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Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....to do so. In the instant case, the plaintiff prayed only for declaration of his title in the suit land and did not ask for either joint possession or partition as a co-sharer of the defendants in the disputed land. Although the plaintiff’s possession was found in some portion of the suit property.......ot lawful the Exhibit-B remained unproved. Therefore, the liability of the defendant No.1 to discharge his onus was not fulfilled and as he could not discharge his liability this court finds that the holding of the Appellate Court in this respect cannot be sustained. 29. Both the learned appella..Category: Property Law | Date: | Hits: 74
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ed 26.9.1992 with Nasirnagar police station, following which a Sub-Inspector of police visited the place of occurrence, made an inquest of the dead body and sent it to Brahmanbaria Sadar Hospital for holding post mortem. Subsequently the said Syed Mahbub Hossain came to learn that the appellant alon..Category: Criminal Law | Date: | Hits: 58
Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)
....concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ......rted the judgment of the High Court Division. We have heard the learned Counsel at length. Mr. Rafique-ul-Huq, the learned Counsel contended that the High Court Division had committed error of law in holding that the petitioners had filed an application on 8th October, 2009 for issuance of NOC for b..Category: Information Technology Law | Date: | Hits: 585
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....to presume that the death of Golapi was not a natural death. Now the moot question for determination is whether the accused respondent is responsible for the death of deceased Golapi. 9. It is not disputed that deceased Golapi was a maid servant of the accused-respondent and the victim Golapi die.......Ws. 5, 6, 7 and 12 are employees of neighbour Dr. Kamal Hossain who are not eye-witnesses to the occurrence. Moreover, P.W.6 was declared hostile. P.Ws. 8, 9, 10, 13, 14 and 17 are formal witnesses, holding post mortem examination and holding chemical examination of some materials. 5. P.Ws. 11 a..Category: Criminal Law | Date: | Hits: 60
Abdul Alim Vs. State and Others, 2000, 29 CLC (HCD)
.... learned Magistrate with a direction to ask the officer-in-charge to hand over the possession within 15 days from the receipt of the order. Ed. This Case is also Reported in: 52 DLR (2000) 616. ......up the proceeding under the above section and attached the property and appointed the officer-in-charge himself as receiver. It appears that another second party Humayun Kabir was in possession of holding Nos. 59 and 59/1 Purana Paltan though the proceeding was started in respect of holding No.58..Category: Criminal Law | Date: | Hits: 47
Category: Civil Law | Date: | Hits: 94
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......e party No.1 Bidhan Chandra Dev on the 1st of Ashar 1392 BS corresponding to 16-6-85 and the said deed was registered on 11-9-86 without serving any notice to the petitioner who is a co-sharer to the holding; that having been aware of the transfer the petitioner procured a certified copy of the kaba..Category: Property Law | Date: | Hits: 70
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....ase the plaintiff brought a suit for declaration of title whereupon at the instance of the plaintiff an order to maintain status quo by the defendants have been passed in respect of possession of the disputed plot No.71 measuring 0.41 acres of land. Later the plaintiff made another application prayi......the facts of title and possession of the other part of the suit plot in order to make the suit land specified. Such a finding is so curious and unheard of that no reasonable tribunal can come to such holding and therefore, such a finding is liable to be interfered with by this court. It appears that..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....e actually under the control and supervision of the Bank and their services could be terminated by the Bank. We in the Writ jurisdiction not being a court of appeal will not therefore, interfere with disputed questions of fact which have been found and decided by the Second Labour Court, Dhaka. 1......oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......ons Judge, 4th Court, Dhaka who heard the said revision by judgment and order dated 30-9-92 rejected the said revision and maintained the order of the learned Additional Chief Metropolitan Magistrate holding that the learned Magistrate has committed no illegality in reviving the case. 6. Mr. MA W..Category: Criminal Law | Date: | Hits: 56
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
....y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......ing anxiety went on sleep; at about 1.30 a.m. at night accused Abed, Ashraf and Tajimuddin called him through window and asked him to come out, on the torch light he found to recognize them they were holding stick on their hand and accordingly on fair he declined to go out to his house. On quarry ab..Category: Criminal Law | Date: | Hits: 56
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....not acquired by the writ-respondents by L.A. Case No. 66 of 1957-58. It appears from their produced photocopies of title deeds which do not trace their title back to the original owner. Moreover, the disputed questions of title and facts are involved in this case which cannot be dealt with under the......rea of 101.026 decimals of land in C.S. Plot No.164 corresponding to S.A. Plot No.270 and they accordingly mutated their names in the Government Sheresta and paid rents up to 1414 B.S. and opened holding in the Dhaka City Corporation and they have been in possession of the same by making pucca s..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....te appearing for the leave petitioner submitted that the courts below erred in law in not noticing that in a case for Specific Performance of Contract only issue to be adjudicated upon is whether the disputed agreement for sale is genuine or not and that the Court acted beyond jurisdiction in consid...... of Civil Procedure and they also filed a written statement supporting the case of the plaintiff. The appeal on transfer was heard and disposed of by the learned Additional District Judge, 6th Court, holding amongst other, that for violation of the terms of the lease deed the agreement for sale, i.e..Category: Property Law | Date: | Hits: 61
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....m all encumbrances and such acquisition cannot be attacked on any grounds whatsoever other that the remedy provided in the Act. Whether or not the compensation was duly paid to the real owners is a disputed fact which cannot be decided in a writ petition. After the acquisition of the property th......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....late Abdur Rahman appearing on the said deed of gift with his admitted signatures. He submits that the trial Court is not authorised as per provisions of section 73 of the Evidence Act to compare any disputed signature and thereby has committed an error of law resulting in an error in the decision w......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589...Category: Property Law | Date: | Hits: 89
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ......ession of his purchased land, the learned Magistrate had no reasons to frame charge against the accused persons. Mr. Rahim has also pointed out that the learned Sessions Judge also was not correct in holding that the Court had wide powers to frame charge and, as such, the order of framing charge sho..Category: Criminal Law | Date: | Hits: 67
Badal Kanti Mitra Vs. Secretary, Ministry of Fisheries and Live Stock, 1980, 9 CLC (AD)
....ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......he pay-scale of Tk. 450-1215/- P.M. which was subsequently raised to Tk. 1850-2300/- P.M. The petitioner filed an application for one of these posts as a departmental candidate as he was at that time holding the post of Assistant Research Officer, and got experience for 15 years in the Government Se..Category: Employment/Service Law | Date: | Hits: 126
Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)
....essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ......alue on the basis of the S.R.Os. dated 02.02.1993 and 28.10.1993 respectively which are not applicable to the petitioners. 4. The learned Judges of the High Court Division discharged all the Rules holding that the importer-petitioners are liable to be assessed with customs duties and VAT on the b..Category: Fiscal/Taxation Law | Date: | Hits: 75
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......pon, moved the High Court Division in Civil Revision No. 1118 of 2004. A Single Bench of the High Court Division by impugned judgment reversed the judgments of the Courts below and dismissed the suit holding that- "In the instant case although adverse possession is not pleaded by the defendants ..Category: Property Law | Date: | Hits: 104
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
....vi Shah Ahmed Chowdhury and others stating that the property of Waqf of Jinnat Ali had already enrolled as Waqf property in E.C. No.4401, and the Mutwalli is not coming forward for enrolment of the disputed property as Waqf property because Jinnat Ali had no interest in it, but the enrolment was n...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ..Category: Trust/Waqf Law | Date: | Hits: 171