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Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Referred To- Shorna Mehta Vs. Rajani, 1 CWN 55. Lawyers involved: Md. Haroon‑ar Rashid, Advocate-For the Petitioner. Not represented- the Opposite Parties. Civil Revision No. 691 of 1997.......nised as a kind of tenancy. A ‘Korfa' tenant was not necessarily an under-raiyat of a raiyat. He was a sub-lessee of a 'Talukdar' or of a raiyat. Such right was made heritable and transferable, sometimes subject to some conditions. 14. In India, 'Barga' system developed long before the Bengal T......d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....t High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Sharifuddin Chaklader J Saifuzzaman (Md.)……………………………….Petitioner Vs. State and others ……………………………….Opposite Parties Judgment August 4, 2003. ......ers Act, 1974, shortly the Act, had been made to the authority. The Chief Metropolitan Magistrate enlarged them on bail to be effective on 4‑3‑2002, if no detention order had been made in the meantime. They were, however, remanded to the judicial custody. In the meantime, the detenus were commun......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....pheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......l to its satisfaction". It has been stated that said order of the Court of the High Court Division was received and recorded by court below in the order sheet on 6‑3‑2003. But within four months' time as directed the trial of the case was not concluded. Accordingly, petition for bail was filed o......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......ed can be taken into consideration but cannot be treated as a substantive evidence and can be pressed into service in support of other evidences. PW 6 made confession rendering a disclosure of place, time, manner of crime and, also, brought about vivid disclosure of the specific parts played by cond...... PW37 Satara Begum, mother of Fatik, who, also, testified the fact of two telephone calls and departure of her son Fatik with Abdus Sabur and, also, demand of Taka 10,00.000 from them on condition of recovery of her son Fatik. 9. Fundamental decisions which weighed with learned Trial Judge in rec......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....ge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......plication on their behalf. On consideration of the application and the objection, the learned Joint District Judge was of the view that the suit was for partition and the decision in which might take time; that the question of title could be decided in the suit and that the property was admittedly a......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
.... ......f the facts and the admitted business agreement/contract, the proceeding initiated against the accused-petitioner for cheating cannot be said to be illegal inasmuch as the accused petitioner at the time of entering into an agreement/contract gave an undertaking that he will ensure payment of the c...... arose out of business agreement/ contract and the money became due out of business transaction no criminal proceeding would lie and the offence if any, is of civil liability for which civil suit for recovery of the money would lie. In the instant case though there is business transaction in between......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
.... Cases Referred to- Fazlur Rahman Vs. Rajab Ali and others 30 DLR (SC) 30; Aziza Nilufar Begum Vs. Jahanara Begum and another 3 BLC 117. Lawyers Involved: Md. Zakir Hossain, Advocate-For the Petitioners. Md. Golam Arshed, Advocate‑For the Opposite Parties. Civil ......and in view of the fact that in the instant suit issued had already been framed and the trial had already commenced, the question of valuation cannot be decided without deciding all other issues at a time. In support of his submission the learned Advocate for the opposite party referred to a case of......aintiffs instituted Title Suit No. 146 of 2000 before the Assistant Judge. Additional Court No.1, Dhaka seeking a decree for declaration of title, cancellation of deed, connection of record of right, recovery of khas possession and for permanent injunction, impleading the petitioners as defendants. ......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....ntendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......hana Begum-For the Informant-Added-Respondent. Criminal Appeal No. 1687 of 1996. Judgment AK Badrul Huq J.- Crime against a woman/girl in general and rape in particular is on spurt. Rape sometimes followed by death has become a regular episode. This is a disturbing phenomenon. Rape is an in......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....also Reported in: 51 DLR (HCD) (1999) 188.......Talukder grabbed him by hands when accused Alamgir Hossain gave Mobfer Talukder a dagger blow on his chest while accused Abu Talukder gave him laza blows on different parts of the body. At about this time informant’s daughter Minara tried to intervene when accused Moti, Tofazzal, Jahangir, Haider ......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188...Category: Criminal Law | Date: | Hits: 52
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....peal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......t and perused the appeal petition, first information report, charge‑sheet, confessional statement made by accused ldris Sheikh, Anis, Kalu and Harun Sheikh under section 164 Cr.P.C. produced at the time of hearing and the impugned order. The learned Advocate for the appellant submits that the accu......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ..Category: Criminal Law | Date: | Hits: 43
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....¦â€¦â€¦Opposite Parties Judgment March 21, 2004. Cases Referred to- Qari Habibullah Belali Vs. Capt. Anwarul Azim 40 DLR 295 & Syed Mohammad Hashem alias Hashem Vs. State 1995 BLD (AD) 115 =48 DLR (AD) 87. Lawyers Involved: Khurshid Alam Khan, Advocateâ......osite party No.1 Mosammat Monira Mostafa f1led the above mentioned petition of complaint alleging that on 9‑9‑2000 she was married with the accused-petitioner No.1 Md. Saiduzzaman (Mithu). At the time of marriage ceremony, father of the complainant gifted 14 bhories of gold, furniture, costly cl...... the Code of Criminal Procedure should not be issued, fixing on 22‑10‑2001 for hearing in the matter (Annexure B). The complainant also filed Family Suit No. 56 of 2001 for dowry, maintenance and recovery of her gifted articles which were wrongfully retained in the house of the accused‑petitio......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ..Category: Criminal Law | Date: | Hits: 49
....urisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
...... from the office of defendant No.4 asking him to show cause within 7 days as to why his lease would not be cancelled. Against the notice, causes was shown with defendant No.4 of 26‑9‑1993. At the time, the plaintiff went to Ajmeer. In the objection, it was categorically stated that on the demise......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....ju Mia and others………………………….Petitioners Vs. Shiraj Mia and others…………………………Opposite Parties Judgment July 20, 2002. Cases Referred to- Abdul Matin Chowdhury Vs. Chapala Rani Sen and others 37 DLR (AD) 205 = 1985 BLD (AD) 172; Motilal Chowdhur....... They claimed title mainly on the basis of a registered 'Kabulyat' dated 21‑6‑1947 executed and registered by defendant No.1 and payment of rents on rent receipts given by said defendant. At the time of presentation of plaint, the 'kabulyat' was filed in Court. Then, on 8‑2‑1999 the plainti......fendant No.1 and that the order of the Land Appellate Board directing reconveyance of the suit land was without jurisdiction. Defence case was that by executing an 'Ekrarnama' the plaintiff agreed to recovery the land and the Land Appellate Board rightly ordered for redemption, and a civil Court has......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....ladesh Vs. Abdul Khaleque and others, 29 DLR (SC) 110; Abdul Gafur Khan and others Vs. Bangladesh 36 DLR (AD) 163. Lawyers Involved: Md. Rafiqul Islam with Md. Nazimuddin and Abdul Basit, Advocates-For the Appellant. AKM Nazrul Islam with Md. Shohrowardi, Advocates-For the Respondent No. 2......t of actual acquisition. [Abdul Gafur Khan and others Vs. Bangladesh 36 DLR (AD) 163, 42 DLR (AD) 99]. 41. During determination of the price in a case where the Government takes unnecessary longer time to publish the statutory notification resulting in an increase of the market price, the authori......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....iately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......ness. Thereafter, the accused persons were also examined under section 342 of the Cr.P.C. and a date was fixed for hearing arguments. In the aforesaid background, this revision is filed. 5. At the time of hearing, Mr. Khurshid Alam Khan, the learned Advocate for the petitioner appearing with lear......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
..... Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......nts granted to him failed to produce documents in support of his claim. He also disbelieved the medical certificate relating to the treatment of the petitioner expressing suspicion about the point of time noted in the certificate. The learned Advocate for the petitioner submits that while hearing th......h the case from the stage before discharging of the accusedÂ-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......ccurrence the accused‑opposite party and several others being armed with deadly weapons trespassed into the disputed land and attacked him and other inmates of his house in order to kill them. On alarms raised by them neighbouring people and their relatives rushed to the place of occurrence for th..Category: Administrative Law | Date: | Hits: 223
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....s Judgment March 24, 2003. Case Referred to- Sk Ali Ahmed Vs. Secretary, Ministry of Home Affairs and others, 40 DLR (AD) 170. Lawyers Involved: MK Rahman with Md. Ruhul Quddus Advocate-For the Petitioner. MA Azim Khair, Deputy Attorney‑General with Ahsan Mahbub, Assistant Att......iven a licence in 1998 to hold a Rifle and he renewed the said licence from year to year and it has been renewed upto 2002 and that he did never violate any terms and conditions of the licence at any time nor even disturbed public peace in any manner and that on 21‑10‑2002 respondent No.5 i.e. O....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......ed Memo No. JM/3-1(Part)/2002/3036 (100) dated 28‑9‑2002 issued by the District Magistrate, Natore (respondent No.3) on 1‑10‑2002 (Annexure‑C) cancelling the petitioner's licence to possess arms and ammunition and seizure of the petitioner's .22 bore rifle being No. 478923 and 100 bullets ..Category: Criminal Law | Date: | Hits: 63
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... death. 7. Mr. Md. Zahidul Bari, the learned Advocate, appearing with Mr. Biswajit Debriath for the condemned prisoner argued the following points: (i) The condemned prisoner was a child at the time when charge was framed against him on 5‑4‑2000 and thus he having not been tried by tile Ju...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......hen on the following morning on 29‑6‑1998 they continued search and found out the dead body of Jannati in a sugarcane field lying to the cast of Chandihara Bazar. PW2 has stated that he found the arms and the neck of deceased Jannati Khatoon twisted and broken. PW3 Md Mabul and PW4 Kuti Mia have..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
....l Abedin (Md) ......................................Petitioner Vs. Gurupada Chakraborty and others...................Opposite Parties Judgment November 20, 2002. Case Referred to- Anath Bandhu Guha and Sons Ltd. Vs. Babu SS Halder @ SS Dey, 42 DLR (AD) 244. Lawyers Involved: ......nce by this Court exercising revisional power. 9. In view of the fact that the present Rule arises out of an interlocutory order and further proceedings of the Suit have remained stayed for a long time. I feel inclined to take it up for disposal on merit on the basis of the materials on record. ......tituted Title Suit No. 6 of 1994 in the Court of the Assistant Judge, Chandina in Comilla for cancellation of the disputed sale deed as being forged, fraudulent and without consideration and also for recovery for possession in the scheduled property. 3. During the pendency of the suit plaintiff ...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....y 7, 2003. Case Referred to- Mustafa Kamal and another Vs. Commissioner of Customs and others 5 MLR (AD) 1 = 52 DLR (AD) 1. Lawyers Involved: AFM Mesbahuddin Ahmed with AM Aminuddin, Advocates-For the Petitioner. Syeda Afsar Jahan, Assistant Attorney-General-For the Respondents. Wr......ter a chemical test, it was found that GSM declaration of the importer was about 24 GSM and net weight of 48309.67 Kg. Accordingly, the goods were assessed at the rate of tariff value in force at the time the bill of entry was presented. The order for assessment of customs duty therefore, does not c......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
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