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State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....s and the above dying declaration having been made by the victim on the apprehension of the approaching death has a great degree of sanctity under the law and thus being a substantive evidence and as good as other evidence the above dying declaration can be the sole basis of conviction and sentence ......tor declared him dead. The police after investigation, submitted charge sheet against the accused including the respondents under section 341 7324 7326 7302 7114 734 of the Penal Code. After the case records were transmitted to the Court of Sessions judge, Narayangonj the learned Sessions Judge fram......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166...Category: Criminal Law | Date: | Hits: 56
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163.......ral or artificial in a competent court of law and consequently this writ petition is summarily rejected.
We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision s...... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163...
Category: Civil Law | Date: | Hits: 77
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....erties by preparing field book and sketch map in accordance with the preliminary decree. That the schedule 'Jha’ to 'Ta' are movable properties. It appears from the schedule 'Jha' that the value of goodwill of two studios was claimed at TK. 1, 00,000.00 out of which the plaintiff was allotted TK.5...... prepared by the Commissioner was not in accordance with the rules and norms of equitable partition and not within the scope of the preliminary decree and writ of partition. 5. It appears from the record that the learned Advocate Commissioner relayed the suit properties and allotted its half shar......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ..Category: Property Law | Date: | Hits: 93
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135........ was lodged with the local Police Station narrating the facts and the police after investigation submitted charge sheet against the respondents under Sections 364/406/420 of the Penal Code. The case record was eventually sent to the learned Sessions Judge, Mymensingh for trial. The Assistant Judge ......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135...Category: Criminal Law | Date: | Hits: 75
Amulla Kumar Bairagi and others Vs. Chitta Ranjan Biswas and others, 2002, 31 CLC (AD)
....ate court has passed a decree over unspecified and undemarcated suit land which is not executable. The leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 118. ......ated and unspecified in the schedule of the plaint and a court shall not be able to pass an executable decree. It also found that the defendant No.1 respondent is in possession of the suit land and a record of right is also running in his name. 4. The learned advocate appearing for the petitioner......ate court has passed a decree over unspecified and undemarcated suit land which is not executable. The leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 118. ..Category: Property Law | Date: | Hits: 69
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....sing the same address of Gulshan of the vendor of the plaintiff and claiming to be the living Shamsul Kabir Humayun Reza but plaintiff did not recognize him as his vendor. 42. To hold a bainapatra good prime factor is to prove passing of consideration. It appears that defendant No.1 (a) to 1 (e) ......-এন ডব্লিউ(ই)৯, সড়ক নং-৫৫, গুলশান ঢাকা-১২১২ 8. It has further been stated in the plaint that plaintiff could manage to look into the records of RAJUK and found that his application dated 6-1-2003 was in the file and also further le......ix kathas of land at 157, Bara Mogbazar and constructed 3-storied building where he reside till his death. Shamsul Kabir Humayun Reza visited foreign countries for higher training and while he was in service in C&B department, he was allotted a land on 21-3-1962 and he paid installments on 26-3-..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......ch he prayed for rejecting the reference. 13. Heard the learned Advocates of the respective parties, perused the impugned judgment and order of conviction and sentence and the material evidence on record. 14. From the impugned judgment and order of conviction and sentence it appears that the l......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541....... plaintiffs got their names mutated with the Government Tahsil office and have been paying rents since 1367 BS and onwards under separate rent receipts Ext. 4 series. The said CS plot No.313 has been recorded in the revisional survey operation in six separate plots. As there was wrong recording in r......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518...Category: Civil Law | Date: | Hits: 90
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ...... P.S. took up the investigation of the case, visited the place of occurrence, prepared the sketch, map along with index, examined the witnesses under Section 161 of the Code of Criminal Procedure and recorded their statements. He sent the recovered Pipe-gun and two blue colored cartridges for opinio......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....Commission and such absurdity would be clear from the provisions of section 31 of the ACC Act, 2004 that allows indemnity to the ACC and to its employees only in respect of the acts and deeds done in good faith i.e. "সরল বিশ্বাসে কৃত কাজকর্ম" not in respect ......ibur Rahman has not been implicated in the F.I.R. or in the charge sheet, nor ACC has accorded any sanction to submit charge sheet against him. This aspect of the case, as apparent on the face of the record, clearly shows that the impugned proceedings has been initiated only to harass the petitioner......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248.......party No.1. 3. The case of the petitioner, Sona Mia (since dead) in brief was that the lands covered by Settlement Khatian No.47 originally belonged to Zamindar Ayub Ali Chowdhury and the same was recorded in the Khatian No.47 in the name of Raj Chandra as Chakran Tenant. Subsequently the Zaminda...... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248...Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......even annas share and Mati Bibi owned one anna share. Afezuddin sold 2.40 acres of land to different persons and Mominuddin sold 1.60 acres to different persons and Mati Bibi got her .78 acres of land recorded in the name of her sons through Nikah marriage. 4. It was further alleged that the land ......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......tted an offence under section 5(1)(d) of the Prevention of Corruption Act, 1947. 5. The matter relating to the framing of charge came up for hearing and the learned Special Judge on perusal of the record and hearing exhaustively the learned lawyers for the petitioners and other accused persons an......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......enal Code read with sections 4(b) and (c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 against the convict-petitioners and others on 4.6.1987. 3. During investigation, the police recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......e Court of Senior Assistant Judge, Kashba, Brahmanbaria, praying for a decree for simple declaration of title in the suit land. 4. The trial court on consideration of the materials and evidence on record dismissed the suit holding, amongst others, that the plaintiff No.2 by filing a compromise pe......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ..Category: Property Law | Date: | Hits: 94
....of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......r laws prior to any fresh appointment, if they are not barred otherwise, causing their unnecessary sufferings and anxieties for a long time."
4. We have considered leave petition, the materials on record and the submissions made by the learned Advocate appearing for the petitioner. Having regard ......of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178...
Category: Employment/Service Law | Date: | Hits: 62
....ng with anybody. Had there been any loan as per claim of the plaintiff, it would have been placed at that time but it was not been claimed on that date.
Thereafter an inventory was prepared of the goods, left by Monsur Rahman in presence of the plaintiff and her husband. After such inventory, the......eing dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others……………………………….Respondent
Judgment
April 21, 2009.
Lawyers Involved:
Bivash Chandra Biswas, Advocate-on-record-For the Petitioner.
Md. Aftab Hossain, Advocate-on-record-For the Respondent No.1.
Not ...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176...
Category: Property Law | Date: | Hits: 70
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......rs on behalf of the respondents in both cases. 12. We have heard the submissions of the learned Advocate for both the parties and perused the impugned order including all other papers available on record. The learned Additional Attorney General submits that the High Court Division while making th......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ..Category: Criminal Law | Date: | Hits: 67
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