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Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......al Court and the lower appellate Court on consideration of oral and documentary evidence having found that the plaintiffs have been able to prove their claim of taking settlement of the suit land and payment of rent to the original owner and to the Government, and the defendant government having fai......ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ..Category: Property Law | Date: | Hits: 80
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
....application was disposed of by the Administrator of Waqf on 30th March, 1983 on the following terms:- "It is not possible to order enrolment of the properties unless we are convinced that it was a part and parcel of the B.C. No. 4401 and covered by the Waqf deed efforts should be made to bring th...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....in affirming the judgment and decree dated 31-5-1999 passed by the learned Subordinate Judge, 2nd Court, Kishoreganj, in the Other Class Suit No. 212 of 1993 in decreeing the suit. 2. The opposite party Nos. 1 to 5 Rabindra Chandra Saha and others as plaintiffs filed Other Class Suit No. 212 of 1......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
.... they did not account for cause of death. 9. In the case there is no eye-witness of the murder of victim of crime. Having regard to the manner, place and time of occurrence it was difficult on the part of prosecution to place on witness box any ocular evidence for the commission of murder of vict......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638...Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....ffect that the prevailing legal system, what they call as তাগুদি আইন must be replaced by what they recognise as the Quranic Law or Islamic Law. Prosecution further alleges that as a part of the strategy to materialise their belief, the condemned convicts made a criminal conspiracy ......osed and study and recite from the Holy Quran. PW 7 sometimes found them selling honey. However, after 8th or 10th Ramadan, he went to that house and found that they had left the house without making payment of rent for one and half a month. A few days thereafter a bomb blast took place at Jhalakati......dha Bari, Rupatali Lal Dighir Par. Accordingly, one day PW 2 went to the house and met Mehedi, Arif, Moaz, Talha, Mahmud and few others. On this occasion there was no meeting. Later on, Mehedi took a loan of Taka 500 from PW 2. So, in the first weeks at October 2005 PW 2 went to that house in the ni..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....nt jail appellant Hiru Mia and another person to get down from a rickshaw with bags in their hands, opposite to the road (in front of them). Their movements appearing to be suspicious they (informant party) were crossing the road for the purpose of interrogation and search of them. At their sight th......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....Panchamoni Dasi and Sudhir Das in their specified shares. While jointly possessing his shares, Satish Chandra Das died leaving three sons, namely, the pre-emptor and respondent Nos. 2 and 3 (opposite party Nos. 4 and 5 in the application). 4. Besides, Panchamoni Dasi exhausted her interest in the......tly, he submitted that in view of said orders passed in Miscellaneous Case No. 45/IX- 1/79-80 and 317/IX-I/82-83 opening new khatians in the name of Sudhir Kumar Das in respect of his entire land and payment of rents on the basis of such khatian the pre-emptor was not entitled to pre-empt the impugn......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593...Category: Property Law | Date: | Hits: 69
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....ffirming the judgment and decree dated 21-7-1999 passed by the learned Family Court Judge and Assistant Judge, Shaturia, Manikganj in Family Suit No. 13 of 1997 decreeing the suit. 2. The opposite party Sonia Pervin Liza (Minor) as plaintiff filed the Family Suit No. 13 of 1997 in the Family Cour......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... section 6(2) and 6(2)/14 of the Ain, 1995 in terms of the judgment and order passed on 2-9-2003 in Nari-o-Shishu Nirjatan Daman Special Tribunal case No. 43 of 1999 renumbered as 404 of 2002. 2. Apart from the Death Reference, condemned-prisoners Sayed Sajjad Mainuddin Hasan alias Hasan alias Az......or the renovation work of the PO House 2/A years before the occurrence. Hasan was paid at the rate of 4/5 percent. PW 7 admitted that Hasan submitted two bills amounting to Taka 28,600 and 23,700 for payment and on receipt of the bills he (PW 7) recommended payment thereof. These two bills were prod...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ah Registrar. For their illegal actions, the petitioner lodged complaints with the Thana Nirbahi Officer, Nangolkot, Comilla on different dates. In the background of the mischievous activities on the part of said Monowar Hossain and Rashid Ahmad the petitioner received Memo No. 277 dated 15-11-1998 ......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534...Category: Employment/Service Law | Date: | Hits: 81
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....Taxes (Appeals), Zone-3, Dhaka challenging the various disallowances and additions made in the assessment order. The Commissioner of Taxes (Appeal), by his order dated 31-8-1998 allowed the appeal in part by granting some relief’s although some grounds of the assessee were confirmed in the appeal,......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....ned Counsel also took us to the petition of retraction of the confessing accused and showed us the way the confessional statement was obtained by the police. He also requested us to note the relevant part of the application, which was as follows: সর্বমোট ২০ দিনের র......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529...Category: Criminal Law | Date: | Hits: 64
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....dant KEB. The letter of credit was established on the back of a master letter of credit No. 6005696745K2 opened by Dr. Rehfeld Handelsgaselschaft MBII, Hamburg through Deutsch bank, Hamburg which was partly transferred to the plaintiff Gemini for US $ 2128,824.70 by the prime beneficiary, YK Garment......nd (c) two instead of four packing lists in respect of one lot, namely, FBL No. BUCH‑1049. On 27‑6‑93 PBL communicated its acceptance dated 26‑6‑93 by registered airmail giving due date for payment on 28‑9‑93; 1-10‑93; 8‑10‑93; 22‑9‑93 and 15‑10‑93 respectively. 6......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
....it petition, affidavit-in-opposition filed by the respondent Nos. 2, 3 and 4, application for vacating the order of stay, Annexures annexed thereto and heard the learned Advocates of the respective parties. 4. Dr. M Zahir, the learned Advocate, appearing for the writ petitioner, has taken u...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ..Category: Employment/Service Law | Date: | Hits: 66
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....ave was granted to consider the submissions of Mr. Mahmudul Islam, learned Counsel, for the appellant that "the findings of the High Court Division are that the suit itself suffers from defect of parties for not substituting the heirs of the deceased pro-forma defendant who admitted the correc......plaintiffs failed to prove the alleged story of transfer of the suit land by defendant No.25 to Masaddar Ali, plaintiffs' predecessor cither by executing any document or by adducing any evidence as payment of any consideration money, delivery of possession, and more particularly when P.W.1 in his ......the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....mpugned judgment is set aside and the case is remanded to the appellate Court. The appellate court is directed to decide the appeal on merit after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is......The P.S. khatian was also prepared wrongly according to R.S. Khatian. But in the B.S. khatian the said mistake was corrected. The defendants have been owning and possessing the suit land by regular payment of rent etc. The claim of the plaintiff of wrong record in the B.S. Khatian is not correct a......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91...Category: Property Law | Date: | Hits: 65
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6. The National Bank Limited respondent No. 3 filed Affidavit-in-Opposition denying the material statements made in the writ petition stating, inter alia, that the writ petition is bad for defect of parties as the National Bank Limited, Head Office was not impleaded as the respondent but one of the......respondent No. 3 to be negotiated at its own risk and responsibility. The respondent No.3 failed to negotiate the export documents and decided to pass on the liability to the petitioners and demanded payment for the same. The petitioners rightly refused to oblige and consequently as punishment their...... Credit Information Bureau of Bangladesh Bank for publishing their names as defaulter. In the credit information report the petitioners' names were published under default Code No. 37658 but the said loan has been repaid and hence it is not being challenged in this writ petition. Unless the operatio..
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....were arrested by the Bangladesh Navy and the case was started in the Patenga Police Station being No. 10 dated 24-9-2000. Thereafter, on 30-9-2000 the vessel was handed over to the Marine Fisheries Department by the Bangladesh Navy as nobody claimed the vessel. Accordingly, tender for sale of the ve......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....be sufficient to specify the gross sum in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offe...... entering the same in the ledger book and misappropriated an amount of Taka 30,85,000 only. It is also alleged that the aforesaid cheques were not posted in the ledger book but it is mentioned in the payment register, scroll register and daily accounts register. Moreover, the accused bank Officers a......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ..Category: Criminal Law | Date: | Hits: 53
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... 41 of the Forest Act, 1927 as amended by the Forest (Amendment) Act, 1990 empowers the government to frame Rules to regulate the transit by land or water of timbers or other forest produces, and, in particular, such Rules apply absolutely or subject to conditions within specified local limits, the ......ss from an officer duly authorized to issue the same, or otherwise than in accordance with the conditions of such pass; (c) provided for the issue, production and return of such passes and for the payment of fees therefore; (d) provide for the stoppage, reporting, examination and making of tim...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..Category: Environmental Law | Date: | Hits: 551
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