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Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......Partition Act must be construed liberally and the terms should not be taken to mean not only the structure or building but also adjacent building, garden, courtyard, orchard and all that is necessary for the convenient occupation and enjoyment of the house. It is enough if the house or its appurtena......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......17; Sree Jugal Kishor Sarkar Vs. Azizur Rahman and others, 40 DLR (AD) 170; Sayda Bibi and others Vs. Juma Saha and others, 42 DLR (AD) 53; Noorjahan Akhter Vs. A. Motaleb and others, 53 DLR 256. Lawyers Involved: Mahmudul Islam, Senior Advocate, with Mokbul Ahmed, Advocate - For the Appellan..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......pondent Judgment December 14, 2009. Result: The criminal revision is disposed of with modification of sentence. The Penal Code, 1860 (Act No. XLV of 1860); sections 320, 324, 326 before conviction for the offence of grievous hurt can be passed, one of the injuries defined in secti...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ...... Cases Referred to- Mauns Po Yi Vs. Ma E Tin and another, 24 AIR 1937 Rangoon 253; Mutukdhari Singh and others Vs. Emperor, AIR (29) 1942 Patna 376; Abdul Jalil Vs. The State, 4 MLR (AD) 262. Lawyers Involved: Shihab Uddin Mahmood, Advocate - For the Petitioner. Md. Soyeb Khan, Assista..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ...... May 14, 17, 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/ha...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......ations like sexual abuse/harassment. But in order to ensure an independent enquiry, it must be conducted by a committee as defined in the guidelines laid down in the case of Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh and Others in Writ Petition No.5916 of 2008..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ...... are made in order to short-circuit the long procedure of general law obviously to carry out the purpose of the Order itself………………..(12) Since the law does not make an exception to the forum and consistently mentions the words "District Judge" as the forum for making the application t......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......pplication is to be hard by him in his capacity as the District Judge not as Special District Judge……………………(16) Case Referred to- Juhan Ara Akhter Begum Vs. HBFC, 47 DLR 158. Lawyers Involved: Abdul Quasem Miah with Md. Shahadat Tanvir Amin, Advocates - For the Petitioner..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ...... The rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fall abso......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ...... through a civil Court. For framing a charge under section 420 PC, it requires dishonest inducement by a person in order to deceive in delivering any property to a person.…………………(14) Lawyers Involved: MA Aziz Khan, Advocate - For Accused Petitioners. Bashir Ahmed, Assistant At..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......ere it is contradicted by occular evÂidence it may not be accepted…………………17 Scanning the evidence of witnesses by Court When scanning the evidence of witnesses the Court has to inform itself that variancÂes, discrepancies and contradiction and embellishÂment in essential parts......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ...... Reform of the individual in the society and other necessities to prevent recurrence are right factor. Heinousness of the crime is a relevant factor in the choice of senÂtence………………26 Lawyers Involved: Abdul Mottaleb, Advocate - For the AppelÂlant. Golam Mohiuddin, Advoc..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......ed. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The LimiÂtation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the right of the servient ownÂer and, therefore, all easements should be specifically pleaded so that the servient owner can meet the claim…â...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......iyayi Ammal and others Vs. Aranachala Pandaram A JR. 1956 Madras 584;Abdul Gafur @ Sana Mia Vs. Abdus Sailer and another 11 DLR 97; Siddiqur Ahmed and another Vs. Abdul Hamid and others 9 DLR 262. Lawyers Involved: Issaque Gaznabi, Advocate—For the Petitioner. S.K. Sinha, Advocate—For ..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......lf same allegations against the same accused, and the accused petitioners having been acquitted under section 248 Cr.P.C. on the basis of withdrawal petition of complaint, shall stands as a legal bar for the purpose of initiaÂting the impugned 2nd complaint proceeding. The principle of double je......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......ing under section 249 Cr.P.C. are only excluded from the preview of section 403, while acquittal is not.……………(14) Case Referred to- Dewan Obaidur Rahman Vs. State, 19 BLD (AD) 128. Lawyers Involved: Md. Kofiluddin Khan, Advocate - For the Petitioners. Mohammad Ali with..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ...... orders passed as to this Court might seem fit and proper. 2. At the time of issuance of the rule the operation of the impugned judgment and decree dated 10-6-1999 was stayed. 3. Facts relevant for the purpose of disposal of the rule in short are that the plaintiff and the defendant No.4 enter......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......et aside………………(15) Cases Referred to- Mohiuddin Mollah Vs. Province of East Pakistan, 14 DLR (SC) 112;Hakim Mia, 43 DLR 360;43 DLR 360; Ezher Meah Vs. Shaker Banu, 2 BLC (AD) 30. Lawyers Involved: Nikhil Kumar Saha, Advocate - For the Petitioner. Harendra Nath Nandi, wit..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......iff site should produce more credible evidence e.g. the dower fixed in other marriages of the girls of that family, the family status of the plaintiff and other relevant matters such as "age, beauty, fortune, understanding and virtue" of the girl……………….(34) If there is no kabinnama an......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. .............Petitioner Vs. Mahmuda Khatoon & another…….........................Opposite Parties Judgment December 12, 2011. Result: The Rule is disposed of. The Muslim Family Law Ordinance, 1961 (Ordinance No. VIII of 1961), section 7 Talaq given without sending notice to..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
..... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......r should be prevailed. Section 48 of the Transfer of Property Act creats a priority of right to transfer property wherein the maxim "qui prior est tempore potior est jure" means that who is present before the time has the better right i.e. the transÂferor cannot prejudice the right of the transfere....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......ere with in the revisional Jurisdiction………………(13) Cases Referred to- Abdus Samad Khan Vs. Wajed Ali Fakir, 44 DLR 495; Shambhu Nath Poddar Vs. Bangladesh Railway, 43 DLR (AD) 83. Lawyers Involved: Nikhilesh Dutta, Advocate - For the Petitioners. AB Roy Chowdhury with..Category: Property Law | Date: | Hits: 134
....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......of 1999, which affirmed the decree of the trial Court in dismissing suit.
2. On 01.12.98 the petitioner and six others instituted a suit being Title Suit No.78 of 1998 against the opposite parties for a decree declaring that their predecessors had title by way of 'pattan' in the suit land measuri......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......ing a declaration that the record of rights that was wrongly prepared in respect of the suit land in the name of the government. Such wrong record of rights cannot be allowed to continue to exist.
Lawyers Involved:
Md. Harun-or-Rashid - For the petitioner.
Md. Omar Faruque, Deputy Attorney ..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ...... evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community. The safeguards against unfounded accusations and the opportunity for establishing innocence, which constitute the hallmark of an ordinary criminal trial, are not ava......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......adesh, 31 DLR (AD) 1; Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury, 29 DLR (SC) 41; Haradhan Saha Vs. State of WB, AIR 1974 SC 2154; Aminul Islam Vs. Bangladesh, 44 DLR 1. Lawyers Involved: None appears-For the Petitioner (In Criminal Miscellaneous Case No.1246 of 2003..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......Tribunal Ain, 2002 (Act No. 28 of 2002); sections 6, 10 (4), 15 Under section 6 of the Druto Bichar Tribunal Ain, 2002, a case which relates to the offences as mentioned in the section and pending for trial in the Courts as mentioned in the section may be transferred by the Government to a Tribun......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......trial causing prejudice to an accused…………………………(27) Cases Referred to- State of West Bengal Vs. Anwar Ali and others, AIR 1952 SC 75; Waris Mea Vs. State, 9 DLR (SC) 117. Lawyers Involved: M Amir‑ul Islam with Ms. Tania Amir, Dr. Shirin S Chaudhury and Shamsul Hasan..Category: Criminal Law | Date: | Hits: 177
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ...... District Judge 1st Court Noagaon allowing T.A. No.154/97 setting aside judgment dated 19.5.97 of dismissal of O.C. suit No.197/94 by Assistant Judge 3rd Court Patnitala, Noagaon and sending the suit for remand to the Trial Court for further evidence by the parties in the light of observation made i......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......a Rani Roy @ Bigini Roy and others………………………..Opposite parties Judgment December 1, 2008. Result: The Rule is discharged. Case Referred to- 43 DLR (AD) page 78. Lawyers Involved: Sk. Md. Morshed, Advocate - For the petitioner S. N. Goswami, Advocate - Fo..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......of the seized goods and the articles were seized from his control and possession and if it is found that the seized goods are perishable and its value would be diminished if it is remained in custody for long time or the applicant will unnecessarily incur heavy loss if the seized goods are not relea......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......d to produce the same in the Court on and when directed by the Court and petitioners have to furnish requisite bank guarantee to the satisfaction of the Court…………………………….(23) Lawyers Involved: Illius Ahmed - For the petitioners. Nizamul Haque Nizam, Assistant Attorney-..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
.... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ......is discharged. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings is pending. The pre-emptor sought to prove some documents which are necessary for the purpose determining the real question of controversy between the parties. It is absolutely t...... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ......, the concurrent findings of the Courts below are not liable to be disturbed by the High Court Division in exercise of power under section 115(4) of the Code of Civil Procedure……………..(9) Lawyers Involved: M. B. Taz Mohammad, Advocate, Md. Toufiq Inam, Advocate - For the opposite part..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......ne and the same cannot be maintained in the eye of law. The petitioner has a right to know as to why his application has been rejected………………..(4) Lawyers Involved: M Enayetur Rahim for Md. Momtajuddin Fakir, Advocate-For the Petitioners. Abdul Momen Chowdhury Advocate-For the O...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......ed Executing Court is not a Speaking one and the same cannot be maintained in the eye of law. The petitioner has a right to know as to why his application has been rejected………………..(4) Lawyers Involved: M Enayetur Rahim for Md. Momtajuddin Fakir, Advocate-For the Petitioners. Ab..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......……………………Opposite Parties Judgment August 30, 2003. Result: The Rule is made absolute. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881) The cause of action for filing of a case under section 138 of the Negotiable Instruments Act arises after expiry of the ...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......r sections 138 and 141 of the Act arises only for once. …………..(10) Cases Referred to- Habibur Rahman Howlader Vs. State 55 DLR 199; Habibur Rahman Howlader Vs. State 53 DLR (AD) 111. Lawyers Involved: Md. Ali Akonda, Advocate-For the Petitioners. MA Gaffar, Advocate–For the ..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......bank acts without mandate and cannot repel liability, the only limitation on bank's liability being based on customer's lack of care in drawing a cheque as well as on his deliberate abstention from informing the bank of forgery…………………………(11) The banks have the defence of estop......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......in any event, may tarnish his image, and hence, the bank's liability may extend to one under the tortious law of defamation, subjecting it to pay substantial damages………………………(28) Lawyers Involved: Abdur Razzaq with Shafiul Alam Mahmood, Advocates-For the Appellants. Syed A..Category: Criminal Law | Date: | Hits: 130
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