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MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

....s or false statements or un­true statements may be made in the written statements and also there may be some forged documents may be produced in support of such written statement, but it is cardinal principle of law and has been established by all the Superior Courts that plaintiff has to prove his...... serial No.7849 was retained with RAJUK. In 1964 he joined Eastern Housing Ltd. and after constructing some construction on the allotted plot, he let out it to different organizations i.e. Agency for International Development, Mr. DM Franking and Alippene oft, Mr. Lloy F. Gonyea, Mr. MM Abu Zeiad of......(AD)169; 4 MLR (AD) 1; 11 MLR (AD)119; 56 DLR (AD)117; DLR (AD) 117; 12 MLR (AD) 105; 31 DLR (AD) 219; 38 DLR 39; 16 DLR 272; 46 DLR (AD) 148; 2 XP (AD) 194; AIR 1966 (SC) 1072, 14 MLR (AD) 52-55. Lawyers Involved: Fida M Kamal with Mohammad Ali Akand, Advocates—For the Appellant. (In First ..

Category: Property Law | Date: | Hits: 100

State Vs. Shahin and others, 2010, 39 CLC (HCD)

....nces the prosecution failed to prove that victim Biplob had the physically capable to make any statement such as, dying declaration after receiving the serious bleeding injuries. It is by now settled principle of law that to act upon a dying declaration, the Court has to see whether the victim had t......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. ....... State, 15 BLD 290; Safdar Ali Vs. Crown, 5 DLR (FC) 109; Marbans Singh Vs. State of Punjab, AIR 1957 (SC) 637; Ram Singh Vs. Sonia, (2007) 3 SCC and Bangladesh Vs. Yakub Sardar, 40 DLR (AD) 246. Lawyers Involved: Farhad Ahmed, Deputy Attorney-General with Md. Nurul Hoque, Assistant Attorney-..

Category: Criminal Law | Date: | Hits: 76

Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)

.... acquired right, title and interest in the ‘A’ Schedule property by adverse possession too. The defendants and their predecessors‑in‑interest have no right, title and interest therein and the principle defendants are liable to be evicted from 'B' schedule of the suit property. 5. The suit......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....... uddin Sarker J Kazi Ebadul Hoque J Shah Alam and others............................Appellants Vs. Masuma Khatoon and others....................Respondent Judgment June 17, 1993. Lawyers Involved: SM Monir, Advocate ‑ For the Appellants. BK Das, Advocate ‑ For Responde..

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. ......dra Kumar Sinha J Most. Shamsunnahar and Others……………………Appellants Vs. Abdul Mannan and Others……………………………….Respondents Judgment May 26, 2010. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-..

Category: Property Law | Date: | Hits: 49

Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)

....ayer and pass necessary order for compromise. 10. According to Dicey, Judges are not allowed to decide a case on the basis of whatever they consider just or fair. They are constrained by 'definite principles of law' and by binding precedent. To avoid an arbitrary discretion in the Courts, Hamilto......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.......td. and Others …………Respondent (In Civil Appeal No.48 of 2006) Doctor J. H. Gazi and Others……………………Respondent (In Civil Appeal No.49 of 2006) Judgment June 1, 2010. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-o..

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.  ......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.  ......Alam............Convict-appellant. Vs. The State.....................Respondent Judgment October 11, 2010. Cases Referred to- Gaziour Rahman Vs. The state, 10 B.C.R at page 236. Lawyers Involved: No one appears - For the Appellant. Farhad Ahmed, Deputy Attorney General- F..

Category: Criminal Law | Date: | Hits: 56

Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)

....s general, [see page 289 Maxwell on The Interpretation of Statutes, 12tn edition]. "A statutory term is recognized by its associated words. This latin maxim 'noscitur a sociss' states this contextual principle, whereby a word or phrase is not to be construed as if it stood alone but in the light of ......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.......site party Judgment: May 11, 2011. Cases Referred to- Rahit Pulp Paper Mills Vs. Collector of Central Excise, AIR 1991 SC 754; Indu Bhushan Chatterjee Vs State, AIR 1955 Calcutta 430. Lawyers Involved: Yousuf Hossain Humayun, Senior Advocate with Md. Khairul Alam, Advocate - For t..

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....... 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........ Delwar Hossain J Wahed Ali............................... Petitioner Vs. Sona Mia being dead his heirs Md. Lai Miah and others..........Opposite parties Judgment October 13, 2009. Lawyers Involved: Sarder Abul Hossain, Advocate - For the Petitioner. No one - For the Opposit..

Category: Property Law | Date: | Hits: 91

Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)

....itted no error or illegality in his finding as such the finding and decision in reversing the Judgment and decree of the trial Court calls for no interference by this Court. 13. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure......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.......l Karim and others, 20 DLR (SC) 206; Khurshid Ali and others Vs. Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Sana and others Vs. Niron alias Niranjan Mondal and others, 17 BLD (AD) 295. Lawyers Involved: Md. Ali Reza with Salim Reza, Advocate - For the Petitioners. Abul Kalam Pat..

Category: Property Law | Date: | Hits: 72

HM Ershad Vs. The State, 1992, 21 CLC (HCD)

....cord of the case and documents connected therewith. Though the cases referred to above relate to the framing of the charge under the provision of section 250B Cr.P.C. we are of the view that the same principle is applicable to a case for framing charge under sections 241A and 242 which correspond to......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. ......ion and another, 44 DLR (AD) 215; Waris Mea Vs. State, 9 DLR (SC) 117; State of Madhya Pradesh Vs. GC Mandaran, 1954 AIR (SC) 493; 36 DLR 231; Sultan Mahmudul Hossain Vs. State, 1985 BLD (AD) 323. Lawyers Involved: Moudud Ahmed with Md. Azizul Huq Advocates ‑ For the Petitioner. Aminul Hu..

Category: Criminal Law | Date: | Hits: 286

Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ...... Case Referred to- Aftaf Hossain Vs. Abdul Quashem, 45 DLR (AD) 53; AFM Rashid Vs. The Election Commission and others, (1991) 11 BLD (Ad) 289; Abdur Rouf Miah Vs, Fazlur Rahman, 43 DLR (AD) 23. Lawyers Involved: Dr. Rafiqur Rahman, Advocate ‑ For the Petitioner. Abdul Baset Majumder, A..

Category: Election Law | Date: | Hits: 122

Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)

....petitioners’ claim that they are necessary and proper parties the leaned Advocate has cited the cases of Mst. Jahanara Begum Vs. AL Md. Shamsul Haque reported in 27 DLR (AD) 129in which the general principles of who is a necessary party has been discussed. 9. Mr. SK Sinha, the learned Advocate ...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......38; Nurul Akbar and others Vs. Saifur Ahmed and others, BSCR 1979 page 3; Moyenduddin Mondal Vs. Sushil Kumar Kundu & others, PLD 1960, Dhaka, 734; Ahmed Hussain Vs. Zakia Khatun, 20 DLR 1157. Lawyers Involved: Mamtazuddin Ahmed with Saifuddin Ahmed Chowdhury, Advocates ‑ For the Petitio..

Category: Property Law | Date: | Hits: 50

Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)

.... we take up the question for consideration as to whether the impugned judgment and order of conviction and sentence should be quashed or not, it will be necessary to see the extent of power, scope, principles and categories of cases in which High Court Division may invoke its power and authority u......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. ......R (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) (1997) 44; Sher Ali (Md.) and others Vs. The State, 46 DLR (AD) (1994) 67; Asiman Begum Vs. The State, 51 DLR (AD) (1999) 18. Lawyers Involved: Subash Chandra Saha, Advocate-For the Petitioners. (In both cases) Monjur Ka..

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. ......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. ......njit Sarker and others Vs. Sree Sukhendu Bikahs Biswas and others, 17 BLD (AD) 58; Hussain Ahmed Chowdhury alias Ahmed Hussain Chowdliury and others Vs. Md. Nurul Amin and others, 47 DLR (AD) 162. Lawyers Involved: Abu Siddique, Advocate-on-Record-For the Petitioners. Not represented-the Re..

Category: Property Law | Date: | Hits: 94

Managing Director, Dhaka Power Distribution Company Limited and another Vs. Borhanuddin Bhuiyan and others, 2009, 38 CLC (AD)

....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.......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.......wer Distribution Company Limited and another……………………...................Petitioners Vs. Borhanuddin Bhuiyan and others…........Respondents Judgment December 10, 2009. Lawyers Involved: M. Amir-ul Islam, Senior Advocate, instructed by Mahmuda Begum, Advocate-on-Rec..

Category: Employment/Service Law | Date: | Hits: 62

Nurun Nahar Khan Vs. Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others, 2009, 38 CLC (AD)

.... 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....... 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.......¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Monsur Rahman being 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 Hoss..

Category: Property Law | Date: | Hits: 70

State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)

....udes sub section (f) and also the related supplementary section 19A of the Arms Act 1878. Unless such a determination is made by the trial court, this court holds that any contravention of such vital principle of trial shall definitely, vitiate the trial." The learned Judges further noticed "The pet......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. ......BK Das J The State………………………………………………….Petitioner VS. Md. Monwar Hossain Dipzol………………………Respondent Judgment December 15, 2009. Lawyers Involved: A.K.M. Zahiml Haque, Additional Attorney General instructed by Mrs. Sufia Khatu..

Category: Criminal Law | Date: | Hits: 67

Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ..............................................Petitioner Vs. Adamjee Jute Mills Ltd................................Opposite Party Judgment August 26, 2010. Case Referred to- 7 MLR 132. Lawyers Involved: A. K. M. Shafiuddin with Binod Kumar Agarwal, Advocates………..For the Petit..

Category: Civil Law | Date: | Hits: 97

Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)

....d as parties in the suit." 7. To the same effect is the decision in Ujjal Hossain and others Vs. Firoja Khatun & others, 41 DLR(HD) 481. 8. Judging the facts of the case in the light of the principle enunciated in the abovementioned cases I am of the opinion that the learned Subordinate Ju......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156....... Gazi & Ors. Vs. Enbar Gazi & ors., 22 DLR 500; Ujjal Hossain & ors. Vs. Firoja Khatun & ors., 41 DLR 481; Mohomedally Tyebally and others Vs. Safiabai and others, AIR 1940 PC 215. Lawyers Involved: Mohammadullah with Mohammad Ismail, Advocates‑For the Petitioners. No oneâ..

Category: Civil Law | Date: | Hits: 93

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....or etc. and in pursuance of the policy the lease of the petitioner was not renewed. The court held, on facts of that case, that although they did not pay the full amount of fee and premium but on the principle of equitable estoppel the Government was resisted to act against the interest of 1he petit......s, that the lands belong to the Armed Forces of Bangladesh and are managed by the Directorate of Military Lands and Cantonment. As 3.28 acres of land are required for the purpose of parking space for International Conference Centre and as it was necessary to resume it accordingly, the petitioner was......nce Corporation Vs. A.A. Merril and N.D.Meffil, 332 US 379; Howell Vs. Falmouth Boat Construction Co. Ltd. (1951) A.C. 837; Excise Commissioner U.P. Allahabad Vs. Ram Kumar, (1976) (supp) SCR 532. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates ‑For the Petitioner. Abd..

Category: Property Law | Date: | Hits: 92