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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......annot be treated as proof the facts reported therein. 803. Now in respect of admission of Digital or Electronic Evidence, the party seeking to admit any statement or admission of any person recorded in a compact disk (C.D.) or video-cassette or any interview conducted by any television ch......iety in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....e to others who have been described as tenant-defendants on monthly rent basis and at the time of P.S. survey instead of recording the land in suit in the name of the plaintiff, the record has been wrongly prepared in the name of some other persons who had no right, title and interest in the land ......ing written statement denying the material averments made in the plaint and stating, inter alia, that the land in suit was never the land of the Sitakunda Mela Committee and the same belonged to C.S. recorded tenants Elahi Boksha and Mowla Boksha and the land being full of jungle and bushes the C.S.......ference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......ile the same, that the plaintiff failed to prove his case. 7. The plaintiff went on appeal. The appellate Court reversed the judgment and decree of the trial Court on the finding that Ext.1-R.S. khatian shows that the land in suit was recorded in the name of Sitakunda Mela Committee represented..Category: Tenancy Law | Date: | Hits: 176
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ......dingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ..Category: Property Law | Date: | Hits: 22
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....gainst the opposite party-respondent Nos.1-5 under Article 33 for realisation of the loan. Thus, in any case, it must be said that the High Court Division upon a mistaken view of the law and facts wrongly held that Article 33 was not attracted in the case of the aforesaid opposite party-responde......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ...... will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ..Category: Business or Commercial Law | Date: | Hits: 311
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....as petitioner has come to this Court obtained the present Rule. 8. Mr. Md. Golam Mostafa, the learned Advocate appearing for the pre-emptee-petitioner submits that the appellate Court below acted wrongly in holding that the pre-emptee purchaser is not a co-sharer in the tenancy and thereby illeg......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ..Category: Property Law | Date: | Hits: 37
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......n by the executive disregarding the recommendation of the Chief Justice violates the Constitution; (ix) when the executive may not accept such recommendation of the Chief Justice for reasons to be recorded, it may request the Chief Justice for reconsideration on the materials and information conv......ent. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......by a registered kabala dated 01.10.1965 exhibit-2; that by exhibit-2 and 2(a) the present defendant No.1 became a co-sharer in the suit holding. It appears that the trial Court who granted a decree recorded no finding that the plaintiffs have proved their exclusive possession in specific and sepa...... Ed. This Case is also Reported in: ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 29
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....Mohan and others was attached by the Court for open auction. The said execution case was renumbered as Money Execution Case No.2 of 1985 on transfer to the Court of Subordinate Judge, Sunamgonj but wrongly included the 'Kha' schedule land of the Shoshi Mohan and others in auction. On 09.05.1987 ...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......t represented- the Respondents. Civil Petition For Leave To Appeal No. 94 of 2007. (From the judgment and order dated the 6th day of November, 2006 passed by the High Court Division in Civil Revision No. 2350 of 2002). Judgement &n...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 51
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ...... Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......sharer ship in the case jote, observing that the pre-emptor could not produce any deed in support of his claim of co-sharers hip by purchase in the case jote and that the persons named in the case khatian being RoR Khatian No.50 namely, Suruj Ali, Ahamed Ali and Samed Ali, were not made parties ..Category: Property Law | Date: | Hits: 38
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......9. The learned Counsel submits, that the statements made in exhibit-8, the inquest report, did not disclose any injury on the armpit of deceased Mohsin and such statements being a primary evidence as recorded by P.W.11 S.I. Ahamedur Rahman having been in conflict with the postmortem report and the......tter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...Category: Criminal Law | Date: | Hits: 60
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....he petitioners submits that the learned Single Judge has not properly exercised his discretion in upholding the order of the trial court in the absence of the learned Advocate of the petitioner and wrongly noticed the facts on record of the case and thereupon committed and error deciding wro......11.1995, which compelled plaintiffs to file the instant suit. 3. The defendant No. 3 contested the suit by filing a written statement contending, inter-alia, that Chhakkun Miah was the C.S. recorded tenant and thereafter the suit property was recorded in S.A. khatian in the name of Abdul ...... which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ....... The defendant No. 3 contested the suit by filing a written statement contending, inter-alia, that Chhakkun Miah was the C.S. recorded tenant and thereafter the suit property was recorded in S.A. khatian in the name of Abdul Halim. It was further case of the defendant that the plaintiffs are th..Category: Civil Law | Date: | Hits: 94
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......used the petition and the impugned judgment and order of the High Court Division and other papers on record. 6. It appears that the High Court Division considered that the plaintiffs are the recorded tenants in respect of the suit land and the plaintiff No. 4 paid rent as per exhibit-4 se...... which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ..Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....f the petitioner in the S.A. record. Thereafter, the death of the said Abdullah, the duty was entrusted upon one Sattar. Thereafter, in 1397 B.S. the plaintiff came to know that the S.A. record was wrongly prepared in the name of the defendant No.1 in spite of the fact that the same is in his ex......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......cordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122....... not been affected thereby and that they entitled to get decree for khas possession of the suit land, on the averments that the suit land originally belonged to Abdul Ali, a purchaser from the C.S. recorded owner, and Rustom Ali, the predecessor in interest of the plaintiffs, by registered sale de......nterference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122...Category: Property Law | Date: | Hits: 25
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ...... 11-15 PM on the date of the occurrence against the condemned prisoner, Abul Kashem and the accused appellant, Anowar Hossain Pinto only. P.W. 16, Officer- in-Charge of Burichang PS, Md. Rezaul Karim recorded the FIR. He himself took up the investigation of the case and on completion of investigat......his judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..Category: Criminal Law | Date: | Hits: 53
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......man (P.W.2), Mosleuddin (P.W.4), Ruhul Amin (P.W.6) and others went upon the land belonging to the informant and others on Dag No.770 of M.R.R. Khatian No.1311 corresponding to Dag No. 240 of D.P. khatian No.1077 in mouza Ramgati in order to plough and plant "Aus" paddy. At that time a..Category: Criminal Law | Date: | Hits: 50
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ...... The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..Category: Property Law | Date: | Hits: 30
Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
....e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......ptember, 2007 passed by the High Court Division in Criminal Revision No. 514 of 2004 discharging the Rule. 2. Short facts as placed before the High Court Division are that 6.37 acres of land recorded in S.A. Plot No. 126 under District Settlement Khatian No.53/1 of Mouza Kakmari within Du......ind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......ustam Ali Khan fabricated a deed of gift dated 11.10.1971 bearing No. 1249 purported to be executed by his father Moslem Khan in his favour in respect of entire 6.37 acres of land of the aforesaid khatian and filed an application before the assistant Commissioner (Land) Dumuria under sectio..Category: Criminal Law | Date: | Hits: 57
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ......fter, police visited the place of occurrence, held inquest of the dead body, prepared seizure list, send the dead body for post-mortem and prepared sketch map of the place of occurrence, recorded statements under Section 161 of the Code of Criminal Procedure of the witnesses and comple......e same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ......n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ..Category: Criminal Law | Date: | Hits: 96
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ......hed Ali. On the other hand, the defendants are the heirs of Sabder Ali. At the time of preparation of R.S. subsequent to S.A. Khatian, more share then that of the defendants were entitled, was recorded in the name of the defendants. The plaintiffs were entitled to get 2/3rd share covering a......cordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ..Category: Property Law | Date: | Hits: 24
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