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Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)

....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......s rule. The said case has no relevance to the impugned proceedings and there is no legal scope to connect that case in the disposal of the instant rule. 16. In view of our findings and observation recorded above, we do not find any merit in the rule and the rule is liable to be discharged. So ......granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ..

Category: Civil Law | Date: 30 May, 2010 | Hits: 43

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ...... of Kasba Police Station prepared the inquest report and sent the dead body to the Brahmanbaria Sadar Hospital morgue for post-mortem examination. The Investigation officer examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and after completing a......n with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......d that Naurraja had no raiyati right in the Khatian No.14 and that he did not pay any rent for such raiyati holding, it was contended that it was averred in paragraph 2 of the plaint that the raiyati recorded in the name of Naurraja was a collusive one who had in fact no such interest. In the writte....... This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

....ut for the year 1365 B.S. and the plaintiff filed objection and finally declared the right, title and possession of the plaintiff on 02.12.1958. 4. During S.A. survey operation the suit land was wrongly recorded in the name of the defendants and there has been cast a cloud upon the title of the......he year 1365 B.S. and the plaintiff filed objection and finally declared the right, title and possession of the plaintiff on 02.12.1958. 4. During S.A. survey operation the suit land was wrongly recorded in the name of the defendants and there has been cast a cloud upon the title of the plainti......idul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ..

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161

Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... 11. In the instant case the petitioners were fugitive from justice when they moved the writ petition and obtained the Rule Nisi. In view of the above, at the time of 'motion' hearing this Division wrongly entertained the writ petition and stayed judgment and order of conviction and sen­tences pa......opy of this judgment be trans­mitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......2010) 359; 17 MLR (HCD) (2012) 412. ......opy of this judgment be trans­mitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ..

Category: Procedural Law | Date: 6 May, 2010 | Hits: 109

Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......0 and 3.50 acres of land as described in the schedule of the plaint on the averments that the plaintiffs have got right, title and possession over the suit land by way of purchase from the original recorded tenants; that on 22.11.99 the Assistant Commissioner (Land) refused to accept the rents f......s Case is also Reported in: 15 MLR (HCD) (2010) 473. ......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ..

Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4

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

....repared in the name of Md. Salim Ullah and was published. But on receiving the RS khatian it appears that 3 decimals of land of dag  No.1019 and 15 decimals of land of dag  No.102 have been wrongly recorded and pub­lished in the name of Pachkori Das in 8 annas share and Ramesh Chandra ...... treated as vested property on the basis of a V.P. Case started long after the lifting of emergency on 16th February, 1969 a heavy duty is cast upon the authority concerned to satisfy itself that the recorded tenant migrated to India before 1965. In support of this we can rely on the case of Dayal C......ourt records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ...... plaint case that the suit land along with other lands were belonged to Krishna Chandra Das, Kali Charan Das, Dagu Charan Das and Boikuntha Chandra Das and their names were recorded in the settlement khatian in equal 4 annas share. The suit land, after the death of the aforesaid record tenants devol..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)

....not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ...... only be decided by taking evidence. He further submits that the post mortem report is one of the piece of evidence. Where the reliable witnesses prove the case by credible evidence conviction can be recorded without any medical report. In this regard he referred a decision in a case State Vs. Ful M......result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ..

Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....rovision of not advancing any kind of banking facility to a classified loan defaulter mentioned in the CIB report. 39. Hence the name of the instant petitioners are appeared in the CIB Report wrongly and therefore, unless and until the names of the instant petitioners are struck out, the p......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......ier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......e documents before it and that it can frame charge only on being satisfied that the documents before it, namely, the First Information Report (FIR), the charge sheet, documents containing information recorded under Section 161, 164 of the Code of Criminal Procedure, prima facie tend to prove the cha......tioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......igating Officer had prayed before the learned Magistrate to record the statement of the accused under section 164 of the Code of Criminal Procedure. The learned Senior Judicial Magistrate (in charge) recorded in the order sheet dated 23.01.2010 as follows: “আসামীদেরকে জি......earned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)

.... in B.S. khatian No.1196 as because the predecessor of the preemptor Foyez Ahmed never purchased land under R.S. dag No.528 and she will not be able to prove the same. But the name of Foyez Ahmed was wrongly recorded in B.S. khatian No.1196; that the P.S. and B.S. recorded tenant Jobeda Khatun sold ......l, waiver and acquiescence; that total 113 decimals land belonged to Jogendra Nath Roy Chowdhury and Abdul Majid in equal share but during R.S. survey operation Dag No.528 of R.S. Khatian No. 514 was recorded in the name of Jogendra Nath Roy Chowdhury. Thereafter he sold out the same to Abdul Samad;......ana Akhter.............................petitioner Vs. Rizia Begum and others...............................opposite parties Judgment January 13, 2010. Cases Referred To- Kutu Chand Miah Vs. Rabindra Kumar Deb and others, 22 DLR 29; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being d......n the Court of Assistant Judge, Mirsarai Sadar, Chittagong, under section 96 of the State Acquisition and Tenancy Act for preemption of the case land, stating, in short that the total land under B.S. khatian No.1196 belonged to Jabeda Khatun, Md. Yeasin, Foyez Ahmad and Aslam Miah; the said Jobeda K..

Category: Property Law | Date: 13 Jan, 2010 | Hits: 56

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....dgment and decree call for no interference by this Court in revision. The learned Advocate for the opposite parties further submitted that though in the deed dated 14.09.1949 exhibit-13 dag number wrongly written as plot No.168 (AÆfÆV), but the boundary was given correctly of plot No.138 and a......he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ......mmediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ...... not binding upon plaintiffs and for recovery of khas possession in respect of Ga schedule property described in the schedule of the plaint, stating in short that the suit land appertaining to C.S. khatian No.569, Plot No.138, measuring an area of land of 2.04 acre and C.S. Plot No.590 measuring..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....view to remove future complications. This shows that there was image of the deity in the suit property from before 1947. 29. DW 1 admitted in course of cross-examination that the suit lands were wrongly recorded and that the record was prepared in his name. Exhibit- Ga shows that the suit lands...... the villagers of Gandina Hindu Community established a temple and set up the image of Sree Sree Shashan Kalitnata and had been performing religious rites. In the settlement operation, the lands were recorded in the name of ex-landlord but in the remark column the "Kodaldoha Kalibari by the Hin...... records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......t being the trust property of the deity, the suit, in accordance with section 92, is not legally maintainable. 4. Plaintiffs have examined 5 witnesses in support of their claim and exhibited the khatian and the deed of endowment. On the other hand, the defendant has examined 6 witnesses and exh..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)

....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......l, transferred to the Nirapadh Abasan Kendra, Farhadabad, Hathazari, Chittagong. In the meantime the age of the girl was assessed based upon radiological X-ray plates to be 15 years. In her statement recorded by the learned Magistrate under section 22 of the Nari-o-Shishu Nirjatan Daman Ain, the vic......bove directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ..

Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150

Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)

....y the aforesaid 2.19 acre of land was de-requisitioned by notice dated 24th April 1968. 5. The land covered by the order of derequisi­tion as well as of 4 DP Khatians as mentioned above were wrongly recorded in the name of Collector, Dhaka as khas land but at the time of preparation of RS r......ng known as khanapuri, Bujaral, Attestation, objec­tion and Appeal) 1.20 acres of land covered by DP Khatian No.237 of Mouza Shantinagar, under Police Station Motijheel,  District-Dhaka were recorded in the names of Hazi Zahirul Islam, Jainal Abedin, Hazi Mahbubul Islam, Mojibul Islam (the ......ment press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168       ......bsp; District-Dhaka were recorded in the names of Hazi Zahirul Islam, Jainal Abedin, Hazi Mahbubul Islam, Mojibul Islam (the petitioner Nos.1, 2, 3, 5) and 8 others, 0.4050 acre of land covered by DP khatian No.155 were record­ed in the name of Hazi Zahirul Islam (The Petitioner No.1), 0.0730 ac..

Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5

Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)

....ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. .......W.8 is another seizure list witness. 21. P.W.9 was a member of the salish. 22. P.W.10 is a Chowkider. 23. P.W.11 was declared hostile. 24. P.W.12 is a Sub-Inspector of Police who recorded the first information report. 25. P.W.13 stated that he heard about the alleged occurr......er Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ..

Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......ter, but nothing had happened as yet. 3. Dr. Naim Ahmed, representing Aparajeyo-Bangladesh informed the Court that according to his information the parents of the girl lodged an F.I.R., which was recorded as Osmani Nagar Police Station Case No.17 (3)09 dated 27.03.2009 under the Nari-o-Shishu Ni......s in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Tobarak Ali Bepari Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others, 2009, 38 CLC (HCD)

....tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ......ase. 5. On examination of the record, it reveals that initially the preemption case was disallowed by the Trial Court by order dated 31.12.1973 mainly on the ground that there were 11 persons recorded in R.S Khatian No.156, Exhibit. B(1), Plot No.485 lying to the north of one of the case pl......er Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ......tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ..

Category: Property Law | Date: 25 Aug, 2009 | Hits: 3

Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)

....st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ...... 5 at Taka 21, 74,544. The defendant No. 5 paid the entire money on 1-2-1996. On 4-2-1997 and 16-2-1997 the suit land was hand­ed over to the defendant No.5. As per SA record, Rally Brothers were recorded as land lord in Dag No. 257. The entire land was recorded in the name of Rally Brothers'...... Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......e, in short, is that "Ka" schedule land was originally belonged to Sree Laksmi Narayan Thakur who got permanent settle­ment and while in possession, his name was finally published in CS khatian. Thereafter, he transferred the suit land to M/s Rally Brothers, a famous Jute Company under..

Category: Property Law | Date: 20 Aug, 2009 | Hits: 3