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Wazir Jahan Begum and another Vs. Government of Bangla­desh and others, 2003, 32 CLC (HCD)

....a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621.......man that the District Judge has the power to transfer the Miscellaneous Case under section 27(7d) is devoid of any substance. Thus, we hold that the very act of transferring the Miscellaneous Case in question by the District Judge to the Court of Artha Rin Adalat and Subordinate Judge for trial was ......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621...

Category: Civil Law | Date: | Hits: 81

Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)

....he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......se then the Court was likely to decide what would be the next procedural course to be adopted. Order dated 21‑1‑1995 does not contain any observation of the Court on above procedural matters. Now question arises whether the Court in its usual course could proceed with the hearing even if the com...... fresh summons or for issuance of witness warrant would arise for consideration by the Court. Before recording order of acquittal under section 247 CrPC. Court below ought to have looked to all above facts as evident from the record. Moreover, the Court was also vigilant, cautious and careful as to ..

Category: Procedural Law | Date: | Hits: 73

Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)

....vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......executing Court in Money Execution Case No. 39 of 95, which rejected a prayer of the decree‑holder for attachment of the movables of the judgment‑debtor, Deputy Commi­ssioner, Dhaka. 2. Short facts for the disposal of the Rule are that, the land of the petitioner was acquired long back on 25..

Category: Procedural Law | Date: | Hits: 54

Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ...... 5. That the prosecution adduced 14 witnesses to prove its case, while the defence examined none. However from the cross examination of the defence, the defence case appears to be that the arms in question was not recovered from the exclusive possession or control of the accused-petitioner inasmu......prosecution case the learned trial Court has examined the accused under section 342 of the Code of Criminal Procedure when he was asked as to whether he pleads guilty, upon bringing all incriminating facts and materials that was adduced in the course of trial evidence, but the accused pleaded not gu..

Category: Criminal Law | Date: | Hits: 65

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ...... 5354, 5355 and 5924 of 2009. Judgment Md. Ashfaqul Islam J.- All these Writ petitions are taken up together and disposed of by a single Judgment since all the writ petitions deal with a common question of law and fact. 2. BIVAC International SA and another, Intertek International Limited ......t their Lordships in that Decision finally held: "It appears that the letter dated 11-3-2001 was written by the personnel of the National Board of Revenue being quite unmindful of the law and the facts and circumstances in the background whereof PSI Agency signed the Contract with the Government..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Abdul Motaleb Howlader alias Chan Miah Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others, 2011, 40 CLC (HCD)

.... discharged, however, without any order as to costs. Communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......er. Ms. Nasrin Ferdous, Advocate -For the Respondent. Writ Petition No. 2362 of 2005. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor, was issued calling in question order dated 31.5.2004 passed by the Judge, Artha Rin Adalat No.1, Pirojpur admitting a seco......5.2004 passed by the Judge, Artha Rin Adalat No.1, Pirojpur admitting a second execution case namely Artha Rin Decree Execution Case No.2 of 2004 arising out of Artha Rin Suit No.3 of 1998. 2. The facts leading to this writ petition are that respondent No.3, Bangladesh Krishi Bank, Pirojpur branc..

Category: Civil Law | Date: | Hits: 107

Arun Kumar Sutradhar and another Vs. The Joint District Judge, Artha Rin Adalat Comilla and another, 2010, 39 CLC (HCD)

.... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......dvocate -For the respondent. Writ Petition No.4374 of 2003. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of two judgment debtors in a mortgage decree, was issued calling in question order dated 26.5.2003 passed by the Artha Rin Adalat, Comilla in Artha Decree Execution Cas......sold out a portion of the mortgaged property to others before taking loan from the bank and by concealing the said fact caused huge loss to the bank, but the executing Court without considering these facts had allowed the Miscellaneous Case releasing .98 ¾ acres of land, a portion of the mortgaged ..

Category: Civil Law | Date: | Hits: 80

Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ......ly defendant No.1 executed and registered the sale agreement in favour of the plaintiff. Both the Courts below found the sale agreement to be legally enforceable and arrived at concurrent findings of facts that the plaintiff had served several legal notices upon the defendant; that the story of ‘s..

Category: Property Law | Date: | Hits: 99

Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)

....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......t the said co-accused detained him and compelled him to keep silent on threat of his life. But after being released from their grips, he did not disclose the occurrence at his own instance. Under the facts and circumstances, the learned Additional Sessions Judge partly believed his confessional stat..

Category: Criminal Law | Date: | Hits: 74

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

..... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......ivil Rule. 10. Mr. Md. Lutfor Rahman Mandal, learned Advocate appearing for the appellants submits that the Court of Settlement had no jurisdiction to decide title of the suit property and as such question of title between the parties is still open to be decided by a competent civil Court. Since ......ndoned character of the suit property was finally decided up to the Appellate Division. 8. Against the said application for rejection of the plaint, the plaintiffs filed a written objection on the facts and grounds stated therein. 9. Learned Joint District Judge heard the application and allow..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ....... Civil Appeal No. 46 of 1982. (From the Judgment and order dated 3 November, 1981 passed by the High Court Division in Civil Revision No. 921 of 1974) Judgment Shahabuddin Ahmed J. - The question involved in this appeal by special leave is whether the learned Single Judge of the High Co...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..

Category: Alternative Dispute Resolution | Date: | Hits: 238

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....ating tenure holding in favour of the defendant, and decreed the suit. This decision was affirmed by the learned Single Judge of the High Court Division. The relevant portion of the patta which is identical in all the 4 pattas marked Exhibit D series runs in the following terms:- “লিখà......Second Appeal No. 1245 of 1962 affirming those of the Subordinate Judge, Bogra in Title Appeal No. 73 of 1961 reversing the decision of the Munsif, First Court, Bogra in Title Suit No 317 of 1959 The question Involved in this ap­peal is whether the defendants held the suit property in occupancy rig......ent with occupancy right was created in favour of the patta holders, including the defendant; and such tenancy is protected from annul­ment. The learned Subordinate Judge on misconception of law and facts erroneously reversed the judgment of the trial Court; and learned Judge of the High Court Divi..

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......er delivering the judgments, the order of the Court was as follows: “Since we have expressed different views in respect of imposing death sentence and split judgment has been passed only on the question of maintaining capital sentence, the case records of the Death Reference and connected Crim......l Appeal and Jail Appeal were heard by a Division Bench of this Court comprising my learned brothers Khondker Musa Khaled and Zubayer Rahman Chowdhury, JJ. The learned Judges upon considering all the facts, evidence and materials on record, by their judgement delivered on 30th and 31st August, 2008,..

Category: Criminal Law | Date: | Hits: 94

Samerendra Samajpati and others Vs. Government of the People’s Republic of Bangladesh, 2012, 41 CLC (AD)

....r of the High Court Division. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......379 of 2007 discharging the Rule. 3. Facts relevant for disposal of the instant leave petition are that the petitioners’ father Sarbananda Samajpati applied for getting lease of the property in question situated at the HHNZ station at mile No.168/16 to 168/18 under J. L. No.17, Mouza Sultan Ma......feet wide and 80 feet in length towards their homestead thereby changing the nature and character of the land which was given to them by way of licence as agricultural land. Upon consideration of the facts and circumstances, the High Court Division observed that the petitioners claim that they were ..

Category: Property Law | Date: | Hits: 69

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ......it can in law validly form the sole basis of the conviction of the maker and there is no need at all to look for further corroboration. A retraction of a confession has no bearing whatsoever upon the question whether it is true and voluntary. In State Vs. Fozu Kazi @ Kazi Fazlur Rahman, 29 DLR (SC) ......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 100

State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)

....Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 77

Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)

....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......aon Sub-Registry Office in respect of Suit land which is a product of collusive acts. Hence, he filed the suit. 3. The defendant contested the suit by filing written statement denying the material facts and allegations made in the plaint contending, inter alia, that Brindaban Goshwami sold 1.90 a..

Category: Property Law | Date: | Hits: 66

Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......(I) Whether, the writ petitioner claiming to be a worker filed complaint BLL Case No.151 of 2007 before the Labour Court raising his grievance and during pendency of the said case, he suppressing the facts of complaint BLL Case, filed the Writ petition and whether the High Court Division is right in..

Category: Employment/Service Law | Date: | Hits: 111

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......eputy Attorney General, it is necessary to go through the leave granting order. Leave was granted to consider the following submissions of the learned Advocate for the petitioners. "I. The land in question is the khas land of the Government and the Govern­ment settled the same to various defenda...... learned Subordinate Judge, Patuakhali in Title Suit No.111 of 1987. 2. Civil Appeal Nos.185, 186 and 187 of 2004 have been heard together and are being disposed of by this common judgment as they facts. 3. The facts, leading to the filing of these appeals, in short, are that Abdul Motaleb and..

Category: Property Law | Date: | Hits: 67