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Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
.... of law. So, the same stand rejected having been devoid of any substance. On the contrary, the submissions advanced by the learned Counsel for the opposite party Nos.1-10 prevail and appear to have a good deal of force. 23. In view of discussions made above and the preponderant judicial views eme......total 0.74½ acres of land from Plot Nos.254, 230 and 236/754 from Raja, and got possession. The plaintiff also took settlement of 0.06 acres of land from 'Kha' schedule of property from the original recorded tenant in the month of Chaitra, 1355 BS and after paying rent he is in possession in 0.82 a......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....LR 533, 46 DLR 268 and 1 BLC 375, wherein it has been held that when one person/persons (here the defendants) by their act allowed the other person/persons (here the plaintiff; to do something and on good faith the other person (here the plaintiff) has served or acted as per assurance of that person......re the Magistrate, 1st Class Chandpur had sworn an affidavit on 3-7-1963 correcting his date of birth as 3-1-1945; that thereafter when he applied for the post of B.Com teacher, in his application he recorded his date of birth as 3-1-1945 and on the basis of interview, he was appointed as BCom teach......dpur impleading the opposite parties as defendants therein for declaration that the so-called order dated 21-11-2004 passed by the opposite parties compulsorily retiring the plaintiff-petitioner from service is illegal, and not binding upon the petitioner, stating, in short, that the petitioner pass..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......fore arrival of the informant party the accused in writing informed Gulshan Police Station that the deceased committed suicide the hanging. On the basis of which Unnatural Death Case No.2 of 2004 was recorded and SI Biman Kumar Das was entrusted with the investigation of the same, who went to the ho......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......ia, that the defendant No.1 Naimuddin Molla had obtained settlement of a landed property as a landless person on 17-1-1979 from the government of Bangladesh, defendant No.2, which was a khas properly recorded in khas khatian No.1, measuring 1.32 acres of land comprised in Plot No.1334 and 1193 withi......le. 11. During the pendency of the Rule the defendant No.1, Naimuddin Molla, having died his other sons and daughters were substituted on 31-1-2008 in his place in the Rule. 12. Pursuant to the service of the Rule the learned Advocate Mr. Shisir Kanti Majumder appeared on behalf of the plainti..Category: Procedural Law | Date: | Hits: 120
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
....Wa lil‑mootalla Kate mataaoon bil‑maaroof. 21. The dictionary meaning of these words are as follows: 'mootallakat" ....a woman who is divorced. "Mataaoon ...house‑hold stuff, utensils, goods, chattels, provision, convenience. "maaroof" ...known, recognised, honourable, good, befitt......ance of the petitioner as to why the amount of maintenance should not be further reduced. 6. No one appears to support the Rule. Heard Mr. Md. Abdul Jabbar for the opposite parties and perused the records. It appears that none of the Courts below has given its reasoning for the amount fixed by th...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ..Category: Family Law | Date: | Hits: 528
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ...... came to his own decision in one sentence to the effect, "We found nothing illegal in the impugned order." So it appears that the learned Additional Sessions Judge neither scrutinised the evidence on record nor came to his own decision independent to that of the trying Magistrate. This is in clear v......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ..Category: Criminal Law | Date: | Hits: 85
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....er his election, to make and subscribe the oath or affirmation prescribed for a member of Parliament in the Third Schedule: Provided that the Speaker may, before the expiration of that period, for good cause extend it; (b) if he is absent from Parliament, without the leave of Parliament, for n......ina Wazed, Member of the Parliament has although appeared but has not shown any cause by filing any affidavit-in-opposition. In the meantime the petitioner filed a supplementary affidavit bringing on record certain facts which occurred in the meantime and made some additional prayers. All the 3 resp...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......d over to him and, as such, trial proceeded in his absence. The prosecution in all examined 11 witnesses and defence examined none. 4. The learned Special Judge in consideration of the evidence on record found the appellant guilty under section 409 of the Penal Code read with section 5(2) of Act ......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ..Category: Criminal Law | Date: | Hits: 99
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444....... The plaintiff‑petitioner filed the suit on the allegations, inter alia, that the suit land comprised of plot Nos. 752 to 756 originally belonged to one Murari Mohan. The said Murari Mohan was a CS recorded tenant and after his death the suit land was devolved on his only son Gopal Chandra. Gopal ......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444...Category: Property Law | Date: | Hits: 84
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......ntered appearance on receipt of the notice from the Tribunal and on 4‑8‑97 filed a petition with a prayer for dismissal of the Election petition. The Tribunal on consideration of the materials on record and on hearing the learned Advocate rejected the petitioner's prayer for dismissal of the Ele......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....is an alien, just as, much as, when he is a British subject. The justification for it is primarily that, when a public authority has promised to follow a certain procedure, it is in the interest of good administration that it should act fairly and should implement its promise, so long as implement......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ...... their regularization came to the notice of the concerned authorities in 1986 and the Government by its Memo dated 28-07-1986, set up a standing committee to deal with the issue of regularisation the service of work-charged employees, serving under different Ministries/Divisions (Annexure-G to the W..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......itioner before this Division insisted that he did not make any such submission, we have considered the claim of the plaintiff on the said two counts in the light of the plaint case, the evidence on record and the relevant law, namely, The Hats and Bazars (Establishment and Acquisition) Ordinance, ......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......he suit only on the point of limitation. The lower appellate Court is not debarred from deciding the appeal both on point of limitation and on merit after taking into consideration of the evidence on record as the appeal is a continuation of the suit. Rather in my view recourse to such a procedure i......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......al Court. In this appeal the precise question that falls for determination is whether Md. Wali had one wife or two wives. The finding on this point is to be arrived at on consideration of evidence on record. It appears from the judgment of the lower appellate Court that it arrived at the finding tha......l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312...Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......shcart and the accused to the police station. 4. On the basis of the said first information report Double Mooring Police Station Case No. 24 dated 14-6-2000 under section 302 of the Penal Code was recorded against the accused and concluding investigation, charge sheet was submitted on 21-10-2000.......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall 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) 246. ......342 of the Code of Criminal Procedure, is that they are innocent and have been falsely implicated in this case out of enmity. The learned Additional Sessions Judge on consideration of the evidence on record and the facts and circumstances of the case found all the accused appellants guilty under sec......ted from the charge levelled against them and they shall 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) 246. ..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......ighi hatched up this case on false allegations and that the accused persons were quite innocent. 6. The learned Additional Sessions Judge having considered the facts, circumstances and evidence on record vide impugned judgment and order convicted 19 accused including the condemned prisoner Dr. Md...... Islam at Naogaon town by preparing a seizure list which he exhibited as Ext.16 and his signature therein as Ext.16(1). In cross-examination he has stated that on the date of seizure the said car was serviceable. 29. The evidence of P.Ws. 1-10, 12, 13, 15, 18, 21 and 22 is consistent with each ot..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......e innocent and they have been falsely implicated in this case. 6. The learned Additional Sessions Judge, 5th Court, Dhaka having heard both the parties and considered the evidence and materials on record passed the impugned judgment and order dated 22.8.2005 convicting, 17 accused persons under S......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 93
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......id, illegal, mala fide and without legal effect and why he should not be set at liberty and released from detention. 2. Learned Advocate appearing for the petitioner after placing the materials on record submitted that there was no materials before the detaining authority for the detention of the......4. By order dated 4-5-98 District Magistrate, Chittagong detained the detenu Suranjit Barua (Labu) in exercise of power under section 3(2) of the Special Powers Act, 1974 for 30 days from the date of service of the order which was received by the detenue on 5-5-98. It appears that earlier on 9-4-98 ..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......k cognizance under section 24 of the Ordinance against the accused persons of the respective cases and directed issuance of warrant of arrest fixing 4-5-97 as the next date. 3. There is nothing on record to show that in pursuance of the said order CMM in fact issued any warrant of arrest against ......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..Category: Business or Commercial Law | Date: | Hits: 219
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