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Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)

....dentify the place of occurrence. He further submits that prosecution tried to prove the case against the appellant by a number witnesses who were highly interested. P.W. 2 admitted that he had a very good relation with the victim and his mother, brothers and sister, which proves that he was an inter......m succumbed to the injuries. 3. The Investigating Officer after investigation of the case submitted charge sheet against the accused under section 302 of the Penal Code. 4. Thereafter, the case record was transmitted to the Court of learned Sessions Judge, Dhaka. Then the case was sent to the ...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 73

Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)

....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ..

Category: Property Law | Date: | Hits: 92

Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)

....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ...... disposal of the con­cerned learned Deputy Attorney General. But the Hon'ble Court was pleased to ask the learned Deputy Attorney General for the respondent to make submission upon going through the record available before the Court and accordingly the learned Deputy Attorney General made verbal su......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ..

Category: Property Law | Date: | Hits: 85

Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)

....he plaintiffs had been possessing the suit tank by rearing and preserving fish therein and by planting trees on the bank of the tank within the knowledge of the defendants. That the plaintiffs had no good relation with the pro forma defendant Nos.32-62 the descendants of Ali Hossain and as such they...... in short, is that the property in schedule to the plaint is a tank and the bank surrounding it which is popularly known as "Bureer Pukur". That in the Moghi Chitta Survey the schedule proper­ty was recorded as Taraf Syed Mohammad Arshad Kishmat Malik Rahman. That the owner of the Taraf being a res......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370...

Category: Property Law | Date: | Hits: 77

Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)

....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......use (b) of section 9 of Arbitration Act, 1940 provides; "(b) if one party fails to appoint an arbitrator, either originally or by way of substitution as aforesaid, for fifteen clear days after the service by the other party of a notice in writing to make the appoint­ment, such other party having..

Category: Alternative Dispute Resolution | Date: | Hits: 182

Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)

.... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......nd others. The instant Petitioner appeared before the High Court Division for compliance of the order and prayed for time to reply to the notice for showing cause. 3. It has been revealed from the record of the proceedings that original lessee of the concerned property, M.A. Mozaffor died on 23.0...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ..

Category: Others | Date: | Hits: 118

Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)

....stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ......a small quanti­ty as sample was sent for chemical exam­ination it cannot be said that only 500 mil­ligrams were recovered from the posses­sion of the accused appellants. 7. It appears from the record that the hero­ine measuring 700 grams was seized from the- passengers travelling in a motorc......stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ..

Category: Criminal Law | Date: | Hits: 80

Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

....eapons entered into the suit property forcibly on 16.09.1997 and evicted the plaintiffs and their men therefrom. They looted away the household articles worth Tk. 6,00,000/-, and also looted away the goods from 10(ten) family rooms and 13 (thirteen) shops in the suit property and took possession the...... of the auction pur­chased land was delivered on 20.01.1954 through Court. Ali Ahmed being in pos­session of the auction purchased land for more than 12 years got his name mutated in the government record and paid rents accordingly. S.A. Khatian No.197 and R.S. Khatian No.1248 were accordingly pre...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...

Category: Property Law | Date: | Hits: 72

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......that the learned Judges of the High Court Division will be cautions and care­ful in future in the administration of jus­tice so that no such occasion may arise again. 12. There is no material on record to arrive at a conclusion that the decision was taken as per pressure of the Government. If t...... examination as per the result published vide the Press Release No. Bashokosh/B C S 27(2005)/Result (Confidential)-1/2007 issued by the Bangladesh Public Service Commission should be appointed in the service of the Republic in order of merit in their respective cadres. (2) The persons who have a..

Category: Constitutional Law | Date: | Hits: 247

AKM Mizanur Rahman and others Vs. The Chairman and Adminis­trator, Chittagong Municipal Corporation and others, 1991, 20 CLC (HCD)

....oceed with the construction on the aforesaid drain‑passage further. The rule is, accordingly, made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 331.......ion by any person can be made without previous sanction of an authorised Officer. Before us no sanction as required under section 3 of the Act has been placed by Respondents nor we find such from the record of this case. From Annexure‑C to the petition it manifestly transpires that the Chittagong ......oceed with the construction on the aforesaid drain‑passage further. The rule is, accordingly, made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 331...

Category: Property Law | Date: | Hits: 58

Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)

....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......t and order, the petitioners moved this Court in the form of a revisional application and obtained this Rule on the ground that the Court below failed to make proper appraisal of material evidence on record and thereby caused miscarriage of justice. 6. Mr. Mihir Kanti Mazumder, the learned Advoca......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..

Category: Property Law | Date: | Hits: 101

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......under Fatulla Police Station of Narayanganj District, which he acquired from his father Nurul Islam Khan by way of a registered deed of Heba-bil-Ewaz dated 23.8.2001. After so transfer he mutated the record in his name and has been paying the rents to the revenue office. All on a sudden Bangladesh S......to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 85

State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)

....ony of Nurul Hoque's mother that her son again came back to the hut and took away the muffler would be another circumstance because she was found to have been choked to death and a muffler would be a good instrument for strangulating her to death without any sound. Another strong corroborative ci......f Criminal Procedure to the High Court, is heard together and disposed of by this judgment. 2. This prosecution case is that the Sub‑Inspector of Police Abdul Hannan of Begumganj Police Station recorded a report on 10.6.88 at 15‑30 hours which was registered as PS Case No. 7(6)88, wherein it...... charge sheet against the accused under sections 201/109/364/302 of the Penal Code. In cross‑examination he stated that he did not know whether the previous investigation officer Hannan is still in service. He further stated that Hannan, Abdul Aziz, Abdul Malek, Ishaq Mia, Amin Ullah, Abdur Rashid..

Category: Criminal Law | Date: | Hits: 76

Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)

....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......appeal and as such she did not come forward to deny the solenama in question nor does she contest this appeal before this Court. Having regard to all these facts and circumstances and the evidence on record I find that Ganzer Molla and his wife who is respondent No.4 in this appeal, filed Title Suit......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ..

Category: Property Law | Date: | Hits: 88

Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)

.... The executing Court is fully empowered to pass an order of civil imprisonment directly when no auction sale is possible to be held for any reason [see 15 MLR (AD), 96]. By now it has been settled in good number of cases that a show cause notice under Order XXI rule 37 the Code of Civil Procedure is......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 84

Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

....he light of the explanations to be furnished by the accused party. A safeguard would thus be provided against carelessness or ignorance, though the authority, according to its own light, be acting in good faith. 14. The information regarding commission of widespread malpractices and corruption in...... lawful authority and the same are of no legal effect. In the result, both the Rules are made without however any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 292....... lawful authority and the same are of no legal effect. In the result, both the Rules are made without however any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 292...

Category: Others | Date: | Hits: 153

Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)

....ve any notice of the revision case as the notice was fraudulently suppressed and there was also misrepresentation of facts before the High Court Division. The petitioner further submits that he had a good ground in the revision case and a fair chance of success in the same. 4. Mr. Abdul Huq the l......scertained that the notice was served on the opposite party. The learned Advocate further submits that the matter having been placed before the Court, Mr. Justice Abdul Bari Sarker, on perusal of the records and hearing the learned Advocate appearing for the petitioner, on being satisfied passed the......was ever served upon the plaintiff opposite parties in the revision case. There appears to be simply a report of the District Judge, Kushtia, that oil search of ‘khatapatra’ it appears that after service of notice in the Civil Revision, service return was sent to the Honourable Supreme Court, Hi..

Category: Property Law | Date: | Hits: 90

Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)

....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......y person belonging to the minority community, but the plaintiff started possessing the suit land continuously and without any interruption from any quarter. The plaintiffs further case is that the CS record, in respect of the suit land was wrongly prepared in the name of the Government and that one ......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ..

Category: Property Law | Date: | Hits: 74

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)

....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......Publications Ltd. presently, New Nation Printing Press, 1 RK Mission Road, Dhaka under sections 54 and 55 of the Ordinance in the Second Labour Court, Dhaka stating, inter alia, that he joined the service of the New Nation Publications Ltd. under the petitioner on 1-9-1978 on daily basis and the..

Category: Labour and Industrial Law | Date: | Hits: 147

Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......rict Anti-Corruption officer Chittagong reported in 1996 BLD (AD) 220 = 2 BLC (AD) 78 referred to by Mr. Md. Khurshid Alam Khan, we hold that although permission was accorded to deposit the connected record in respect of the defalcation of Government money to the tune of Taka 30 crore by several imp......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ..

Category: Anti-Corruption Laws | Date: | Hits: 200