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Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......nd the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......n witnesses came to their rescue accused left the place leaving aside a motor cycle. Police came to the nearby place hearing hue and cry and sent them to Banaripara Hospital for treatment. 4. Only question in this case is whether petitioners are entitled to be enlarged on anticipatory bail. 5...Category: Criminal Law | Date: | Hits: 84
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
.... 3. The defendant opposite parties contested the suit by filing written statement denying all the material allegations of the plaint and contended, inter alia, that the plaintiffs have no title and possession in the suit property. It was also contended that the plaintiffs based their claim in the ......itioners as plaintiffs instituted a suit in the Court of the Assistant Judge, Pirganj in the District of Thakurgaon, being Other Class Suit No.28 of 1991, praying for declaration of title in the suit land and for permanent injunction. 3. The defendant opposite parties contested the suit by filing......nvolved: Md. Marfat Ali, Advocate — For the Petitioner None appears — For the Opposite Party. Civil Revision No. 3635 of 1996. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 1-1-96 passed by the District Judge, Thakurgaon in Miscellaneous Case No.9 of 1......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....cted them to be members of the gang of dacoits and officer-In-charge of that Thana and another police officer boarded the trawler and arrested the accused persons and recovered two revolvers from the possession of accused Rana Matbor and Shamim and also recovered some cocktails, several rounds of am......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499....... the gang of the dacoits about whom they received secret information. At the time of actual raid in that trawler, the accused persons were arrested by the members of the police party and at that time question of presence of the members of the public did not arise and as such the two seizure list wit..Category: Criminal Law | Date: | Hits: 59
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....rdinate Judge and Artha Rin Adalat, 4th Court, Dhaka in Title Execution Case No.20 of 1997 rejecting the application of the petitioners under section 151 of Code of Civil Procedure for restoration of possession on the ground that no executable decree was passed. 2. Short facts relevant for the pu......ule of the Court. It has been stated that on the basis of an arbitration agreement dated 31-5-85 the parties appointed Mr. MA Rashid as the sole arbitrator to adjudicate the dispute in respect of the land mentioned in the agreement as to the shares of the parties thereto in the light of the differen......o Reported in: 51 DLR (HCD) (1999) 493. ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
.... it is a case of no evidence inasmuch as he claimed that none of the P.Ws. have been able to identify the accused appellants in dock nor any incriminating article was recovered from their control and possession and, as such, the impugned judgment, order of conviction and sentences passed thereunder ......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......s judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......He thereafter referred to the case of Hafizuddin Vs. State reported in 42 DLR 397 and submits that since the recording Magistrate has recorded the confessional statements of the confessing accused in question and answer form, it is not admissible in evidence inasmuch he submits that the recording Ma..Category: Criminal Law | Date: | Hits: 70
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....filed written statement denying the material allegations of the plaint and contended, inter alia, that the suit is bad for defect of parties. It was also contended that the plaintiff has no title and possession in the suit land and, as such, the suit is liable to be dismissed. 4. The plaintiff th...... denying the material allegations of the plaint and contended, inter alia, that the suit is bad for defect of parties. It was also contended that the plaintiff has no title and possession in the suit land and, as such, the suit is liable to be dismissed. 4. The plaintiff thereafter served Interro......es Referred to- Md. Shahidul Alam Khan and others Vs. Md. Gulzar Alam and others, 1984 BLD 21 = 36 DLR 290; Mir Shariatullah Vs. Abdur Rahman Bepary and others 8 DLR 645; Shaimon Bewa Vs. Shafiruddin and others, 38 DLR 265. Lawyers Involved: Mohammadullah, Advocate - For the Petitioner. ......ea of defect of parties in his written statement, it is for the plaintiff to take note of that and to take remedial steps, wherever necessary. Even after an objection is taken by the defendant on the question of defect of parties and the plaintiff fails to implead them as parties to his suit, he mus..Category: Procedural Law | Date: | Hits: 67
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......R (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......support of the grounds taken in the review application as indicated above. 5. Mr. Khalequzzaman, the learned Advocate appearing for the objector, submits in reply that— (1) review application in question is not entertainable as this Court has no jurisdiction to review its own order, and (2) eve..Category: Company Law | Date: | Hits: 186
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......ithout giving him any opportunity to be heard is without lawful authority. He further submitted that petitioner having not agreed to the proposal of respondent No.4, Developer for development of waqf land his removal by the respondent No.2 is in colourable exercise of power to award-contract to the ......he Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......le of HC No.11278, petition, affidavit-in-opposition, affidavit-in-reply and other relevant papers and on consideration of the same along with order sheet of SC Case No.11278 we find that the waqf in question was enrolled for the first time by order dated 29-11-47 and one Abdul Hafiz, son of Samirud..Category: Trust/Waqf Law | Date: | Hits: 142
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
.... 9) but they did not reply. This witness as the plaintiff prays for a decree for execution of the deed in his favour on receipt of the rest of the money according to the agreement and for delivery of possession. In his cross-examination he denied that the tender was cancelled in public interest and ......concerned Ministry, is illegal and not binding upon him with a further prayer for specific performance of contract contending, inter alia, that in response to a public notice for sale of the unused lands of the Railway Department through tender, the plaintiff submitted two tenders to the concerned......This Case is also Reported in: 55 DLR (2003) 405. ......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ..Category: Civil Law | Date: | Hits: 82
Almas Miah Vs. State, 2002, 31 CLC (HCD)
....rused the application for appeal. The learned Additional Sessions Judge found the appellant guilty under section 489B of the Penal Code on proof of the seizure of a counterfeit 500 Taka note from his possession. 5. P.W.2 and P.W.6 have corroborated the informant that said note was recovered from ......ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ...... appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......cy note in possession of the accused was of such nature or description or look that a mere look at it would convince any person of average intelligence that it was counterfeit or forged, nor any such question was put to the accused during trial, the conviction and sentence of the accused under the s..Category: Criminal Law | Date: | Hits: 87
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......e directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......tion No. 3969 of 2009). Order Md. Abdul Wahhab Miah J. - Delay of 265 days in filing the leave petition is condoned. 2. In this petition for leave to appeal, the petitioners have called in question the judgment and order dated the 18th and 19th November, 2009 passed by the High Court Divi..Category: Employment/Service Law | Date: | Hits: 86
Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
....receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......so found that the suit is barred by res judicata and bad for defect of parties. The learned Munsif further found that the plaintiff had no cause of action and he failed to prove his title in the suit land. 6. On appeal, the learned District Judge did not find that the impugned judgment suffers fr...... Khaleque for SS Halder, Advocate- For the Petitioners. Not Represented — the Opposite Parties. Civil Revision No.7753 of 1991. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 25-3-91 passed by the District Judge, Bogra in Title Appeal No.197......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289...Category: Property Law | Date: | Hits: 75
Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)
.... High Court Division being Civil Revision No.2260 of 1996. While issuing Rule on the revisional application this court made an order on 29-10-96 directing the parties to maintain status quo as to the possession of the suit land during the pendency of the Rule. It appears from the record that on the ......ing Civil Revision No.2260 of 1996. While issuing Rule on the revisional application this court made an order on 29-10-96 directing the parties to maintain status quo as to the possession of the suit land during the pendency of the Rule. It appears from the record that on the basis of the aforesaid ......ashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287....... decisions the latest one is the case of Abul Bashar and another Vs. Hasanuddin Ahmed and others reported in 51 DLR (AD) 14 where it has been held that when the civil Court is already seized with the question of regulating possession of the land between the same parties the Magistrate acted without ..Category: Criminal Law | Date: | Hits: 237
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
....he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284.......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284....... thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284.......od of one year from the date of signing the same and shall continue be binding on the parties even after the expiry of the aforesaid period until it is terminated by two months notice. 10. Now the question is whether after termination of a settlement rights and obligations created under the termi..Category: Labour and Industrial Law | Date: | Hits: 168
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......ove the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ...... while was fixed for examination of witnesses at that stage petitioner moved this court seeking relief as mentioned herein before. 6. Learned Advocate for the petitioner submits that proceeding in question was illegal since the same was initiated upon a report submitted by an officer not authoris..Category: Criminal Law | Date: | Hits: 75
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
....obtained the present Rule. 7. Mr. Probir Halder, the learned Advocate appearing for Mr. SS Halder for the petitioners, submits that in view of the fact that the complainant has failed to prove his possession in the case land by cogent and reliable evidence the learned Additional Sessions Judge er......R No.115 of 1992 was started against the accused petitioners under sections 148/447/379/427/34 of the Penal Code. The prosecution case, in short, is that, complainant Kasem Ali Bepari and his wife as landless cultivators got settlement of the case land measuring 96 decimals from the Government in pl......to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278....... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278...Category: Criminal Law | Date: | Hits: 73
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
....e to be false or not true, in any material particular: he shall be punishable with imprisonment for a term which may extend to three years and shall be liable to fine. 5. (1) Whoever has in his possession any property, movable or immovable, either in his own name or in the name of any other pe...... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......lication. Therein it has primarily been contended that as the provisions of the Act are applicable only to public servant and that have no application to an ordinary citizen as such the proceeding in question is liable to be quashed. It may be mentioned that other contentions raised in the revisiona..Category: Criminal Law | Date: | Hits: 62
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....e. In the instant case defence case is that victim Tomizuddin and P.Ws.2 and 4 sustained gun shot injuries at the time of the melee between Tomizuddin’s party and P.W.9 Dewan Ali’s party over the possession of ‘Parul’ daughter of Mannan in whose courtyard dead body of the victim Tomizuddin w...... Ali Akbar lodged an First Information Report with Gaffargaon PS on 14-3-89 at 11-30 PM stating that at about 3-30 PM on that day nephew P.W.5, Tofazzal, son of his cousin Dawan Ali went to his paddy land to supply water from the Deep Tube Well and at that time accused Matin and Kader resisted Tofaz......and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......nal Justice and Public order Act, 1994. Under the provisions of the latter Act court for that matter jury is allowed to draw such inference as appears proper from accused’s failure to mention under questioning by the police any fact which he could have been expected to mention or failure under que..Category: Criminal Law | Date: | Hits: 64
....respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261.......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261.......ousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261.......tition No. 2296 of 1998).
Writ Petition Nos. 3425, 2162, 1545, 3147, 1582, 452, 2399, 2158, 1558, 2341, 2927, 2296 of 1998 and 3750 of 1997.
Judgment
Kazi Ebadul Hoque J.- In all these Rules question has been raised as to whether some area from the areas of the existing Nikah Registrar can ..
Category: Civil Law | Date: | Hits: 89
Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)
..... 2. Learned Advocate for the petitioner submitted that learned Magistrate on consideration of the facts and circumstances of the case having rejected the prayer of the first party for delivery of possession of the disputed land learned Additional Sessions Judge acted illegally in setting aside t......r the petitioner submitted that learned Magistrate on consideration of the facts and circumstances of the case having rejected the prayer of the first party for delivery of possession of the disputed land learned Additional Sessions Judge acted illegally in setting aside the same under an erroneous ...... the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259.......gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259...Category: Criminal Law | Date: | Hits: 65
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