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Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)

....rt and contested the suit by filing written state­ment. 3. The plaintiff’s case, in brief, is that Kefatullah and Esamuddin were the own­ers of the suit land including other lands. By amicable partition Esamuddin and Kefatullah got 1.32½ acres of land each. Kefatullah got 22 decimals of land...... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ..

Category: Property Law | Date: | Hits: 36

Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)

....ated. In the present case it is found that the land which was included in the impugned sale deed was not within the jurisdiction of Palong Sub-Registry office. It is a settled principle that where no part of property to which document relates is situ­ated within the jurisdiction of a Sub-Registrar,......t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590...

Category: Property Law | Date: | Hits: 21

Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)

....Matin J. - This petition for leave to appeal is directed against the judgment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 making the Rule absolute in part directing to prepare the record of right of the case property in the name of the original owner......gment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ..

Category: Property Law | Date: | Hits: 28

Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... Munsif, Dhaka praying for dec­laration of title and recovery of khas possession of the suit land the plaintiffs case was that the defendants sold to him on 19th Ashar, 1335 B.S. C.S. Plot No.94 and part of plot No.95 and showed him the land in the locality plaintiff got the western portion of the ......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ..

Category: Property Law | Date: | Hits: 23

Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)

.... by which the plaintiff claims the suit-property does not even include the suit property, as such, the plaintiff cannot claim the said property. 8. We have heard the learned Advocates for both the parties and perused the judgment and order passed by the High Court Division and also the judgments ......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...

Category: Property Law | Date: | Hits: 21

Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)

.... 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: VII ADC (2010) 541.......­lage and when a complaint was present­ed before the then Minister for Local Government and Rural Development, he referred the same to defendant No.4, the Deputy Commissioner, Habiganj, and then an investigation was held and on the basis of the same the defendant No.4 gave opinion in favour of con..

Category: Civil Law | Date: | Hits: 72

State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)

....n. 17. This petition also gives me an opportunity to remind all concerned which is sometimes forgotten that a bail although may often be a right to an accused but sometimes it is imperative on the part of the Court to refuse if there is serious allegations against him, like murder, rape, violence......for bail which is in common parlance known as anticipatory bail, although the question of anticipation did not arise here since they are admitted fugitives and sure to be arrested, in connection with investigation into the allegations contained in the FIR and to bring the offenders before the Court ..

Category: Criminal Law | Date: | Hits: 68

Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....he had forgiven respondent No.3. 6. On 4.3.2010, the Bangladesh Legal Aid and Services Trust (BLAST) through its Deputy Director (Legal Aid) Ms. Farida Yeasmin filed an application for addition of party. The application was allowed and the Bangladesh Legal Aid and Services Trust was added as co-p......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ..

Category: Constitutional Law | Date: | Hits: 201

Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)

....hinges on answer to the following core question, whether a Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure which was directed for restoration of a suit on setting aside an ex parte decree, dismissed for default can be restored to its file and number on the strength of a Misc......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284...

Category: Procedural Law | Date: | Hits: 83

Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)

....€” For the Petitioner. Md. Mustafa, Assistant Attorney-General — For the Opposite Parties. Criminal Revision No.1211 of 1993. Judgment Md. Hamidul Haque J. - By this Rule, the opposite parties were called upon to show cause as to why the proceedings of Criminal Case No. 301 of 1990 no...... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283...

Category: Criminal Law | Date: | Hits: 39

Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)

....d Chairman as petitioner invoked this Court’s Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure whereupon Rule was issued calling upon the opposite party No.1 to show cause as to why judgment and order dated 10-4-2000 passed by learned Subordinate ......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...

Category: Election Law | Date: | Hits: 89

Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)

.... such, the conviction and sentence based on disputed confession are liable to be set aside, that the confessional statement is exculpatory in nature and the appellant did not implicate himself in the participation of commission of murder and, as such, the disputed confession cannot be the legal basi......formation report. Sub-inspector of Police Dipak Kumar Biswas recorded the first information report on the verbal statement of informant Abdul Jalil and read over it and obtained his signature. During investigation appellant Md. Shahjahan made a confessional statement on 9-8-91 before the then Upazil..

Category: Criminal Law | Date: | Hits: 38

Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)

....8839 of 1991. Judgment ABM Khairul Haque J.- This Rule under section 115 of the Code Civil Procedure was issued at the instance of the plaintiff-petitioner calling upon the defendant- opposite parties, to show cause as to why the judgment and order of remand dated 13-09-1987 (Decree drawn on ...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262...

Category: Civil Law | Date: | Hits: 94

Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)

....g upon the respondents Subordinate Judge Court No. 2 and Artha Rin Adalat No. 1 Rangpur and the Manager Uttara Bank, Rangpur Branch, to show cause as to why the impugned judgment and decree passed ex-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not be ......r incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liabi..

Category: Civil Law | Date: | Hits: 93

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....ion. The said Rule was contested by the respondent No.3 denying the allegation in Writ petition stating, inter alia. that the Dhania Union Parishad was set up by notification dated 7-5-94 taking some part of Shyampur Union Parishad and the petitioner was appointed Nikah Registrar on 19-10-94 for Shy......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...

Category: Constitutional Law | Date: | Hits: 109

Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)

.... started and after investigation police submitted charge-sheet against the 13 accused- persons excluding the accused-petitioner and recommending him to discharge from the Case. The informant-opposite-party filed a Naraji Petition against the same before the learned Magistrate and the learned Magistr......ccused-persons including accused-petitioner who died in Rangpur Medical College Hospital on 11-6-98 on being taken for treatment. On the aforesaid facts the said Haripur PS Case was started and after investigation police submitted charge-sheet against the 13 accused- persons excluding the accused-pe..

Category: Criminal Law | Date: | Hits: 40

Labu Mia Vs. State, 2001, 30 CLC (HCD)

.... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......n was filed praying for bail or to discharge him stating inter alia that the accused Labu Mia is a child who has been involved at the instance of the Investigating Officer who did not hold any proper investigation nor visited the place of occurrence. The investigation officer himself submitted an ap..

Category: Criminal Law | Date: | Hits: 101

Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....For the Respondent. Application Nos. 43, 44. 46, 47 and 48 of 1994. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these reference applications and the parties being same they are heard together and are being disposed of by this judgment. 2. Referen......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

.... being Arbitration Miscellaneous Case No.907 of 1986. The defendants also made similar application for setting aside the award being Arbitration Miscellaneous Case No. 42 of 1987. On hearing both the parties the learned Subordinate Judge allowed both the Miscellaneous Cases and set aside the award b......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..

Category: Civil Law | Date: | Hits: 132

Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)

....he Complainant Opposite Party. Md. Mustafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 1836 of 2000. Judgment Md. Hamidul Haque J. - By this Rule, opposite parties were called upon to show cause as to why the proceedings of CR Case No. 315 (ka) 99 (TR No.1...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ..

Category: Criminal Law | Date: | Hits: 42