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Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......possessed the suit land, that the Government is the owner of the suit land and it has been correctly recorded in the name of Government in the RoR, that 2.53 decimals of land of plot No.7364 was recorded in the name of Azizul Huq Bhuiyan and others in pursuance of a decree of Title suit No.249 ...... with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......of section 386 even if the offender has undergone the whole of such imprisonment in default of payment of fine the Court may issue such warrant to recover the remaining fine for special reasons to be recorded in writing. 20. Mr. AFM Hasan Ariff, the learned Advocate as the Amicus Curiae, has plac......erned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......atement which was done. On the prayer of police she was put to safe custody at Mohila-O-Shishu Kishori Nirapad Abason, Farhadabad, Hathajari, Chittagong on that date. The victim girl in her statement recorded under section 22 of the Nari-O-Shishu Nirjatan Ain, 2000 stated inter alia that she was 18 ......ficer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
.... this stage it cannot be said that there is no requisite qualifications for the aforesaid posts when they have worked for more than 8 years continuously. He further submits that the respondent no.1 wrongly found that the petitioners were not appointed on causal basis against permanent posts as i......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ...... copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......s or accomplices. He visited the place of occurrence after 10 days of the alleged recovery, although the law requires that the witnesses should be examined and their statements, if necessary, be recorded in relation to a fact which is so fresh in the mind of the narrator that he may be assumed ...... be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......ustified in rejecting the petition for amendment of the plaint. The order having suffered from gross illegality and legal infirmity cannot be sustained in law. 12. Before parting an observation is recorded: Title Suit in hand had been instituted oil 14.8.1986. Petition for amendment of plaint app......tely after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)
....nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......rmant stated the age of his daughter Mahabuba Delwar to be 15 years which is supported by birth certificate dated 24.4.2003 and S.S.C registration card of Mahabuba Delwar wherein her date of birth is recorded as 14.12.1990. It appears that after abduction, marriage of victim Mahabuba Delwar with acc......e decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ..Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24
Ershadul Vs. State, 2006, 35 CLC (HCD)
....ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......tion case affects credibility of the witnesses and complete departure makes their testimony to be entirely discarded. Any departure or deviation from the main story disclosed at the earlier recorded version, may be looked upon with great suspicion……………(17...... records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......ff is that the suit land appertaining to C.S. khatian No.1 of Mouza Darigachha under P.S. and District-Bogra originally belonged to landlord Bimalendu Roy Bahadur. During C.S. operation, the land was recorded in C.S. Khatian No.1 in his name. But in the remarks column of the khatian the suit land wa......h a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ...... 2. The plaintiff filed the suit for declaration of title to the suit land and for permanent injunction therein. 3. The case of the plaintiff is that the suit land appertaining to C.S. khatian No.1 of Mouza Darigachha under P.S. and District-Bogra originally belonged to landlord Bimal..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......ned order of dismissing the complaint petition under section 27 of Nari-O-Shishu Nirjatan Daman Ain, 2000 was without jurisdiction as well as without lawful authority and the depositions of witnesses recorded by the Magistrate during enquiry clearly proved that there are prima-facie evidence against...... Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......laid down a period of 90 days for conclusion of trial with a further provision in Sub-section (3) of section 20 to conclude the trial within an extended period of thirty more days for reasons to be recorded in case of failure of the trial court to conclude trial within the first ninety days as fix......is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......course made above the inevitable conclusion is as follows: A. Criminal Appeal No.836 of 2004 got merit. It succeeds and it accordingly stands allowed. B. Judgment of conviction and sentence recorded upon convict-appellant by Nari-O- Shishu Nirjatan Daman Tribunal. Comilla in Nari-O- Shishu......shed by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....e custody of her lawful guardian(father) without his consent and then committed rape upon her. Thus the appellant committed the offences under sections 9(kha) and 6(1) of the Ain. But the Court below wrongly convicted him under section 9(ga) with section 6(1) of the Ain. The appellant ought to have ......he Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Patuakhali against the appellant and his second wife. The Judge of that Court took cognizance of the alleged offence against the accused and a case was recorded. As per direction of that Court the victim was examined by a medical board. In that case ch......ith a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... 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: 13 MLR (HCD) (2008) 291. ..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....and she herself resided in the house and thus she has been enjoying the suit property. 4. It is further stated in the plaint that after the liberation of Bangladesh, the suit property was wrongly treated as abandoned property and the same was vested in the government and that the d...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. .......Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prove contract between the plaintiff and the defendant and whether the p...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....ed by limitation and the last submission that the courts below after considering Ext. found that the suit properties were not Debuttar at the relevant time and the High Court Division acted wrongly in revision in reopening the evidences and came to a wrong finding that the suit property wa......emple situated in a portion of the suit land. The suit land was dedicated for establishment of the deity and also for performing the Sheba Puja and other religious ceremonies. The suit land was recorded as such in her name in the C.S. record of rights as debatter properties. The plaintiff has ......t. Ed. This Case is also Reported in: ......lands of mouza Daulatpur and Kirtibashdi were taken in its possession by the Government under section 92 of the State Acquisition and Tenancy Act and were accordingly recorded in the newly prepared khatian No. 1 as khas land and the said land was settled with him and one Shafiuddin Ahmed in Sett..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
.... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ......and adducing evidence. The appellant had not made any intimation to the Registrar in writing that the opponent does not desire to adduce any evidence in support of the opposition. No finding has been recorded by the Tribunal that the opponent having failed to adduce evidence and to take action withi....... This Case is also Reported in: 61 DLR (HCD) (2009) 758. ...... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229....... and other facts and circumstances of the case, the learned Trial Judge arrived at a finding that the prosecution succeeded in proving the charge against the accused Maku Rabi Das and accordingly, he recorded the impugned order of conviction and sentence in the manner already stated above. 8. B......ented by National Legal Aid. Death Reference No.105 of 2003 with Jail Appeal No.611 of 2003. Judgment Khondker Musa Khaled J. - This is a reference under section 374 of the Code of Criminal Procedure, made by the learned Additional Sessions Judge, Habiganj, for confirmation of death s......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....view that the prosecution failed to prove beyond all reasonable doubt that the appellants stabbed the deceased to death. So as benefit of doubt they are entitled to get acquittal. The Court below wrongly convicted them. The impugned judgment and order, therefore, is liable to be set aside. The ...... 21. P.W.16 S.I. Abdul Aziz Miah, the First Investigating Officer, deposed that Habibur Rahman, the officer-in-charge of the Police Station, on the basis of the verbal statement of the informant recorded the Case. He proved the ejahar written by Habibur Rahman. He taking up investigation of th...... this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
....desh Gazette a notification under section 5(7) of the said Act. That is all the learned judges could have done in exercise of their jurisdiction but then the learned judges of the High Court Division wrongly exceeded their jurisdiction in assuming the executive functions of the officials directing r......sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
......ervation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
......sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......ve we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......vil Appeal No. 20 of 1996 filed the aforesaid suits seeking the common relief i.e. declarations that excavation of the canal in the land measuring 35.99 and 45.98 acres of plot No. 267 listed in khatian Nos. 149 and 1028 respectively and the acquisition of the said land was illegal. It may be m..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
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