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Displaying 1881-1900 of 4557 results.

Seraj Miah Vs. State, 1997, 26 CLC (HCD)

....ecomes admissible. It is, however, desirable that the Court should make an endorsement about its satisfaction in the order‑sheet, in the deposition sheet or in the body of the judgment. There is no legal compulsion that the Court must ask preliminary questions to test the capacity of a witness to ......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ..

Category: Procedural Law | Date: | Hits: 94

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....d fire‑arms and also some ammunition but they found 85 rounds of excess ammunition. It is also submitted that the fire-arms and the ammunition belonging to the husband of the petitioner have been illegally kept in the house when he is an absconder. It is submitted that such fire‑arms and ammunit......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189...

Category: Criminal Law | Date: | Hits: 89

State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)

....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......um raises the issue of Ripon hav­ing been convicted and sentenced for Sayeed's mur­der solely on the basis of Moksed's confessional statement. She satisfactorily argues that this in turn raises the status of such confession from that of one of several relevant factors to be relied upon to sub­sta..

Category: Criminal Law | Date: | Hits: 131

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

.... other's to show cause as to why the circular vide Memo No. Poura 1/M‑02/2002/1133 dated 23‑9‑2002 (Annexure B), should not be declared to have been issued without lawful authority and is of no legal effect. 3. The Facts: It is stated in the petition that election of the Corporation was hel......ad specially from the Supreme Court of India and he concluded his submissions by quoting from a book titled Equality of Sex by Mr. Justice VR Krishna Ayer at Page 145- "The fight is not of woman's status but for human worth. The claim is not to end the inequality of women but to restore universal..

Category: Constitutional Law | Date: | Hits: 443

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....the sole plaintiff having had relinquished her claim in the suit property, for proper adjudication of the suit, transposition of the petitioners into the category of the plaintiffs in essentially and legally required since the plaintiff is collusion with defendant Nos.13-16 filed a compromise petiti......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ..

Category: Civil Law | Date: | Hits: 154

Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)

....on under section 439 of the Code of Criminal Procedure. 3. Tamizuddin, the learned Advocate who appeared on behalf of the petitioner, has submitted that the appellate Court enhanced the sentence illegally and, as such, he argued that the order of enhancement of sentence passed by the appellate Co...... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ..

Category: Criminal Law | Date: | Hits: 96

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

.... in the list of abandoned properties published on September 23, 1986 in Bangladesh Gazette. 6. Mr. AF Hasan Ariff, the learned Deputy Attorney‑General, appeared in the case and in view of the legal position and the Annexures submitted in the Writ Petition, he found it difficult to oppose the......citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340...

Category: Immigration and Citizenship Law | Date: | Hits: 178

Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)

....tten in English language could be filed in the Subordinate Civil Courts. In other words, they submit that before the Act came into being, plaints, applications, etc. written in English language could legally be filed in the subordinate civil Courts and they would not be invalid. 6. The contention......s. We have the Act (Bangla Bhasha Prochalan Ain), the Code of Civil Procedure and the Code of Criminal Procedure. The Act (Bangla Bhasha Prochalan Ain) is a general law. These three laws are of equal status and are on the same footing. One is not subordinate to the other. They have been made by the ..

Category: Others | Date: | Hits: 226

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....f deposed in the instant suit that he left Dhaka for Hajj in January 1971 but in Other Suit No.139 of 1982 he had stated that he left Dhaka for Hajj on November 25, 1971 and the High Court Division illegally relied on the statement made in the previous suit." 7. Khandkar Mahbubuddin Ahmed with Mr...... surrendering his Pakistani passport which manifests for intention as to his continuing with the permanent residences in Bangladesh although his absence from Bangladesh. The plaintiff reconfirmed his status of a citizen as a deemed citizen having a permanent residence of Bangladesh as on the 25th da..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

....s the rule requires the BSRS to issue a sale certificate when the full sale price of the mortgaged property has been deposited under rule 8. In this state of affairs on 30‑11‑2000 BSRS sought for legal opinion from its adviser Mr. AKM Nazrul Islam, Barrister‑at‑Law, Senior Advocate of the Su......petitioner company and its directors filed Miscellaneous Appeal No.145 of 2000 before the High Court Division but in that Miscellaneous Appeal a Division Bench of this Court did not pass any order of status quo or any other prohibitory order. It appears that on 28-1-2001 a Division Bench of the High..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....st to which he stood as a witness. He exhibited the seizure list as Ext. 3 and his signature therein as Ext. 3/1. Later on he came to learn from the newspaper that accused Nazma Sarker @ Beauty had illegal love affairs with Kamal for which she killed Hanif Sarker which accused Nazma Sarker @ Beauty ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 98

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....to give judgment in this case. The learned Advocates of both sides also agreed that a Single Bench matter can be heard and disposed of by a Division Bench. 2. This Rule, calling in question the legality and propriety of the order dated 20.2.91 passed by the Subordinate Judge and Commercial Cou......peration of the judgment and decree of the trial Court. Ultimately & matter came before the High Court Division and the High Court Division in Civil Revision No.2282 of 1990, directed to maintain status quo pending hearing of the appeal. 5. On 13.2.1991 an application for production of ad..

Category: Procedural Law | Date: | Hits: 113

Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

....ntentional aiding and active complicity is the gist of the offence of abetment committed by the accused, otherwise charge for abetment must fail. 37. The learned Judge has committed a serious illegality in drawing adverse presumption against the accused‑appellants on the ground that since lo......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..

Category: Criminal Law | Date: | Hits: 95

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....igate into the charges, if any, against any member of the past Government and if any charges are found to be true, law will take its own course. The detention of the detenu is not only unlawful and illegal, but also mala fide and against all good conscience and democratic norms and it was done for c......and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...

Category: Criminal Law | Date: | Hits: 113

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....decessor-in-interest of the opposite party instituted Title Suit No.553 of 1984 against the petitioners in the 1st Court of Munsif at Bhola for a declaration that the deed of Ewaz dated 2.11.83 was illegal, inoperative, null and void and not binding upon him. The suit was con­tested by the defendan......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500...

Category: Property Law | Date: | Hits: 136

Mercantile Fire and Gen­eral Insurance Co. Ltd. Vs. Bata Shoe Company Pakistan Ltd., 1989, 18 CLC (HCD)

....a ne­cessary party and the carrier having not been made a party the suit suffers for defect of parties. 6. Mr. Sk. Abul Hossain, the learned Advocate appearing for the respondent submits that the legal questions raised by the learned Advocate for the ap­pellants are not at all relevant for the ......ance in the contentions raised by the learned Advocate for the appellant. In the result, the appeal is dismissed without any cost. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 45. ..

Category: Business or Commercial Law | Date: | Hits: 325

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

....that the disputed plots being accreted lands have already been leased out by the Government in the year 1973-74 as the same were vested in Government under P.O.72/72 and P.O. 137/72 and all suits and legal proceed­ings relating to title are barred under the said provisions of law. The withdrawing p...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

.... that the petitioner was dismissed from service by an order dated 15.10.85 passed by the Chief Martial Law Administrator under the au­thority of Martial Law Order No.9 of 1982. The petitioner has no legal right to challenge the dismissal order as the said action has been protected by the Constituti......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ..

Category: Employment/Service Law | Date: | Hits: 209

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

....recorded his confession at his chamber. The said confessional statement of Piyas was marked as Ext.13. The paper clearly manifests that the learned Magistrate recorded the statement observing all the legal formalities. The accused did not complain of Police torture and maltreatment and he was given ......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 105

Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others, 2001, 30 CLC (HCD)

....ther the impugned permission of the Sessions Judge was necessary for the purpose of investigation of offence against the petitioner, in our opinion, the learned Sessions Judge respondent No.5 acted illegally in according permission and, as such, the impugned memos directing the petitioner to remain ......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ..

Category: Criminal Law | Date: | Hits: 305