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Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)

....It appears that the only point which has been agitated before us from the side of the petitioners was considered deeply by all the courts below. Admittedly, the case land was agricultural land at the time of its transfer to the pre-emptee. The pre-emptee after his purchase of the case land construct......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ..

Category: Property Law | Date: | Hits: 98

Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)

....with his gang, created reign of terror at Magurkhali Bazar which was recorded in a General Diary in the respective police station; that the accused Kartick gave the informant an ultimatum of one week time demanding Tk. 50,000/- as chanda by making threat upon life of the informant, that the informan......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ..

Category: Criminal Law | Date: | Hits: 143

Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)

.... of the Penal Code. 7. On 19.5.2009, the appellant surrendered before the trial Court. On that date, he was sent to the Dhaka Central Jail for serving out the sentence. 8. The appeal was out of time by 463 days and accordingly, Criminal Miscellaneous Case No.5686 of 2009 was filed before the H......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156...

Category: Criminal Law | Date: | Hits: 133

A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)

....issued earlier and directed the Government to restore possession of the suit property to the defendant by 28th June, 2001 with a direction to file an affidavit-incompliance to that effect. In the meantime RAJUK being empowered by the Government issued an auction notice being No.14/2000-2001 publishe...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...

Category: Property Law | Date: | Hits: 85

Most. Sufia Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....333 and 1337 B.S. by dint of Amalnama and rent receipt executed by the landlord. From the aforementioned testimony, it reveals that the P.W.1 was born in the year 1334 B.S. Thus it stands that at the time of settlement he was neither married nor it was possible on his part to take settlement in the ......itle Suit No.48 of 1986 are hereby affirmed. Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 130. ..

Category: Property Law | Date: | Hits: 82

Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)

....umar Kuri agreed to leave it on demand. During the war of liberation, Onnada Sunduri went to India with plaintiff No.2 and 4 and died there in refugee Camp. Santa Kumar Kuri was also in India at that time and his house in Bangladesh was also looted away. After the war of liberation Santa Kumar Kuri ......osts and the 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: 16 MLR (HCD) (2011) 126. ..

Category: Civil Law | Date: | Hits: 103

Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)

....ainst this chapter” 7. The circular of Bangladesh Chemist and Druggists Association and other defense materials as referred by the learned Advocate for the appellants cannot be considered at the time of framing of charge. The Court in framing charge will consider the ejahar and the materials on......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 99

Shamsu Miah Vs. State, 2011, 40 CLC (HCD)

....he had to surrender to the appellant, who established sexual contact with her giving assurance of marriage. Because of their sexual relation, she conceived and pressed him for marriage, but he killed time on different plea. Ultimately she delivered a male baby on 22.3.1994. The appellant came to kno......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 87

Md. Selim Vs. State, 2011, 40 CLC (HCD)

....lla for disposal. 4. In course of trial, the prosecution examined four witnesses. Out of them P.W.1 Abdur Rahman, a seizure list witness and neighbour to the appellant, stated that on the date and time of occurrence, the police had recovered the weapons from the appellant’s house. The weapons w......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 94

Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)

....e learned Advocate has contended that this direction for proceeding with the trial of the Title Suit No.213 of 1994 after 6 months even if the records of earlier suit is not reconstructed within this time has been in violation of Section 10 of the Code of Civil Procedure and as such it is illegal. ......ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400...

Category: Property Law | Date: | Hits: 75

Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

....morandum of deposit of title deeds purportedly made in her name was manufactured, forged and inoperative; return of her deeds and for compensation. The two suits continued side by side for quite some time. Artha Rin Suit was contested by the lady wherein she was examined as a witness. Artha Rin suit...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..

Category: Civil Law | Date: | Hits: 141

Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)

....e to brain hemorrhage on 05.06.2000 leaving behind one wife Mst. Nurunnahar the opposite party No.1, mother Mst. Rabeya Khatun and father Sheikh Moqbul Ahmed the petitioners as his only heirs. At the time of his death Sheikh Sharif Ahmed had money deposited in several bank accounts described in sche...... Trust and Rules of Bangladesh Red Crescent Society Employees Provident Fund". It appears that in clause-'d' of rule 29 of these "Rules" it has been clearly provided that in the case of non-selection/appointment of nominee/nominees the benefit of the prov­ident fund on the death of the deceased emp..

Category: Civil Law | Date: | Hits: 154

Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)

....all refer to this Ordinance as the ‘Ordinance of 1985' in this judgment) provides that the provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force. Then section 5 provides: "5. Jurisdiction of Family Courts.‑ Subject to th...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..

Category: Family Law | Date: | Hits: 215

Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....nal in order to prevent the detenu from doing prejudicial act, that Government instead of detaining him could make an order directing him to remove himself from Bangladesh in such manner, before such time and by such route as may be specified in the order and, as such, his detention has been illegal......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15...

Category: Criminal Law | Date: | Hits: 200

Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)

.... doing any prejudicial act it is necessary so to do, make an order‑ (a) directing that such person be detained. (b) directing him to remove himself from Bangladesh in such manner, before such time and by such route as may be specified in the order: Provided that no order of removal shall...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..

Category: Criminal Law | Date: | Hits: 86

Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)

....ning the real question of controversy between the parties, but it could not be allowed if it changed the nature and character of the suit, or if the prayer for amendment had become barred by lapse of time and a right had accrued to the other side. But the latter principle can be departed, if there a......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...

Category: Property Law | Date: | Hits: 151

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Mohammadi Trading Company, 1994, 23 CLC (HCD)

....aid shall be made in computing the profits and gains under this section in respect of that year." 10. From a reading of this provision of law introduced in the Income Tax Act in 1966 for the first time it appears that clause (iii) of section 10 (2A) provided that if any Trading liability has been......ioner of Taxes. Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong. There will be no order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 6. ..

Category: Fiscal/Taxation Law | Date: | Hits: 188

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....he view of the High Court Division that the Contractor and Labour Sardars were public servants within the mean­ing of section 21 of the Penal Code but has also put forward an alternative case at the time of the hearing that Habibur Rahman, admittedly a public servant, having been named as one of th......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..

Category: Criminal Law | Date: | Hits: 115

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

....he sale was confirmed on 11-8-38 and delivery of possession of the auction purchased property was taken through Court on 23-1-39. The decree-holder auction purchaser having possessed the land for sometime settled the land of C S Plot No.311, on which the homestead was situated, with Mainuddin, son o......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..

Category: Property Law | Date: | Hits: 97

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

....itioner and Mr. N. U. Haider, was also present to oppose this petition on behalf of Respondents No.1 and 2. Since this petition has raised some impor­tant questions of procedural law but at the same time the dispute which has arisen in respect of the election to certain offices of a Union Parishad ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..

Category: Civil Law | Date: | Hits: 111