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Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....of C.S. Plot Nos.88 and other plots referred to above, died leaving one son Abdul Jabbar as his legal heir and successor. The said Abdul Jabbar sold different portions of C.S. Plot No.88 to different persons for valuable consideration and put the purchasers into possession within specific block. The......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ...... BLD (HCD) (2009) 735. ......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ..Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....rge-sheet we have also found that a statement of the victim was recorded under 164 CrPC on 4-7-1990 by the then Upazilla Magistrate, Baufal and in that statement she clearly described how the accused persons including the present petitioner enticed her and took her at different places. She also stat......not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......ation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ..Category: Criminal Law | Date: | Hits: 29
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......t which are ultra vires of the Constitution and without jurisdiction. This argument cannot be accepted because of the fact that application for removal of he Mutwalli may be filed by any person being interested in the Waqf property even if one application is rejected, the subsequent application nay ......tuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ..Category: Trust/Waqf Law | Date: | Hits: 180
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......(SC) 246 as follows :- "The language of the sub-section (sub-section (5) of section 145 Cr. P.C.) is clear and it leaves no room for doubt that where any party to the dispute or any other person interested has appeared and denied that any such dispute exists or ever existed, then he is entitled......f securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..Category: Criminal Law | Date: | Hits: 32
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....W.2 has been examined to deny the development to have made by the pre-emptee. From the above evidence of P.W.1, it would be evident that he got the knowledge from the neighbour but such person or persons were not examined to corroborate his alleged knowledge. In this case, it has been found that......ing witness as to knowledge from among the local people from whom he allegedly came to know about the transfer to corroborate his evidence and such uncorroborated evidence of P.W.1 (pre-emptor) being interested witness cannot be relied but the courts acted under misconception of law as to question o......er courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..Category: Property Law | Date: | Hits: 36
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
.... Court Division is to determine whether the authorities concerned made proper inquiry to ascertain whether a Bazar was established by the owner of the suit land or it was established by any other persons without obtaining consent of the owner of the suit land and no evidence was called either fr......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......o new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906...Category: Property Law | Date: | Hits: 33
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....the Federation is not a statutory body but it is controlled by the Bangladesh Swimming Council, a statutory body which provides for election of the federation under the supervision and control of the persons in the service of the Republic and therefore, this application is maintainable under Article......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
....against the accused under Sections 302/149/ 324/323/379 of the Penal Code. The charge was read over and explained to the accused who pleaded them not guilty and claimed to be tried. 5. The accused persons pleaded innocent and the defence case is that no such occurrence on the alleged date was h......e 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: VII ADC (2010) 885. ......sions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ......e 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: VII ADC (2010) 885. ..Category: Criminal Law | Date: | Hits: 40
State Vs. Masum and others, 2010, 39 CLC (AD)
....informant and other police forces were on duty and at about 23:15 P.M. they appeared at the rear side of House No. 18, adjacent to the filed of Ibrahimpur Jameul Ulum Madrasha and found three unknown persons staying there, which has raised suspicion in them. Accordingly, the police team challenged t......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......peal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ..Category: Criminal Law | Date: | Hits: 47
Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)
....on the land which was purchased in the name of plaintiff. The plaintiff is a nurse and she spent her money for maintenance of her mother and sister. Now the plaintiff has unholy connection with other persons and illegally tried to dissolve the marriage. The plaintiff has no right to file this suit f......ng the title and possession of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......ition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......ng the title and possession of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878...Category: Family Law | Date: | Hits: 200
Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)
....ylhet, affirming those of dated 30.08.1993 passed in Title Suit No. 29 of 1992 by the learned Sub-ordinate Judge, Sylhet, decreeing the suit declaring that the record of right prepared in the name of persons with regard to the schedule land are the representatives of the whole villagers of Angarju......nown as Paras, namely (i) Purbapara also known as Porbatpura/Porbatpur, (ii) Majeirpara or Agpoud and (iii) Pashchim Para or Kuwor Poud. The plaintiff in the first part of 1979 came to know that some interested persons of Purbapara got change in the names and address of the recorded tenants in the K...... Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873...Category: Property Law | Date: | Hits: 27
....vit sworn on 16-6-08, it is stated that the Government of BNP-Jamaat Jote acted mala fide in not appointing them as Judges of the High Court Division, which would be evident from the facts:
1. 101 persons (names were given with their respective date of appointments) were appointed Additional Judg......ffect prejudicially the strength of the High Court within its jurisdiction or the salary of its Judges." It was thus recommended that "the High Court and the Government concerned will be more or less interested parties in the matter, the intervention of the Supreme Court and the Head of the State wo...... that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
..
Category: Constitutional Law | Date: | Hits: 252
Sayed and others Vs. State, 2009, 38 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......eparture from the FIR story; that the Court in convicting the accused appellants relied upon the witnesses namely, P.W.'s 1,3, 4, 5 and 8 who are all relatives of the informant and are partisan and interested witnesses. The learned Counsel further submitted that the trial Court ought to have taken......s of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ..Category: Criminal Law | Date: | Hits: 26
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....nd to the pre-emptee. 5. The learned Assistant Judge, Hatia, found no defect of parties. He, therefore, by his judgment order dated 30-6-1999, allowed the Miscellaneous Case. According to him, the persons who the pre-emptee-opposite party thought should have been included as parties in the pre-em......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......issed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...Category: Property Law | Date: | Hits: 37
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....ee pulse at 10-00 AM. Shepherd of the buffaloes brought men from home and assaulted her son. She admitted herself as a short—sighted woman and that she lodged the ejahar on hearing names from other persons. She further stated that in the afternoon on the date of occurrence her son took bath and fo...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......re hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502....... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...Category: Criminal Law | Date: | Hits: 30
....e case of Fazlur Rahman Akhond (Md.) and five others Vs. Government of Bangladesh and others, 52 DLR (AD) 116. The relevant portion of the Judgment of the said case is as follows:
“The aggrieved persons cannot wait for an indefinite period for the result of their representations but must come t...... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494....... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494...
Category: Civil Law | Date: | Hits: 76
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
.... the revision application. 12. In Abdus Sattar Khondaker Vs. Premlata a single Bench of this Division confirmed an order of the trial Court which set aside an ex parte decree obtained against dead persons by suppressing summons upon the view. “there are authorities which lay down that even a......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......iah & others……….Opposite Parties Judgment February 19, 2002. Cases Referred To- Abdul Aziz vs. Aboni Mohan, 30 DLR (SC) 21; Abdus Sattar Khodaker vs. Prem Lata. 49 DLR 583; Brink’s Mat Ltd. Vs. Elcombe and others, (1988) 1 WLR 5O; Abdul Aziz vs. Abani Mohan; SP Chengalvara......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....ed soleh decree he was allotted saham of .30½ acres of land only in the suit plot while the plaintiff had possessed his share of 40% acres of land in plot No.325. The defendant No.1 with some unruly persons on 1st Baisakh 1406 B.S. evicted him from .10 acres of land. The plaintiff on 1st Baisakh 14...... all the parties willfully and consciously executed the solehnama in the said suit. Defendant No.1 adduced evidence in the Court in support of solehnama. Later on, plaintiff at the ill advise of some interested persons, filed Title Suit No.215 of 1995 to set aside the soleh decree. The defendant No....... which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500.......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500...Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
.... TK.75,000.00 and it was also settled that the plaintiff gave TK.50,000.00 to the defendant No.1 as baina and the defendant will deliver possession of the suit land in favour of the plaintiff and the persons present in the sitting expressed that the baina patra may create problems due to the pendenc......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......l for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707...Category: Property Law | Date: | Hits: 42
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....12.2.88. 8. In the context of the aforesaid facts and circumstances the affidavit filed by respondent No. 30 assumes some importance. He merely states that the relevant signature of the relevant persons were obtained on the forms and that there was proper compilation and consolidation of th......in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100....... Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100.......in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100...Category: Election Law | Date: | Hits: 81
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