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State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......rief, is that one Abdus Salam, husband of Most. Nasima Khatun (P.W.1) was an employee in a Sugar Mill and on 28-6-1993 at about 7-30 AM he was going to the said mill and while reached in front of the land of one Kaimuddin Mondal, condemned prisoner Khosbar Ali dealt him indiscriminately hasua blows ......ransferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......nd that there was no dispute amongst the brothers and that she was not exactly aware as to why Khosbar killed her husband. She denied the suggestion that Khosbar did not kill her husband. In reply to question put by the court she stated that at the time of deposing she had been residing in her fathe..Category: Criminal Law | Date: | Hits: 62
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....,050.00. Since the submission of the tender the plaintiff was not informed about the fate of his tender. Suddenly by a Notice dated 29-6-1986 the plaintiff and other occupants were asked to surrender possession of their respective tenanted portion of the said holding to the Superintending Engineer, ......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......ction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J United Commercial Bank Ltd……………Defendant-Appellant Vs. Rahimafrooz Batteries Ltd. and others……………….Plaintiff-Respondents Judgment February 23, 2000. Case Referred To- Shyamakant Lal Vs. Ramb......es. 6. The defendant Nos. 1 and 2 and the defendant No.3. filed two separate sets of written statements denying the claim of the plaintiff. It is stated that according to the rules the property in question was sold through tender and the highest offer given by the defendant No.3 was accepted by t..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....msul Huda, the learned Advocate appearing for the purchaser respondent No.2, tried to argue that the BSB authority accepted his tender and bid money from his client but for the rule and order of stay possession of the vessel cannot be handed over to the purchaser. 19. In view of the facts and cir......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......ing to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Abdur Rashid Sarder Vs. Md. Chandullah Sardar and others, 2010, 39 CLC (HCD)
...., therefore, this rule is also liable to be discharged. Accordingly, the Rule is discharged for default. Send down the Lower Court Records immediately. Ed. This Case is also Reported in: ......his manner of keeping the rule undisposed of for years together. It appears that this rule as arisen out of the partition suit and the trial court decreed the suit allowing Saham of .0818 Ajutangshaw land in the Saham of the plaintiff out of his prayed 0.9 decimals of land. But, being dissatisfied, ......(Civil Revisional Jurisdiction) Present: AFM Abdur Rahman J Md. Abdur Rashid Sarder………………Defendant-Appellant Petitioner Vs. Md. Chandullah Sardar and others ………..Plaintiff-Respondent-Opposite Parties Judgment July 12, 2010. Lawyer Involved: Nur Mohamm......, therefore, this rule is also liable to be discharged. Accordingly, the Rule is discharged for default. Send down the Lower Court Records immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 77
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....ion No. 2910 of 2003 and obtained Rule. 3. The fact of the case of the plaintiff-respondent-petitioner is that while the defendant No.2 Samala Bibi, wife of Safaruddin, was the owner in exclusive possession of 0.35 acres of land within the Suit C.S. Plot No.517, corresponding to R.S. Plot No.682......qul Islam Liton instituted the Title Suit No.159 1999 in the Court of Rupgonj Senior Assistant Judge, Narayangonj for declaration of his title in the suit property, measuring an area of 0.35 acres of land against the defendant No.1 Noor Mohammad, his mother defendant No.2 Mst. Samala Bibi, defendant......late Hazi Md. Abed Ali of Village-Technoadda, Post office- Poshi Bazar, Police Station-Rupgonj, District-Narayangonj…....................Petitioner Vs. 1. Noor Mohammad, Son of late Safaruddin alias Safaruddin 2. Samala Bibi, wife of late Safaruddin alias Safaruddin of Village-Goalpara......aint that he may do so through his assertive evidence which will be supported by the evidence of other P.Ws. Therefore, non adducing the evidence by the plaintiff himself has no adverse effect on the question of title of the plaintiff, as obtained through the title deed, and since the attesting witn..Category: Property Law | Date: | Hits: 74
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......hool on such date as may be specified in the notification. (2)On the date specified in the notification under sub-section (1)- (a) the primary school and all its assets and property, including lands, buildings and funds and all other rights and interests in, or arising out of, such property, ......nt No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......z, Advocate-For the Petitioner. Mujibar Rahman, Deputy Attorney General - For the Respondents. Writ Petition No. 12567 of 2006 Judgment AFM Abdur Rahman J. - This writ petition involves a question of public importance as to whether a primary school teacher being an employee of the Govern..Category: Employment/Service Law | Date: | Hits: 70
.... writ petition. Therefore this application merits no consideration.
In the result, the review application is rejected.
SM Emdadul Huque J. - I agree.
Ed.
This Case is also Reported in:
...... writ petition. Therefore this application merits no consideration.
In the result, the review application is rejected.
SM Emdadul Huque J. - I agree.
Ed.
This Case is also Reported in:
......nsideration.
In the result, the review application is rejected.
SM Emdadul Huque J. - I agree.
Ed.
This Case is also Reported in:
...... writ petition. Therefore this application merits no consideration.
In the result, the review application is rejected.
SM Emdadul Huque J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Procedural Law | Date: | Hits: 62
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ould, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......prosecution witnesses though were cross-examined, no suggestion was made to the effect that the victim died elsewhere, or that the appellant was not present in his house at the time of occurrence. No question to that effect was also put during their cross-examinations. More so, the appellant in his ..Category: Criminal Law | Date: | Hits: 58
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......his appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......Blood clot was also found present on the meninges and on the brain matter and those were ante-mortem and, as such, it is easy to presume that the death of Golapi was not a natural death. Now the moot question for determination is whether the accused respondent is responsible for the death of decease..Category: Criminal Law | Date: | Hits: 60
Abdul Alim Vs. State and Others, 2000, 29 CLC (HCD)
....gistrate drew up the proceeding under the above section and attached the property and appointed the officer-in-charge himself as receiver. It appears that another second party Humayun Kabir was in possession of holding Nos. 59 and 59/1 Purana Paltan though the proceeding was started in respect of...... learned Magistrate with a direction to ask the officer-in-charge to hand over the possession within 15 days from the receipt of the order. Ed. This Case is also Reported in: 52 DLR (2000) 616. ......Petitioner Vs. State and Others………………….opposite Parties Judgment July 13, 2000. Lawyers Involved: No one – For the Petitioner. SN Goswami - For the Opposite Party informant. Fazlul Haque Choudhury Assistant Attorney-General - For the State. Criminal Miscel...... learned Magistrate with a direction to ask the officer-in-charge to hand over the possession within 15 days from the receipt of the order. Ed. This Case is also Reported in: 52 DLR (2000) 616. ..Category: Criminal Law | Date: | Hits: 47
.... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614.......etitioners as representative of the adjoining nearby villagers in a representative capacity praying for a declaration that the construction of the school building of the defendants in any part of the land mentioned in the schedule to the plaint is illegal and void. He contended, inter alia, in his p......der as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614.......arding locus standi of the plaintiff or whether there was any cause of action for the suit are matters of evidence to be decided in the suit. The defendant-petitioners are at liberty to agitate those questions when the issues are framed.
I therefore, do not find any illegality in the order dated..
Category: Civil Law | Date: | Hits: 94
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....ough an amicable partition they got their respective shares demarcated. As a result the co-sharers had no right, title and interest in the case land; that Sanowar while in exclusive and uninterrupted possession of his share of the land died leaving behind two sons namely, opposite pasty Nos.7 and 8 ......n 24 of the Non-Agricultural Tenancy Act being Pre-emption case No.4 of 1987 in the Court of the Subordinate Judge, Moulavibazar contending, inter alia, that the case property (shop) along with other lands belonged to the predecessor in interest of proforma opposite parties Nos.7-20; out of the afor......tion) Present: MA Aziz J Syed Sad Ali………Petitioner Vs. Bidhan Chandra Dev and others……….Opposite Parties Judgment June 9, 1998. Cases Referred To- SM Basiruddin Vs. Zahurul Islam Chowdhury and others, 35 DLR (AD) 230; Chandra Ghose Vs. Mujibul Islam, 12 DLR ......nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ..Category: Property Law | Date: | Hits: 70
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....ant Judge, Kearniganj, Dhaka on 22.11.1995 praying for a decree of permanent injunction restraining the defendant/appellant/opposite party from dispossessing the plaintiff and disturbing his peaceful possession in the suit land alleging, inter alia, that the suit land comprised in C.S. Plot No.756, ......Dhaka on 22.11.1995 praying for a decree of permanent injunction restraining the defendant/appellant/opposite party from dispossessing the plaintiff and disturbing his peaceful possession in the suit land alleging, inter alia, that the suit land comprised in C.S. Plot No.756, measuring an area of 0.......Jurisdiction) Present: AFM Abdur Rahman J 1. Mohammad Ali, son of late Sebu Miah 2. Ambia Khatun, Wife of Mohammad Ali, both of village Pachdona, P.S. Keranigonj, District Dhaka……..Plaintiff-Respondent-Petitioners Vs. Noor Mohammad, Son of Late Kafiluddin of village-Nababercha......on 31.1.1996 in the suit land which are in existence from earlier. There is no suit land as alleged in the plaint and the plaintiffs were never in possession of the so-called suit land and as such no question arises to hand over the possession of the non-existence suit land to the plaintiffs. 7...Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......g cause of action at all.” 17. A similar view was taken in the case of Sarat Chandra Vs. Nirod Chandra reported in AIR 1935 (Cal) 405. It was held that where the plaintiff has a right to use the land on which certain sheds have been erected as a passage and those sheds are obstructing his passa...... petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......xure “C” to the Writ Petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The Facts in these petitions are similar and involve common question of law. The Rules are therefore being disposed of by a single judgment. 3. The facts for..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......ditional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ...... before us was absconding till submission of the charge sheet by the police on re-investigation of the case. He was arrested after submission of charge sheet against him…… There was apparently no question of discharge of the appellant from custody or from the case (para 4).” The facts of th..Category: Criminal Law | Date: | Hits: 56
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....2. Prosecution case, in brief, is that accused appellant was arrested on 15-4-1990 under section 54 of the Code of Criminal Procedure and on interrogation he admitted to have unauthorised arms in his possession and leading to his aforesaid admission police went to City College and in presence of wit...... earth by a shabal the accused Bilu himself brought out the revolver and ammunition and that there were 5-7 other persons before the police personnel and near the place of occurrence there was vacant land and at small distance houses were there. But at night he could not see the houses and that he d......, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593...Category: Criminal Law | Date: | Hits: 48
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
.... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......e time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......gedly inflicted upon the victim was of simple nature, the charge can be altered at any point of time, and whether the appellants or any of them had committed the offence as alleged in the ejahar is a question of fact, which can only be determined in due course of trial. Since there are specific alle..Category: Criminal Law | Date: | Hits: 55
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....etitioners as plaintiffs instituted a suit for perpetual injunction against the Government and its officials in Narshingdi on the averments inter alia, that they (plaintiffs) are the lawful owners-in-possession of the suit land, which is their only homestead. The defendants initiated L. A. Case No. ......s instituted a suit for perpetual injunction against the Government and its officials in Narshingdi on the averments inter alia, that they (plaintiffs) are the lawful owners-in-possession of the suit land, which is their only homestead. The defendants initiated L. A. Case No. 2/1996-97 for acquisiti......icate a copy of this judgment at once. Ed. This Case is also Reported in: ......ts do not produce documents in support of their case, they will face the legal consequence for withholding the documents, if those are relevant at all. But in a suit for perpetual injunction the moot question is whether the plaintiffs are in lawful possession over the suit land. In some cases the pr..Category: Property Law | Date: | Hits: 58
Abdul Baten Vs. State, 2011, 40 CLC (HCD)
.... the learned Special Tribunal, Dhaka after evaluating the deposition of the prosecution witnesses has come to a clear finding that the alleged phensedyls were recovered from the exclusive control and possession of the petitioner and as such convicted him. 10. On perusal of the impugned judgment a......e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......ergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
....y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......pur Police Station alleging inter alia that the father of the complainant, deceased Kayemuddin gave his neighbour Md. Azimuddin, son of Md. Abdus Sobhan a sum of Taka 40,000/- for the purchase of his land but the said Azimuddin did not execute and register the sale of the land concerned nor did he r......other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
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