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Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....iven be sections 20, 21 and 22 of the Act, 1949. 50. The Court of Appeal below committed further error by treating the questioned lease similar to one of cases not governed by a contract or local law or usage. Section 106 of the Transfer of Property Act applies to a case whether no period ......estraining the principal defendants (as made in the prayer of the plaint) from erecting any pucca building in the second schedule land or changing its nature and character and transfer the same to anybody and also restraining the defendants from creating any obstacle in the peaceful possession of th..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ...... patient. But accused No.3 did not visit him. At about 3 am the temperature of his son increased and the duty nurse Nurzahan (accused No.5) instructed to pour water in the head and sponge entire body with wet cloth. On 07.05.07 at about 6:30 am the duty Nurse (accused No.4) again injected ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
....d property. That the land of Jitendra Nath Saha was not treated as vested or enemy property. That the petitioner while he was owning and possessing his purchased 0.64 acre of land of plot No.509, the local vested property authority started VP Case No.1 of 1986 for leasing out the case land in favour...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....urts below have failed to consider and evaluate these evidence and materials properly; the learned Advocate has stated also that in the trial court, at the instance of this present petitioner, a local investigation was held by an Advocate Commissioner to find out whether there was any public ro......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....itioner Sohrab Ali Dewan, being an ex-chairman of Jainshar Union Parishad and 6 others were appointed as the chairman and members respectively of a project committee for reconstruction of a local road. For that purpose 76.28 Metric tons of wheat was allocated under the Food for Works ......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....rrected and he further informed that the petitioner would marry his cousin, Rina Begum. Thereafter, the P.W. went back to his house and went to Kuliarchar to work as day labourer. Nur Mohammad of his locality informed the P.W. that his daughter was killed by the petitioner and others, then the infor......el, Miraz Miah, Jamal Miah, Firuz Miah, Ismail Miah and Alauddin had already gone to the house of the petitioner. He did not go to the house of his son-in-law. His son Rubel and others saw the dead body of his daughter at Hobiganj Hospital with a cut injury on her neck. The autopsy of Anguri Khatu..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
.... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ...... other than government or that the government though formed this IRDP but it had no administrative or supervising control or authority in this organization or this organization was an autonomous body or it was an organization under private ownership. Rather the very appointment letter of this w..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....ses and given this scenario, the impugned order of conviction and sentence is a nullity in eye of law. 9. Mr. Md. Khurshid Alam Khan next submits that one of the paper-publications was made in a local daily, that is to say, the 'Daily Chuadanga Barta' on 8th January,2000 and the 'Daily Chuadang......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....ithin the definition of an offence as given in section 40. Offences are created by statute; section 40 of the Penal Code says offence denotes a thing punishable under the Code or under any special or local law. Section 4 (c) of the Criminal Procedure Code says offence means any act or omission made ......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....2) along with two minor children Shyamol and Shamoly Roy had suffered burned injuries by corrosive substance while they were sleeping on the verandah of their house. Victim Anita was shifted to the local hospital and then to Dhaka for treatment. Shrimoti Chaloky (P.W.1) lodged and FIR over the inc......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ...... All the Rules are discharged. Securities and Exchange Ordinance (XVII of 1969); Section 24 Where the person guilty of an offence referred to sub-section (1) is a company or other body corporate, even Director, Manager or other Officer responsible for the conduct of its affairs s..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
.... roof of the shop of Photostat Machine, Nilkhet Bus Stand, Passenger Lounge (Jatri Chauni) as pointed out by convict-appellant. 3. After such recovery the police made a seizure list in presence of local witnesses. 4. The police after completion of the investigation submitted charge sheet aga......ant party prepared the seizure list in presence of the witnesses. This witness identified the accused present in the dock. 13. In his cross-examination he stated that he did not make search on the body on the accused persons; he had no knowledge who was the owner of the photostate shop and whet..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....roved the ejahar and his signature on it as Exhibits 1 and 1/1 respectively. 19. In cross-examination he stated that he did not see the occurrence. After being informed about the incident from the locals he instituted the case who were made witnesses in the case. He denied the suggestion that at ......nt time of occurrence the accused were present at the PO. He adds that the evidence of P.W.2, Sharmin Akter, was not corroborated by any evidence, so the same should not be believed. He adds that the body bore multiple injuries which were anti-mortem and homicidal in nature. Therefore, the Court b..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....tricity and also by the voice of the miscreants had identified accused Rustom, Rahman, Idris, Shamser and Jahirul. It is the further prosecution case that accused Rustom used to commit dacoity in the locality and since AtiarRahman tried to resist Rustom with the help of local people Rustom being ann......ence standing in the house of neighbour Abed and Hasem and though the prosecution examined the son of said Abed and Hasem but they did not witness the occurrence of murder. They simply found the dead body of AtiarRahman immediate after occurrence and there is no statement in the FIR that P.Ws. 2, 3,..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......ce of cases based on promissory estoppel since the war beginning with Central London Property Trust Ltd. Vs. High Trees House Ltd. [1947], KB 130, may need to be reviewed and reduced to a coherent body of doctrine by the courts. 1 do not mean to say that any are to be regarded with suspicion. Bu..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e Court. 5. A report was published in the Daily Ittefaq on 13.10.2010 under the caption, “Lalbagh Fort’s land is Being dispossessed”. It was reported in the newspaper that a few powerful local people, including the respondent No.7, 8 and 9, are continuing constructions on the land adja......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....son. He also found 3 (three) bundles of Taka beside the dead body of the deceased. He came to know that accused Matiur Rahman @ Mati had murdered the deceased at 7-00 AM chopping him by a sharpen dao locally known as chanda. He also found the said sharpen dao with blood stained marks there. The accu......llage. In the morning at 7-45 AM of the same day, the informant came to know that Matiur Rahman @ Mati had murdered his brother thus he having been in the house of Matiur Rahman @ Mati found the dead body of Tarun Kumar Saha lying in front of the house of accused Matiur Rahman @ Mati with cut and bl..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ngladesh Ltd. and also paid the loan money, further he intend to get more loan money from Islami Bank Bangladesh Ltd. Accordingly, Bank demanded RS record, thereafter, that the petitioner went to the local Tahshil officer for taking RS Parcha, but the local Tahshil officer told that the suit land ha......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....lous litigations intended to avoid repayment of huge amount of money. The primary rational of such fight is all the more interesting i.e., since the fund is provided by the World Bank through the local Banks it is not Bank's money, therefore, Bank is not competent to realize the same………......e suit is illegal, malafide and without jurisdiction. 7. Mr. Wadud Bhuiyan learned Senior Counsel appearing on behalf of the petitioner submits that the Board of Directors is the controlling body of the bank and its decision is final in matters of the affairs of the Bank. The resolution to..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....aulted her. Subsequently the accused murdered his daughter for the cause of dowry. Then the accused gave out a story of committing suicide by hanging. The petition of complaint was referred to the local Police Station wherein it was recorded as Badda Police Station Case no. 30 dated 17-09-2003 co......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
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