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MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

.... examination of Shawkat Ali presumption would be if he would come and depose in the Court the facts would go against the plaintiff. 104. In this regard I may refer to the case of Kawsanm Nessa Vs. State reported in 48 DLR 196 wherein it has held — "Non examination of independent witnesses es...... High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J MA Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..

Category: Property Law | Date: | Hits: 100

State Vs. Shahin and others, 2010, 39 CLC (HCD)

....t once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......772. ......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..

Category: Criminal Law | Date: | Hits: 76

Shahin Alam Vs. The State, 2010, 39 CLC (HCD)

.... Court  High Court Division  (Criminal Appellate Jurisdiction)  Present:  Md. Abu Tariq J Md. Abdul Hye J Shahin Alam............Convict-appellant. Vs. The State.....................Respondent Judgment October 11, 2010. Cases Referred to- Gazi......p; ......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115.  ......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115.  ..

Category: Criminal Law | Date: | Hits: 56

Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)

.... 264.......HCD) (2011) 264.......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...

Category: Criminal Law | Date: | Hits: 111

Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)

....orders as to this Court may seem fit and proper. 2. Sona Mia, the predecessor of the opposite party Nos.1(a) to 1(ka) as petitioner filed Miscellaneous Case No.67 of 1983 under section 96 of the State Acquisition and Tenancy Act, 1950 for preemption of the case land against the present petiti......rted in: 16 MLR (HCD) (2011) 248....... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248....... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248...

Category: Property Law | Date: | Hits: 91

Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)

.... who sold her rest of the land to Ismail and Kashem and it was also alleged that 2.83 acres of land was acquired by Government where construction was made by Government. The Revisional Settlement and State Acquisition Khatian are correct and defendant no. 31 filed a separate written statement and he......11) 242.......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...

Category: Property Law | Date: | Hits: 72

HM Ershad Vs. The State, 1992, 21 CLC (HCD)

....urt High Court Division (Criminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J HM Ershad ................................Petitioner Vs. The State .............................Opposite Party Judgment September 23, 1992. Cases Referr...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J HM Ershad ................................Petitioner Vs. The State .............................Opposite Party Judgment September 23, 1992. C......eported in: 45 DLR (HCD) (1993) 533. ......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..

Category: Criminal Law | Date: | Hits: 286

Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)

....€¦â€¦â€¦Petitioner (In Criminal Miscellaneous Case No.10991 of 2010) Sajal alias Md. Sujan Miah and another…………..Petitioners (In Criminal Miscellaneous Case No.10714 of 2003) Vs. The State………………………………………………………….Opposite party (In both case......¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner (In Criminal Miscellaneous Case No.10991 of 2010) Sajal alias Md. Sujan Miah and another…………..Petitioners (In Criminal Miscellaneous Case No.10714 of 2003) Vs. The State………………………………………………………….Opposite party (I......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..

Category: Criminal Law | Date: | Hits: 86

State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)

....ed in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ..

Category: Criminal Law | Date: | Hits: 67

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

.... to- Butterley Co. Ltd. Vs. New Hucknal Colliery Co. Ltd.,(1910) AC 381; Taleakhal Progressive Fisherman's Cooperative Society Ltd. Vs. Bangladesh & others, 1981 103; Radha Krishna Agarwal Vs. State of 1977 (SC) 1496; Bachhanidhi Rath Vs. State of Orissa 1972 (SC) 843; Lekhraj Satramdas Vs. M...... here. Supreme Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J National Engineers Ltd.…………Petitioner Vs. Director, Military Lands and Cantonment Directorate and others ……..Respondents Judgmen......ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ......ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ..

Category: Property Law | Date: | Hits: 92

Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)

.... (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Mohammad Abdul Marman J Taslimuddin alias Tasir and 3 Others....................Condemned Prisoners Appellants. Vs. State ……………….… Respondent. Judgment November 13, 1991. Cases Referred to- ......vision (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Mohammad Abdul Marman J Taslimuddin alias Tasir and 3 Others....................Condemned Prisoners Appellants. Vs. State ……………….… Respondent. Judgment November 13, 1991. Cases Referred ......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...

Category: Criminal Law | Date: | Hits: 76

Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)

....merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......ted in: 16 BLC (2011) 902. ......ing a suit under the Admiralty jurisdiction and therefore, the plaint is liable to be returned. 7. Refuting the arguments made by the learned Advocated Mr. Imtiaz Mahmood, the learned Advocate Mr. Muhammad Ohiullah appearing on behalf of the plaintiff argues that only the mention of the status of......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 202

Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)

....t petitioner Abdul Aziz has bona fide right, title and interest of the suit land. 20. Moreover, the learned Advocate for the plaintiff petitioner referring sub section (1) of the section 92 of the State Acquisition and Tenancy Act submits that the procedure for extinguishment of interest of raiya...... 897.......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...

Category: Procedural Law | Date: | Hits: 72

Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)

....on (Criminal Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Ruhul Amin & others……………………………………..Accused-Petitioners Vs. State.....................................................Opposite-Party Judgment January 23,...... Division (Criminal Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Ruhul Amin & others……………………………………..Accused-Petitioners Vs. State.....................................................Opposite-Party Judgment Janu...... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896....... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896...

Category: Criminal Law | Date: | Hits: 71

Nasir Uddin Vs. State, represented by the Deputy Commis­sioner, Narayanganj, 2011, 40 CLC (AD)

....J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nasir Uddin.............................................Petitioner Vs. State, represented by the Deputy Commis­sioner, Narayanganj ..........Respondent Judgment Aug......b Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nasir Uddin.............................................Petitioner Vs. State, represented by the Deputy Commis­sioner, Narayanganj ..........Respondent Judgment......e High Court Division suffers from no illegality or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......e High Court Division suffers from no illegality or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ..

Category: Criminal Law | Date: | Hits: 64

State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)

....d in: 16 BLC (HCD) (2011) 310.  ......minal Appellate Jurisdiction)   Present: Mashuque Hosain Ahmed J M. Enayetur Rahim J The State ………………………………………………………………..Appellants Vs. Ashraf Ali and others ………………………………………………Respondent As...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ..

Category: Criminal Law | Date: | Hits: 82

Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)

.... 521....... (1993) 521.......nt June 24, 1993. Cases Referred to- Niamat (a) Chacha Katta Vs. Summary Military Court No.2 and another, 1979 PLD (Lahore) 279; Pachu Vs. State, 26 DLR 297; Daud All Vs. State, 27 DLR 155; Muhammad Khan Vs. Dost Muhammad and 17 others, 1975 PLD (SC) 607, 609. Lawyers Involved: Abdu......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...

Category: Criminal Law | Date: | Hits: 75

SM Naimul Hoque Vs. Additional Deputy Commi­ssioner (City) Dacca and others, 1981, 10 CLC (HCD)

....que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......Supreme Court High Court Division (Special Original Jurisdiction) Present: Syed Muhammad Husain J Latifur Rahman J SM Naimul Hoque ...................................Petitioner Vs. Additional Deputy Commi­ssioner (City) Dacca and others ……………Respondents Judgme......e absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520...

Category: Property Law | Date: | Hits: 65

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ......12. ......l Jurisdiction and so long as this appointment was not made the Administrator General and Official Trustee of the Government of Bangladesh should act as the Official Trustee". On 13.7.87 one Mr. Syed Muhammad Salehuddin proclaiming himself to be Administrator General and Official Trustee Government ...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ..

Category: Trust/Waqf Law | Date: | Hits: 183

State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)

.... Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State…………………………………………………………………………Appellant ......mud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State…………………………………………………………………………Appellant Vs. Sree Ram Krisna Nath (Ram Babu) and another……... Respondents Judgment October 12, ......is Case is also Reported in: ......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 83