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Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
....g the appellant. He further submitted that even if it is conceded that the revolver and bullets were recovered from the pumpkin field on the showing of the appellant as the place was not in exclusive possession and control of the appellant Court below acted illegally in not considering that the appe...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......ound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......LR 520 and 44 DLR 159. 3. Learned Assistant Attorney-General submitted that since the accused was arrested from Palong PS area and in pursuance of his confessional statement arms and ammunition in question having been recovered from the place of occurrence situated within Palong PS though house o..Category: Criminal Law | Date: | Hits: 73
....˜without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......˜without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248....... and all actions taken under the said MLO having been protected by the Fourth Schedule of the Constitution enacted by the Constitution (7th Amendment) Act, 1986 the impugned order cannot be called in question by any court and as such, the writ petition is not maintainable; that the petitioner’s ca..
Category: Employment/Service Law | Date: | Hits: 73
State Vs. Tota Mia, 1997, 16 CLC (HCD)
....their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......nfessional statement. We are to enquire as to whether the recording Magistrate was successful in removing the threat, inducement and fear of the police from the mind of the confessor. We infer from a question put to Tota that the Magistrate was aware of Iota long detention in the hands of the police..Category: Criminal Law | Date: | Hits: 74
State Vs. Sree Ranjit Kumar PramaÂnik, 1990, 19 CLC (HCD)
....e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......the dead body and lodged the FIR. In his cross examination this witness said to the suggestion put to him that they had no trouble with the accused Ranjit nor there was any quarrel with regard to any land nor was it true he did not identify the dead body. 8. P.W.2 Sufia Khatun, who is the wife of......hammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660....... held that abscondence by itself was not conclusive either of guilt or guilty conscience. It must be backed by direct or circumstantial evidence of the occurrence. 31. Mr. Abu Syed then raised the question of mens rea. According to him, the prosecution have failed to adduce any reasonable motive ..Category: Property Law | Date: | Hits: 69
Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)
....ling joint written objection. Their case was that the case under section 96 of SAT Act was barred by limitation and they were benamder of his father Lal Mahmud who was a co‑sharer in the holding in possession. 3. The trial Court dismissed the case on contest on 20.7.82. The pre‑emptor's Misce......the Subordinate Judge. 2. The opposite party No.1 filed on 27th January, 1978 Pre‑emption Case No.16 of 1979 under section 96 of the State Acquisition and Tenancy Act, 1950 in respect of certain land on the allegations, inter alia, that he was a co‑sharer in the holding by inheritance and he ......other………………Petitioners Vs. Kudrat Ali and others………………Opposite Parties Judgment March 11, 1991. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmaker Vs. Hari Mohan and others, 35 DLR (AD) 334; S Joga Moya Debi and others Vs. SDD S......he Trial Court. He also cites the case of Yakub Khan and others Vs. Amjad Ali and others, 27 DLR 164 to contend that in a summary proceeding under section 96 of the SAT Act Court cannot look into the question of benami. He contends that in view of the decree made in Title Suit No.153 of 1978 declari..Category: Property Law | Date: | Hits: 72
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....le partition with his son Kashab Chandra Roy; that by a registered kabala dated 18.8.69 defendant No.1 Uma Rani Roy transferred the land in suit to the plaintiffs and since then the plaintiffs are in possession by growing crops, that as the boundary of the land was not correctly given in the said ka...... as plaintiffs instituted the above suit for permanent injunction impleading the petitioners and others as defendants and praying for restraining the defendant No.1 Uma Rani Roy from selling the suit land measuring 41 decimal stating, inter alia, that defendant No.1 Uma Rani Roy got the suit land by......7 of 1988 (Sylhet) Civil Revision No.146 of 1988 (Dhaka) Judgment Abdul Hasib J.- This rule was issued upon the opposite parties to show cause why the judgment and order dated 11.4.87 passed in Miscellaneous Appeal No.6 of 1986 by Subordinate Judge, Habiganj confirming those dated 24.12.85 ......the reliefs i.e. title and possession by their orders of temporary injunction. These reliefs are outside the ambit of temporary injunction under Order 39, rule 1. 8. The case involves another fine question of law. The question is whether an injunction in a civil suit can circumvent the result of ..Category: Property Law | Date: | Hits: 61
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......parishad concerned held meeting and unanimously passed a resolution selecting a site named "Nayani" for construction of Union Parishad Bhavan and Community Centre and defendant No.10 also gifted some land for that purpose. In the meantime, with some motive and intention the defendants have selected ......¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Golam Rasul and others…………………Opposite Parties Judgment November 24, 1991. Result: The Rule is made absolute. Case Referred to- Administrator, Delta Construction Vs. Chairman, 2nd Labour Court, 28 DLR 365. Lawyers Involved: L...... and they will not be prejudiced if UP office and Community Centre are constructed at Gilabari. 9. Mr. JR Modassir Hossain, the learned Deputy Attorney-General, submits that Government circular in question has made provisions as to how and by whom the site for construction of Union Parishad Bhaba..Category: Civil Law | Date: | Hits: 99
Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ......ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ......ht by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ......ce wherein he has stated everything in detail. 8. We have considered the submissions of the learned Advocate for the petitioner. It appears, in the first place, that the matter contains a disputed question of facts with regard to the number of population which this Court cannot, in its writ juris..Category: Election Law | Date: | Hits: 137
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......sion on the counter‑claim by way of revision or writ, because the counter‑claim was not patently maintainable and there is nothing wrong in the finding of the High Court Division on this material question. 5. Therefore, we find that there was no clear indication that against an interlocutory ..Category: Administrative Law | Date: | Hits: 200
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....for sale, the accused Hares, Bachchu and Kashem told the victim that though he purchased the land he would not be able to enjoy the same. Thereafter the purchased land was registered and he recovered possession of the said land. His elder brother Zahiruddin was killed in 1380 BS by the accused Hares...... 8-00 AM in a sugarcane field situated in the eastern side of his house, 7/8 days before the date of occurrence the informant and his brother the deceased Abu Bakar entered into an agreement to buy a land measuring 3¼ bighas belonging to Zahru's mother which was possessed by the accused Hares, mate......n with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....issued by the defendant No. 1 cancelling his lease/allotment was illegal, void, malafide and of no legal effect, for permanent injunction restraining the defendants from interfering with his peaceful possession in the suit land and for further declaration that the plaintiff with his structures in t...... No. 1 cancelling his lease/allotment was illegal, void, malafide and of no legal effect, for permanent injunction restraining the defendants from interfering with his peaceful possession in the suit land and for further declaration that the plaintiff with his structures in the suit land was entitl......posite–Parties Judgment March 20, 2002. Result: The Rules are made absolute. Cases Referred to- BCR 1983 (AD) 46 [Md. Kashem Vs. GoB]; Mrs. Husna Mansur and others Vs. Secretary Ministry of Public Works and Urban Development, 34 DLR (AD) 35; M Ismail and others Vs. Trans Oceanic......aka) 269. 13. Mr. Mahmudul Islam in reply to the submission of Mr. Rafiqul Haque submitted that here in this case the lease of the suit property having been given in favour of a statutory body the question of malafide does not arise at all. Mr. Islam further submitted that judgment of the Appella..Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......s khalato bhai by relation. He was also the Chairman of the Zila Parishad, Satkhira. That Advocate Abul Hossain had maintained grudge and enmity against his father and maternal uncle on some disputed lands. He had reasonable apprehension that Mr. Abul Hossain Advocate exercised his undue influence a......to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......as acquitted on 30.06.92. Mr. Huq submits that this is absolutely false case in view of the fact that after four years it was not possible for him to make a confession about the arms in his house and question of concealing the arms in the house by a boy of 12 years is absolutely a got up story. We f..Category: Criminal Law | Date: | Hits: 97
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
....of land from plot Nos.51 and 49 by three registered kabala deeds. Subsequently, Ashfaque Chowdhury and Hamida Rahman executed to power of attorney deeds empowering the petitioner No.1 for maintaining possession and taking all necessary steps in respect of their respective purchased land. The husÂba......with a notice served under Section 6 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 dated 07.10.2006 issued by the Land Acquisition Officer, Dhaka, purporting to acquire the land of the petiÂtioners in South Duttapara Mouza and South Ramchandrapur Mouza within Police Stati...... granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ......es of the case, the relevant laws and also several decisions cited from both the sides though found that there was agreement in between the requiring body and the Government before the acquisition in question as per requirement of the relevant law and that the acquisition in question was in public i..Category: Property Law | Date: | Hits: 81
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....nd respondent No.1 shall file the concise stateÂment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......l, India. After receiving the letter of credit, the exporter, M/S. G.N. Exports, West Bengal, India shipped the goods in favour of the petitioner and after arrival of the imported goods at Benapole Inland Port, the petitioner submitted bill of entry being No.C-46302 dated 03.11.2010 through its C&am......r. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ...... 2006 and 8885 of 2006. The present petitioner had no knowledge about the said order of injunction passed by the High Court Division before opening the letter of credit or importation of the goods in question and it imported the aforesaid goods manufactured by the Hindustan Unilever Limited. The ord..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....he plaintiff. The appeal is, therefore, allowed withÂout any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......dispute the arguments made by their Lordship of the Privy Council in Chandan Mull Indra Kumar that interferÂence with the result of a long and careful local investigation except upon clearly defined land sufficient grounds is to be deprecated. As observed above, the reports of the commissioners wer......s. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......on that since the reports were submitted on a careful local investigation it is not safe for “a court to act as an expert and to overrule the elaborate report of a commissioner whose integrity is unquestioned and whose careful and laboÂrious execution of his task is proved by his report and who h..Category: Civil Law | Date: | Hits: 73
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....tiated the entire proceeding. 4. Mr. MA Latif, the learned Advocate appearing in on behalf of the State, submits that the evidence indicates that 100 vials of Phensidyl has been recovered from the possession of this appellant and as such there is no illegality in proceeding with the trial under t......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......eceipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ..Category: Criminal Law | Date: | Hits: 60
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......r a limited purpose for allotting saham to the defendants who were not given saham by the trial Court. 3. The opposite party hereinbefore filed a partition suit praying for saham in respect of the land on various pretexts. The written statement filed by the petitioner‑defendant No.88 on 18.8.84......ent February 28, 1991. Result: The Rules are discharged. Case Referred to- Adamjee Jute Mills Ltd. Vs. Chairman, 39 DLR 11; Jotish Chand Chakrovorty Vs. Hem Chandra 11 DLR 7; Ali Hussain Vs. Rafique, 1977 PLD Lah 419. Lawyes Involved: AKM Asaduzzaman, Advocate ‑ For the petit......r while Civil Revision No.383 of 1985 at the instance of defendant No.88 petitioner. 2. The facts necessary for disposal of these Rules are as follows: In Civil Revision No.383 of 1985 a simple question falls for determination is whether written statement can be filed after the suit, on appeal..Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....ent and a Certificate case was started being Certificate Case No.357 of 1945‑46. The land in question was auction sold to one Ahmedur Rahman on 16.7.1946 and the sale was confirmed on 16.9.1946 and possession was delivered on 18.1.1948. The said Ahmedur Rahman got his name mutated in the RS khatia......as law having been involved in these two Rules the same are being heard and will now be disposed of by this judgment. 3. The petitioner's case in Writ Petition No.207/86 is that they purchased the land in question from one Siddique Ahmed by a registered kabala dated 15.8.79. Originally the land w......egal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......86 (Annexure G to the petition) calling upon the respondents to show cause why the same should not be declared to have been made without lawful authority and of no legal effect. 2. Since identical question of facts as well as law having been involved in these two Rules the same are being heard an..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....his appellant as illegal gratification. The appellant was then challenged by the District Anti‑Corruption Officer and subsequently those two five hundred taka currency notes were recovered from the possession of this appellant and after scrutiny it was found that these are the two notes which were......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......e is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......vict‑appellant and he has taken me through the evidence of the witnesses examined on behalf of the prosecution and also the documents marked exhibits before the trial Court. The appeal was heard on question of fact as well as of law. 8. The learned Advocate appearing on behalf of the appellant ..Category: Criminal Law | Date: | Hits: 90
....ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......he said second inquiry committee for interrogation on 9.8.89 at Babuganj Pilot High School. The petitioner accordingly appeared before the committee and he was interrogated and he gave replies to the questions asked, in writing in his own hand. The said inquiry committee visited various places and e..
Category: Civil Law | Date: | Hits: 159
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