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Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)

.... the Union Parishad, through whom the F.I.R. was sent to the police station, was also not examined; moreover prosecution witnesses were also examined by the Investigating Officer after long lapse of time which create doubts as to the veracity of their evidence; further it was also not at possible f...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ..

Category: Criminal Law | Date: | Hits: 33

Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)

....harers hold excessive land than that of their actual share and the co-sharer who holds minimum land in possession comes before the Court with a suit for partition. 6. It is not unusual that at the time of final partition some of the possessor would be affected and some of the decree holder would ......ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ..

Category: Property Law | Date: | Hits: 31

Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)

....he Advocate Commissioner has not yet been accepted and the same has been kept with the record and acceptance or otherwise will be decided by the learned Munsif when the evidence will be placed at the time of trial of the suit. As the learned Munsif has not yet accepted the report of the Commissioner......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..

Category: Procedural Law | Date: | Hits: 95

Mrs. Tahera Islam Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1987, 16 CLC (HCD)

.... the construction of the project which was due to start in 1982. But due to delay in releasing the proposed loan by the Bank the costs of project increased and the project could not be started in due time. In the mean time the Bank started Miscellaneous Case No. 43 of 1985, in the Court of the Distr...... Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compli­ance. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 193...

Category: Banking Law | Date: | Hits: 151

Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)

.... homestead of the informant, goods and articles worth Tk. 7,317/- from the homestead of P.W 4 Yusuf and goods and articles worth about Tk.715/- from the homestead of P.W. 5 Golam Abul Hossain. At the time of dacoity P.W. 1 Nur Moham­mad recognised appellant No. 1 Rattan Kha @ Rat­tan. P.W. 4 recog......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ..

Category: Criminal Law | Date: | Hits: 49

State Vs. MA Monir & Others, 1987, 16 CLC (HCD)

....to trace out the contemner No. 1 and to execute the sentence passed against him as and when he is apprehended. 12. The contemner Nos. 2-4 were directed to be present personally in the Court at the time of hear­ing. The contemner No. 3 is present but contemner Nos. 2 and 4 have filed an affidavit......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183...

Category: Criminal Law | Date: | Hits: 35

Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)

....ubt. Now let us consider the contention of the learned Advocate for the appellant. The learned Advocate for the appellant submitted that the delay in lodging the F.I.R creates doubt as to the manner, time and place of occurrence as stated in the F.I.R. So far as the delay in filling the F.I.R. is co......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ..

Category: Criminal Law | Date: | Hits: 93

Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)

....2 Sk. Nowsher Ali gave out in June 1981 that he was going to be transferred from Jamalpur. P.W. 2 pressed the appellant hard for an early disposal of the aforesaid money execution case. At about this time defendant Kafiluddin was also trying to sell out the suit property under attachment to third pa......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ..

Category: Others | Date: | Hits: 72

Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)

....een no delay in filing the present application for review. 11. Section 14(2) of the Limitation Act is as follows:- "(2) In computing the period of limitation prescribed for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, wh......ke out any case for reception of addi­tional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...

Category: Property Law | Date: | Hits: 29

Asgar Ali & others Vs. Additional Deputy Commis­sioner, Khulna & others, 1987, 16 CLC (HCD)

....8. In this case no one appears to oppose the Rule at final hearing though the learned Assistant Attorney General and the Deputy Attorney General at Jessore appeared in hiss matter and prayed for some time which were allowed but no affidavit-in-opposition had been filed by the Government for rea­son...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..

Category: Property Law | Date: | Hits: 36

Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....ns have fallen to rocks. It will be an exercise in futility if the Government goes on making unsustainable orders and the High Court Division in turn goes on striking them down. It will be wastage of time and resources and will cause erosion not only in the adjudicatory system but also in the mind o......t he was involved in the Murgi Milon murder case; that the detenu under cover of his political association with the opposition has been carrying on smuggling of gold, illegal arms on an international scale; that he is the god-father of a group of local terrorists. And that one Italian made Petro-Bre..

Category: Criminal Law | Date: | Hits: 45

SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)

....to opposite party No. 29, mother of the preemptor, and on 20-07-54 further transferred 30 decimals to the father of the preemptor. Similarly, Golam Mowla transferred the rest of his land at different times to different persons, and thus, he exhausted all his interest in said 2.36 acre of land of CS ......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..

Category: Property Law | Date: | Hits: 39

State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)

....ure as noted in the report. 8. We have considered all these evidence adduced by the prosecution and we hold that the death of Shamsu Sikder occurred as a result of injuries sustained by him at the time of occurrence. We are now to consider as to whether the condemned prisoners committed the offen......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..

Category: Criminal Law | Date: | Hits: 36

Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)

.... filed the suit for permanent injunction, mandatory injunction and on 8-6-98 filed a prayer for temporary injunction. 5. On 8-6-98 the defendant opposite party Nos. 1 and 2 appeared and prayed for time to file the written objection and written statement. 6. The plaintiff-petitioners filed an a......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..

Category: Property Law | Date: | Hits: 28

Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)

....inance, 1985 has been given an overriding power. Section 3 of this Ordinance provides “the provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.” Section 5 of the Ordinance further provides “….a Family Court shall have...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175...

Category: Family Law | Date: | Hits: 186

Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....industries and to groups or individuals promoting them on a strictly non-profit basis. (xv) To borrow or raise or secure the payment of money in such manner as the society shall determine from time to time and generally to borrow money in such manner as may be agreed upon between lender and t......mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168...

Category: Fiscal/Taxation Law | Date: | Hits: 65

Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)

.... order and published that in the official Gazette, the respondents would not mutate the name of the petitioner in respect of the property in question. The petitioner approached the respondent several times and requested them to implement the judgments of the courts of law by mutating his name in the......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165...

Category: Property Law | Date: | Hits: 38

Rajdhani Unnayan Kartripakkha (RAJUK) Vs. MN Alam and Associates Ltd. and another, 2001, 30 CLC (HCD)

....te Judge, Dhaka to make the award Rule of the Court. 4. That upon receipt of the summons thereof this petitioner appeared before the Court of Subordinate Judge, Dhaka on 3-2-1999 with a prayer for time to submit written statement which was allowed. Thereafter, the petitioner took several adjournm...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs. Send down the LCR, if any, immediately. Ed. This Case is also Reported in: 54 DLR (2002) 161...

Category: Alternative Dispute Resolution | Date: | Hits: 196

Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

.... been the unbroken practice of the Thana Nirbahi Officer, the respondent No.4, to have prior consultation with him for fixing a date of meeting, but this practice has been discontinued, for the first time recently. Being aggrieved the petitioner moved this Court and obtained the Rule. 8. Responde......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ..

Category: Administrative Law | Date: | Hits: 462

Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)

....2 to 7 was valid. With regard to affixing of requisite stamps on the instrument of transfer, which is admittedly not done the learned Advocate submits that non-payment such stamp duty at the relevant time of transfer could not render the transfer invalid as the instrument of transfer in this case ca...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ..

Category: Company Law | Date: | Hits: 203