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Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)

.... submits that the Courts below have committed error of law resulting in an error in the decision occasioning failure of justice and erroneously decreed the suit. He next submits that the Courts below wrongly treated the plaintiff as a regular Government employee and accordingly, decreed the suit wit......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......de of Civil Procedure, 1908 (Act No. 5 of 1908); section 9 The Specific Relief Act, 1877 (Act No. 1 of 1877); section 42 Exclusion of jurisdiction of a Civil Court should not be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine cases w......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ..

Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50

Syed Tipu Sultan Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... ammunition to the petitioner within a period of seven days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 624. ......o cancel or suspend such license under clause (a) or (b) of section 18 of the Arms Act. Such license could be cancelled or suspended under clause (a) when it would deem necessary for reasons to be recorded in writing for security of the public peace and under clause (b) when the holder of such l......eipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 624. ...... ammunition to the petitioner within a period of seven days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 624. ..

Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10

Most. Rafika Begum Vs. Md. Mohammad Ali Sheikh being dead his heirs Most. Asia Bewa and others, 2008, 37 CLC (HCD)

....ance of the Rule is hereby vacated. The lower courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 488.  ......ance of the Rule is hereby vacated. The lower courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 488.  ...... Present: Syed Abu Kowser Md. Dabirush-Shan J Most. Rafika Begum……………………………………………………………..Petitioner Vs. Md. Mohammad Ali Sheikh being dead his heirs Most. Asia Bewa and others………………………………………………......ance of the Rule is hereby vacated. The lower courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 488.  ..

Category: Property Law | Date: 9 Apr, 2008 | Hits: 4

Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)

....) to sub-section (1) of section 18 of the Ordinance, to the facts and circumstances of the case. .........For all the reasons above we hold that the learned SCC Judge and the High Court Division wrongly dismissed the ap­pellants' suit and incorrectly applied the test of bonafide require......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202.   ......pposite Party Judgment March 27, 2008. Result: The Rule is made abso­lute. The Transfer of Property Act, 1882 (Act No. IV of 1882); section 106 Once a tenancy comes into an existence the tenant cannot convert his tenancy into a permanent one by doing any act advers......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202.   ..

Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13

Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)

....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......rhar and since that time there has been no trace of him. Subsequently, on 19-2-81 his dead body was recovered from a well at the Baroshibaloy Mondir in village Belamla. UD Case No.1 dated 19-2-81 was recorded by one Jotish Chandra Mohonta (P.W. 3). The Police came to the place of occurrence, held in...... Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113

Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)

....corded. Send down the lower Court records with a copy of this judgment, immediately.  AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.       ......at and since that time there has been no trace of him. Subsequently, on 19.2.81 his dead body was recovered from a well at the Baroshibaloy Mondir in village Belamla. U.D. Case No.1 dated 19.2.81 was recorded by one Jotish Chandra Mohonta (P.W.3). The police came to the place of occurrence, held inq......ith a copy of this judgment, immediately.  AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.       ......corded. Send down the lower Court records with a copy of this judgment, immediately.  AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.       ..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)

....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ....... Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Sana and another Vs. Niron alias Niranjan Mandal and others, 17 BLD (AD) 295. Lawyers Involved: Quamrul Islam Siddiqui with Md. Jashimuddin - For the Defendant-Respondent-Petitioner.  Muhammad Nazrul Islam with Syed Al Asafur Ali......Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ..

Category: Property Law | Date: 5 Mar, 2008 | Hits: 28

Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)

....rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193.  ......s belonged to Kabul Bibi in 16 annas share and the C.S. Khatian was accordingly prepared and published in her name along with other lands. It is further alleged that the suit land was subsequently recorded in S.A. Khatian No.59 together with other- lands in the name of the said Kabul Bibi and th......uzzaman Mia and others……………………Opposite parties Judgment February 18, 2008. Result: The rule is discharged. Cases Referred to- Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216; Noor Mohammad Kha......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193.  ..

Category: Property Law | Date: 18 Feb, 2008 | Hits: 7

Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)

....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......rtheless, the prosecution must establish the charges beyond all reasonable doubt………………………………(33) First information report First information report being the first recorded version of the prosecution case, it is of great importance. It can be used to corrobo­rat...... in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ..

Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5

Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)

....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......ment departed from the findings that the mother is entitled to the custody of the child until he has completed the age of 7 years for welfare of the child. The learned Appellate Judge appears to have recorded true impact of the said decision and also appreciated the pleadings, evidence and facts and......rts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ..

Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142

Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)

....rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......ecord of rights of the disputed jote and as the settlement officers made their camp in the house of Elimuddin during the survey, taking advantage to that situation, Elimuddin got the record of rights recorded in his name along with others. The Courts below found that there was no reason for getting ......€¦â€¦.Opposite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defe......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ..

Category: Property Law | Date: 28 Jan, 2008 | Hits: 31

Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)

....stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......iled the case. 3. SI Mehedi Hassain took up the investi­gation, visited the place of occurrence, pre­pared sketch map with separate index of the place of occurrence, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. There­after he submi......t wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ..

Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27

Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)

.... in favor of defendant Nos. 1 -4 and also Tahsilder refused to accept the rent from the plaintiffs. The defendants have no right, title and possession in the suit properties and SA Khatian has been wrongly prepared in favor of the defendant Nos. 1-4 due to such recording in favor of the defendant......he superior landlord in Mirashi right in 'A' schedule land and while the same was under his management one Bhama Baishnabi was given shelter in the suit land by the said Govinda and CS record was recorded in the name of the said Bhama Baishnabi. About 60 years ago the said Bhama Baishnabi died ......9. ...... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ..

Category: Property Law | Date: 7 Jan, 2008 | Hits: 9

Bengal Glass Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex, 2007, 36 CLC (HCD)

....78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ......fter arrival of said goods at different customs ports of Bangladesh, bills of entry were submitted and the goods were cleared by payment of the duty and other charges and VAT of taka 78,40,947.85 and recorded said input VAT to the credit in the Current Account Register for payment of the trading VAT......f the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ......78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ..

Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9

Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)

....et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......f Mohanganj P.S. in his examination-in-chief stated that he filled up the FIR form and investigated the case. In course of his investigation he visited the place of occurrence, prepared the index, recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and ar......h any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ..

Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14

Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......of Nira Nipa Pharmacy. 36. P.W.16, SI Ali Hossain of CID, Dhaka. His deposition is not of much importance in deciding this case. 37. P.W.17, Md. Abdul Huq, Mohanagar Magistrate, Dhaka, who recorded the statement of A Majid alias Nasu (P.W.15) under section 164 of the Code of Criminal Pr......municate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..

Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8

BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)

....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ...... Annexure-A (3) to the Writ Petition revealed that one-point charter of demand raised by the union was not entertained by the employer-petitioner and as a result, no memorandum of settlement could be recorded as provided by section 26 of the Ordinance. As the parties failed to reach a settlement by ......sed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..

Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19

Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......nviction of the accused appellants under section 304 part 1 of the Penal Code. ……………………………(54) First information report First information report being the first recorded version of the prosecution case is of great importance. It can be used to corro­borate th......from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..

Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......ossain Humayun, the learned Senior advocate who has represented all the 4 condemned prisoners, has taken us through the FIR, charge sheet, inquest report, seizure lists, the evidence of the witnesses recorded by the tribunal below and also the impugned judgment and order of conviction and sentence. ...... Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

State Vs. Saidul and others, 2007, 36 CLC (HCD)

....ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......ion has been written by a responsible Magistrate in presence of the witnesses and the same had been duly proved and rightly and legally admitted into evidence. When the statement of the declarant was recorded, he was quite capable to speak and the language of the document appears natural and reliabl...... Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..

Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25