant Judge), Sadar Dinajpur for ejectment of the opposite party Bidhan Kumar Dev as a tenant from the premises mentioned in the schedule of the plaint. 4. ..Category: Procedural Law | Date: | Hits: 74
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......he parties along with the question of possession, are determined. Once the preliminary decree is passed and rights of the parties determined, the question of abatement of the suit on the death of a party does not arise. However, the heirs are to be brought on record for effecting proper allotment ..Category: Property Law | Date: | Hits: 78
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......ion of fact relating to Ext. A, for the first time in second Appeal, and that too without considering the oral evidence on record, to which reference was made by the learned Counsel appearing for the party. The finding Arrived al on the basis of suspicious character of the document and appearing to ..Category: Property Law | Date: | Hits: 79
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....property to which document relates is situated within the jurisdiction of Sub-registrar, the Sub-registrar has no jurisdiction to register the document and registration if executed will be fraud. The defect of jurisdiction is not a mere procedure and it is not cured by section 87. The learned 1st Ap......J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 20-11-2002 passed by the Additional..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......45 of the Code of Criminal Procedure, hereinafter called the Code, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The opposite party No. 1 as first party filed a petition of complaint being Miscellaneous Case No. 262 of 1997 un..Category: Criminal Law | Date: | Hits: 122
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......e its intention clear that the new law or the amending Act should have a retrospective operation there is no doubt that it must be so construed, even though the consequence may entail hardship to a party. It is thus clear that the law existing at the commencement of the action will govern the case..Category: Criminal Law | Date: | Hits: 76