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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. ......is name in SA Khatian No.240. The shares of Khemari and Chamakhi Mongi were recorded in the SA Khatian No.142. Against the decision of making khas, Lamio Matbar preferred an appeal before the learned Special Judge, Bakergonj, who on consideration of the evidence on record set aside the order passed .............................Respondents (In all the appeals) Judgment October 12, 2011. Result: All the 3 (three) appeals are dismissed. Cases Referred to- AKM Rurul Amin Vs. District Judge and Appellate Election Tribunal, Bhola 38 DLR (AD) 172; Abdul Mannan Vs. Mofiz Uddin, 10 DLR 5..Category: Property Law | Date: | Hits: 67
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......mortem examinations. 4. Accused-respondents along with the condemned prisoner Risalder Mosleuddin @ Hiron Khan @ Mosleuddin and 17 others were put on trial before the learned Metropolitan Sessions Judge, Dhaka in Metropolitan Sessions Case No.7 of 1999 to face charges under section 120B and secti..Category: Criminal Law | Date: | Hits: 191
Mainuddin Vs. State and another, 2010, 39 CLC (AD)
.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ril, 2006 against the police report. The learned Magistrate sent the case for further investigation. Being aggrieved by that order, the informant filed a revision petition before the learned Sessions Judge, Manikgonj, who after hearing both the parties allowed the revision and set aside the order of..Category: Criminal Law | Date: | Hits: 66
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......ous) of 2010. Judgment Md. Ruhul Quddus J. - This First Miscellaneous Appeal at the instance of the substituted plaintiffs is directed against order dated 4.11.2009 passed by the Joint District Judge, fourth Court, Dhaka in Title Suit No.183 of 2006 rejecting an application for temporary in..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......t the time of the decree or order for ejectment is made and not an earlier date. Reference is to be made to the cases of Ananda Sundari, 12 DLR 720, and A.K. Fazlul Huq 19 DLR 901. The learned single Judge obviously proceeded upon a different interpretation of section 18(1) of the Ordinance, to de..Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......der Dacca Paurashava. The appellants Octroi Muharris being aggrieved by the said notification filed a Writ petition under Article 102 of the Constitution before the High Court Division. The learned Judges of the High Court Division, however, rejected the said petition summarily, holding that the s..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165....... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165........2 the appellant, moved the High Court on an application under Article 102 of the Constitution on the allegations as set above. 6. The petition was contested by the respondents and the learned Judges of the High Court Division on consideration of the arguments advanced by the learned counse..Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......Party. Civil Revision No.97 of 1988 (Barisal) Civil Revision No.2861 of 1991 (Dhaka) Judgment AK Badrul Huq J.- Feeling aggrieved by a judgment and order passed by the learned Subordinate Judge, restoring a suit to its file and number, on allowing Miscellaneous Case under Order 9 rule 13..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
.... persons without any authority. Thereafter a criminal case was also started on 11-6-89 against the petitioner. The charges leveled against the petitioner were denied by him. He surrendered before the Divisional Special Judge, Rajshahi on 19-5-92 and the prayer for bail was refused but subsequently h......clared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......nal Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J Harunar Rashid (Md.) son of late Rafique Uddin, Jinnath Mahal.......................Petitioner Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others………………..Respondents Judgment November 11..Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166....... Parties. Civil Revision No.1515 of 1995. Judgment Gour Gopal Saha J.- In this Rule the judgment and decree dated 16-1-95 (decree signed on 21-1-95) passed by the learned Additional District Judge, Chittagong in Other Appeal No.486 of 1988 reversing the judgment and decree passed by the lea..Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....Criminal Procedure, are for the quashment of the proceedings in Special Case No.141 of 1994, upon which cognizance was taken by the Senior Special Judge on 14-9-94 and which is now pending before the Divisional Special Judge, Dhaka. 3. Facts giving rise to these Rules may, in brief, are that Md. ......volved in them are same and both Rules are now being disposed of by this judgment. 2. These Rules, under section 561A of the Code of Criminal Procedure, are for the quashment of the proceedings in Special Case No.141 of 1994, upon which cognizance was taken by the Senior Special Judge on 14-9-94 ...... 2. These Rules, under section 561A of the Code of Criminal Procedure, are for the quashment of the proceedings in Special Case No.141 of 1994, upon which cognizance was taken by the Senior Special Judge on 14-9-94 and which is now pending before the Divisional Special Judge, Dhaka. 3. Facts gi..Category: Criminal Law | Date: | Hits: 71
Aslam Vs. State, 1998, 27 CLC (HCD)
....ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......Advocates - For the Appellant. Shueb Ahmed, Assistant Attorney-General - For the State. Criminal Appeal No.1635 of 1997. Judgment Md. Sirajul Islam J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the order dated 30-7-1997 passed by Special Tribunal No......sed by Special Tribunal No.1, Narayangonj in Special Tribunal Case No.19 of 1997 arising out of Narayangonj PS Case No.16(7)95 under section 19A(P) of the Arms Act. By this order the learned Tribunal Judge rejected the appellant’s prayer for bail. 2. The prosecution case, in short, is that, one..Category: Criminal Law | Date: | Hits: 65
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......ssain, Advocate - For the Opposite Parties. Civil Revision No. 2924 of 1994. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 6-7-94 passed by the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.258 of 1992 allowing the plaintiffs applicat..Category: Property Law | Date: | Hits: 66
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153.......henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153.......out of an application filed under section 115 of the Code of Civil Procedure and is directed against the order No.15 dated 22-2-95 passed in Miscellaneous Appeal No.54 of 1985 by the learned District Judge, Jhenidah allowing an application for addition of parties. 2. The petitioner as plaintiff i..Category: Property Law | Date: | Hits: 55
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......f no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151...Category: Criminal Law | Date: | Hits: 87
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......008 passed by the learned Additional Chief Judicial Magistrate, Brahmanbaria in GR Case No.668 of 2008 arising out of Brahmanbaria Police Station Case No.30 dated 7-7-2008 under section 25B(2) of the Special Powers Act, 1974. 2. The prosecution Case in short, is that one Md. Nazir Hossain, Sub-in......n Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued upon the opposite party against order No.2 dated 26-10-2008 passed by the learned Sessions Judge, Brahmanbaria in Criminal Revision Case No.69 of 2008 rejecting the prayer for taking of Jimma..Category: Criminal Law | Date: | Hits: 110
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64....... to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64...Category: Others | Date: | Hits: 134
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......dary, Advocate - For the Appellant. Kazi M Ejarul Haque, Deputy Attorney-General - For the State-Respondent. Criminal Appeal No.4850 of 2005. MR Hasan J.- This appeal under section 30 of the Special Powers Act, 1974 has been preferred against the Judgment and order dated 9-11-05 passed by t...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..Category: Criminal Law | Date: | Hits: 79