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Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351....... from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......ion of the accused in the commission of the offence, no conviction can be passed on the basis of surmises or any other hypothesis. Hence, the appellant is entitled to acquittal. 20. Next comes the question what will happen to the other accused persons who were tried in absentia and convicted and ..Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410.......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410.......'s records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410.......nal bleeding and septicemia which was ante mortem and the nature of death could be ascertained by the circumstantial evidence. So we do not find any definite opinion as to the cause of death. Now the question calls for our considerations, how far the prosecution could prove the complicity of the app..Category: Criminal Law | Date: | Hits: 55
.... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405.......sued at the instance of the petitioner calling upon the respondents to show cause as to why they should not he directed to remove the unauthorized pole of electric overhead line from the petitioner's land situated at Police Station Savar. Dhaka Collectorate, Touji No. 1131, Union/ToujiU2, JL No. 566......nsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405.......Annexure- E) by the Cantonment Executive Officer, Savar Cantonment, Dhaka.
3. Being aggrieved by the conduct of the respondents for not removing the unauthorized pole from the petitioner's land in question, the petitioner was compelled to file the writ petition before this Court and obtained the ..
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....e pronounced by the lack of oral evidence in particular adduced in favour of such execution. Moreover, the trial Court found that no witness was examined as to the fact of the transfer or delivery of possession of the subject matter of the alleged gift to the defendant No. 1, nor was there any evide......ed Other Class Suit No. 46 of 1996 for a declaration that the Hiba-bil-iwaz deed No. 3715 purported to be executed and registered by one late Haji Anfar Uddin on 21-9-1992 in respect of 6.43 acres of land is void, fraudulent, collusive and not binding upon the plaintiff. It was stated, inter alia, t......Abdul Mannaf and others………………………..Opposite Parties. Judgment May 10, 2006. Cases Referred to- Gangamoyi Debi Vs. Troiluckhya Nath Chowdhwy, 33 Indian Appeals 60; Risal Singh Vs. Monohar Lal, AIR 1927 Lahore 748 at page 750, A Rahman Vs. A Rahim Gazi, 35 DLR 132; Rashid......at the registration proceedings were regular and honestly carried out. In this regard, that Court further noted pertinently that from the plaint it is evident that though the plaintiff has raised questions about the fact of execution of the deed she has not raised any specific objection as to th..Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
.... Settlement Officer, Jessore vide his memo dated 25-7-2000 asking him to submit a detailed report in respect of the case land. Thereafter, upon an inquiry respondent No. 4 was found to be in physical possession of the case land. The Zonal Settlement Officer, Jessore accordingly, sent the report to t...... declared to have been made and passed illegally and without lawful authority and to be of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, may be put thus: That 0.54 acres of land of DP Plot No. 3539 of 4532 of DP Khatian No. 975 of Mouza Sannayasgachi, PS Keshobpur District......and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397.......cate appearing for the respondent No. 4 and perused the writ petition, affidavits-in-opposition filed by the respondent Nos. 1 and 4, the impugned orders and the Annexures filed therewith. 10. The question to be decided in this case is, whether the Director of Land Records and Surveys was legally..Category: Property Law | Date: | Hits: 62
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......dge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......lained of does not amount to an offence, the so-called plea of guilty is no more than an admission on the part of the accused that he had committed that act which is alleged to be an offence. But the question whether the act complained of does or does not constitute an offence according to law is ob..Category: Criminal Law | Date: | Hits: 51
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....disputed Khatian No. 1247 of 1977, Golam Nabi Sowdagar mortgaged 1.60 acres of land in favour of Abdus Salam and Nurul Islam by a registered mortgaged deed dated 7-5-1962, who were friends of him but possession was not delivered to them; that during old age of Golam Nabi Sowdagar his son defendant-o......y, the suit was transferred in the Second Court of Joint District Judge, Cox's Bazar wherein it was re-numbered as Partition Suit No. 39 of 1999. 3. The plaintiffs case, in brief, is that the suit land originally belonged to Golam Nabi Sowdagar from whom she inherited her respective share in the ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Abu Taher Masud and others.................................Opposite Parties. Judgment May 16, 2006. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman, 31 DLR (AD) 133; Nur Banu Vs. Noo......itioner. Omar Farook, Advocate—For Opposite Party No. 1. Civil Revision No. 2315 of 2004. Judgment Syed Md. Ziaul Karim J. - This Rule, at the instance of plaintiff-petitioner, calls in question the legality and propriety of the order dated 24-4-2004 passed by the learned District Judg..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....ssessor of the case land and he has constructed a tin-shed house where he is dealing grocery business in the name and style as "Ekata Trading". The opposite-parties have no right, title, interest and possession over the land and structure therein. The opposite-party intended to take rent of the said...... of learned Magistrate, 1st Class, Sadar Chittagong under section 144 of the Code of Criminal Procedure against the opposite parties stating that the petitioner is the owner and possessor of the case land and he has constructed a tin-shed house where he is dealing grocery business in the name and st......t ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......f he considers that it is a case of emergency immediately after drawing up proceeding under section 145 of the Code of Criminal Procedure. Such majority view was upheld by the Appellate Division. The question arises before us now that whether this Court in exercise of power of jurisdiction of 561A o..Category: Criminal Law | Date: | Hits: 55
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
.... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ......n though Artha Rin Execution Case No. 8 of 2002 from the Court of Artha Rin Adalat No.1 Rangpur. On a persual of the schedule of the complaint it appears accused petitioner mortgaged several acres or land to the Bank. In 1990 BLD (AD) 141 it has been decided that if it is found to be disclosed civil......pur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ...... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ..Category: Criminal Law | Date: | Hits: 46
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......e without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......respondent No. 2 from the service in compliance with all the provisions of law and that it is apparent from the impugned judgment and order that the Labour Court below (respondent No. 1) also did not question as to the veracity of the domestic inquiry but questioned only on the authority of the Assi..Category: Employment/Service Law | Date: | Hits: 67
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......ion of their manufacturing business in the beginning of 1945 and gradually extended their business to most of the countries of the world i.e. Indonesia, Malaysia, Singapore, Taiwan, China, Korea, Thailand, Japan including erstwhile Pakistan. The opponent gives wide and extensive publicity of their t......of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......dents. Trade Marks Appeal Nos. 51-52 of 2001, 11-12 of 2002 and 5 of 2004. Judgment Md. Abdul Wahhab Miah J. - In all these appeals the appellants being the same and similar facts and common questions of law being involved, have been heard together and are being disposed of by this single j..Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......ch of this Court in the case of Kawsar-un-Nessa and another Vs. State reported in 1995 BLD 21 to be an illegality vitiating the trial. We fully agree with the view taken in that case. 25. Now, the question is, whether the entire trial has been vitiated because of the non-compliance of section 6 i..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......irst Court, Mouivibazar, for partition of his 2/3 rd share out of 2.782/3 acres in the schedule properties. 3. The case of the plaintiff, in short, is that Babu Ram Singh was the owner of the suit land who died leaving 4 sons, namely, Brojadhon, Kunjaya, Raja Singh and Nimai Singh as his heirs; t...... LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......at Raja Singh and Kunjaya Singh had equal share of the land of Babu Singh. He lastly submits that the plaintiff may go for separate saham of 1/3 rd share out of 342 decimals of land. 18. The moot question that calls for our determination in this revisional application is, whether the learned Dis..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....lkuti.' PW 4 is Motahar Rahman Khan. He stated that he did not depose on the points of suppression of summons. However, he stated that the suit building belongs to the plaintiffs and defendant had no possession therein. The relevant evidence for the purpose of disposing of this appeal is of DW 7. DW...... is void, illegal and not binding upon the plaintiff as it was obtained by non-service of summons and notices upon the defendants of Other Suit No. 105 of 1983. It was further continued that the suit land appertaining to Khatian No. 472 plot No. 6742 measuring an area of 15225 acres out of 34250 acr...... cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......fia Begum and others reported in 42 DLR (AD) 285 wherein it was held—it is obligatory upon the process server to mention in his report the name and address of the person if any by whom the house in question was identified and in whose presence the copy of summons was affixed. The learned Advocate ..Category: Property Law | Date: | Hits: 83
.... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343....... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343.......en passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343.......minate any of its employee's services and denies that the said order was passed to circumvent the interim order of stay passed by this Court. The learned Advocate further submits that a worker cannot question the legality of an order of termination without complying with the requirements of filing a..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....ring into the case land which was ultimately converted to a Miscellaneous proceeding under section 145 of the Code of Criminal Procedure and at the time of adducing evidence for ascertaining physical possession in the land in question the petitioner filed a Kabala Deed No. 7627 which was alleged to ......istrate to draw proceeding against the 2nd party Abdul Ahad and others under section 144 of the Code of Criminal Procedure with a prayer to restrain the accused-petitioner from entering into the case land which was ultimately converted to a Miscellaneous proceeding under section 145 of the Code of C......ong with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......ich was ultimately converted to a Miscellaneous proceeding under section 145 of the Code of Criminal Procedure and at the time of adducing evidence for ascertaining physical possession in the land in question the petitioner filed a Kabala Deed No. 7627 which was alleged to have been forged and fabri..Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
.... No. 1; that defendant No. 1 Shamsun Nahar deposed in the suit on 22-9-2000 as PW 1 and she died on 8-12-2002. 4. The suit was filed for declaration of title and it was amended for confirmation of possession and partition. 5. The deposition of PW 2 was started on 5- 10-2000 and ended on 16-5-2......shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......at the documents admitted in evidence do form part of the record of the suit which cannot be struck off lightly; that cause of delay was exceptional in nature; that the particulars of the exhibits in question were given in the written statement and, as such, the revisional application is liable to b..Category: Property Law | Date: | Hits: 131
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......Hossain Howlader (since deceased) as plaintiff filed Title Suit No. 285 of 1971. in the Court of the Subordinate Judge, Barisal for declaration of title against the opposite parry Nos. 17-22 over the land described in the schedule of the plaint contending, inter alia, that one Omesh Chandra Hajra, t......eipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......fendant No. 5 is entitled to file the appeal against the decree passed against the defendant No. 5 by reason of section 146 of the Code of Civil Procedure. That the rejection of the memo of appeal in question was made not in accordance with law and thereby caused miscarriage of justice to the petiti..Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....was a monthly tenant under him in respect of the suit premises under a renewable agreement of tenancy for a period of 2(two) years which expired on 30-4-2003. The plaintiff-petitioner, however, is in possession of the suit premises by holding over by paying rents through the House Rent Controller in......ver, is in possession of the suit premises by holding over by paying rents through the House Rent Controller in House Rent Case No. 25 of 2003 since the defendant-opposite party applicant, who is the landlord, refused to accept the rent tendered and later sent by post by him. The defendant-opposite ...... Md. Ramzan Khan, Advocate—For the Petitioner. Sk Md. Morshed, Advocate—For the Opposite Party. Civil Revision No. 1780 of 2004. Judgment Md. Abdul Aziz J. - This Rule has been posted in the list for hearing on the prayer of both the sides on maintainability of the same on the applic......arties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144. But shall not include (a) any adjudication from which an appeal lie..Category: Procedural Law | Date: | Hits: 90
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ...... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......f the said. Nari-o-Shishu Nirjatan Daman Ain, 2000 as amended and started Nari-o- Shishu Nirjatan Daman Case No. 263 of 2005 against accused Amin Uddin. 11. Learned Advocate now raises a pertinent question that said report dated 7-9-04 by officer-in-charge, DB Brahmanbaria about the matter can ne..Category: Criminal Law | Date: | Hits: 48
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