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Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
.... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......rder of the learned Additional District Judge passed in Miscellaneous Case No.173 of 1986. In the judgment the learned Single Judge of the High Court Division made observations that the property in question shall continue as Waqf property, against which, the petitioners filed C.P. No. 60 of 2008 b...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ...... defendants Nos. 2 to 5; that SA khatian was prepared in the name of defendants Nos. 2 to 5; that thereafter, Gogan Chandra Sutradhar got the suit land by family partition who transferred the land in question to defendant No.1, Ayesha Khatun, by a kabala No. 2373 dated 15-5-1959 and thus, she has be...... 5. Are the plaintiffs entitled to get possession in respect of kha scheduled land? 6. To what relief, if any, are the plaintiffs entitled to? 12. The learned Subordinate Judge considering the facts and circumstances of the case and evidence on record by his judgment dated 31-5-1999 decreed t..Category: Property Law | Date: | Hits: 126
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......। আমি ভুল করেছি ক্ষমা চাই। এই আমার বক্তব্য। 81. However, the learned State Defence Counsel Mr. Muhammad Salahuddin raised a question about the truth and voluntaries of the confessional statement of Mamun. He drew our attenti......erial Exhibit 1 series) were recovered from Mamun. 80. The testimony of those witnesses is reinforced by the confessional statement of Mamun (Exhibit 14) which, in fact, speaks of a lot of related facts prior to the bomb blast. This document (Exhibit 14) is the certified copy of the statement mad..Category: Criminal Law | Date: | Hits: 224
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......SC) 441 it was held— "The importance of observing faithfully and fairly the provisions of section 342 cannot be too strongly stressed. It is not a proper compliance to read out a long string of questions and answers made in the Committal Court and ask whether the statement is correct. A questi......ers made in the Committal Court and ask whether the statement is correct. A question of that kind is misleading. In the next place, it is not sufficient compliance to string together a long series of facts and ask the accused what he has to say about them. He must be questioned separately about each..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593....... It is also needless to say, in deciding an application for pre-emption limited jurisdiction of the Court is now well recognised to examine as to whether or not subdivision of the existing holding in question is valid. 28. In the case before us we find there was an order passed by the revenue aut......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593...Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......ich the suit is pending, (ii) To avoid multiplicity of proceedings or conflicting decisions, (iii) Where the judge is interested in one party or biased against the other (iv) Where common questions of fact and law arise between the parties in two suits (v) on the ground of balance of con......om the defendants-petitioners-opposite parties (hereinafter referred to as opposite parties). 3. The opposite parties contested the suit by way of presenting written statement denying all material facts in issue and prayed for dismissing the suit. 4. The instant money suit being Money Suit No...Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ...... to his daughter at the said rate. Under such circumstances we can presume that the defendant is agreed and ready to pay and satisfy the demand of his beloved minor daughter. 13. Now the pertinent question that calls for our determination is, whether his daughter is entitled to get maintenance an......did not turn up to place the contention of the defendant before the Court but the case, as it appears from the revisional application, is that the learned appellate Court below failed to consider the facts and evidence of the defendant while affirming the judgment and decree passed by the Family Cou..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ...... Uncle Atiqur Rahman alias Masum (PW 7) to the PO House on 30-4-1998, and he was asked as to why he had not come to the house even after getting the message of Shazneen's death. But Hasan avoided the question, became nervous and left. PW 5 further stated that when the health condition of his father-......ntial danger. So he selected the party time in the evening hours of 23-4-1998 to execute the conspiracy and activated the other condemned-prisoners. Accordingly, the rape and murder took place. These facts having been disclosed during the investigation of first information report lodged by Shajneen'..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ...... Title Appeal No. 106 of 1999 and consequently the impugned judgment and order does not suffer any illegality or legal infirmity to interfere by this Court in revisional jurisdiction. 19. The moot question that calls for our determination is whether the learned Additional District Judge, Jhalakat...... Meser Ali, the predecessor of the plaintiffs, on 8-4-1920 vide kabala deed No. 1404, and that Rupsha Fakir transferred 91.50 decimals of land to defendant No. 19 by a kabala dated 23-7- 1937 and the facts of auction purchase was written in the body of the said kabala deed. It is further submitted t..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......trar, Comilla asking the petitioner to show cause within 10 days as to why his licence should be revoked and he was asked to submit the reply to the District Registrar, Comilla. 10. The formidable question to be determined by us as to whether the notice dated 22-6-2000 can be treated as having be......o show cause as to why the impugned order being Memo No. 329 Bichar 6/2N-35/76 dated 25-4-2001 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts as stated in the writ petition briefly, are that the petitioner passed Dakhil, Alim, Fazil and..Category: Employment/Service Law | Date: | Hits: 81
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......er section 19(1) (1)(Kha) of the Narcotics Control Act, 1990 corresponding to GR No. 259 of 2006 now pending in the Court of Chief Metropolitan Magistrate, Dhaka rejecting the prayer for bail. 2. The facts involved for disposal of the Rule are as follows: 3. The prosecution case, as alleged in th..Category: Criminal Law | Date: | Hits: 64
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......the house, but recognition of the said accused by PW 1 Rubia Bibi inside the house contradicts with the manner of occurrence as depicted in the confessional statement. So, having considered the above facts we are led to the conclusion that the confessional statement of accused Habibur Rahman alias H..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......ere settled: (a) was the suit maintainable in the manner and form as framed? (b) was the suit barred by limitation? (c) was any fraud committed in respect of letter of credit in question'? (d) was the plaintiff entitled to relief prayed for? (e) what relief the p......d must be held to have done so to its peril and cannot now bind the PBL to pay after discovery of gross fraud. 73. Referring Raymond Jack's book on Documentary Credit, he submitted that in the facts and circumstances of the case, the KEB acted as a collecting bank as agent of the beneficiary ..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ...... dated 4‑10-2003, asking the writ petitioner to report to the Marketing Manager on his reversion cannot be said to be an illegal order or an office order without jurisdiction. In view of the facts and circumstances of the case and the discussions made above, we do not find any merit in the ..Category: Employment/Service Law | Date: | Hits: 66
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......et in Title Appeal No.222 of 1994 reversing those dated 26.09.1994 passed by the Assistant Judge, Temporary Additional Court, Sadar, Sylhet in Title Suit No.231 of 1992 dismissing the suit. 2. The facts involved in the case, in short, are that the suit land originally belonged to Dhan Bibi and To..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91....... - This petition for leave to appeal is directed against the judgment and order dated 26.08.2009 passed by the High Court Division in Civil Revision No.189 of 2006 making the Rule absolute. 2. The facts, in short, are that the respondents as plaintiffs instituted Other Class Suit No.229 of 2004..Category: Property Law | Date: | Hits: 65
.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......eved person within the meaning of Article 102 of the Constitution to invoke the fundamental rights as guaranteed under the Constitution. The petitioner cannot invoke Writ jurisdiction on the disputed question of facts, inasmuch as whether the petitioner No. 1 is a loan defaulter or not and that the ......etition is not maintainable as respondent No.3 filed Money Suit No. 74 of 2002 in the Court of Artha Rin Adalat, Chittagong for realization of Taka 78,59,661.37. In this backdrop suppressing material facts the petitioners filed writ petition with a prayer for injunction against the respondents which..
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......sonal expenses were not taken in the first appeal and, as such, it was turned down by the Appellate Tribunal. 3. In the aforesaid facts and circumstances, the assessee has formulated the following questions of law which were set to arise from the order dated 2-6-1998 passed by the Taxes Appellate......xpenses observed that the said ground of the family expenses or personal expenses were not taken in the first appeal and, as such, it was turned down by the Appellate Tribunal. 3. In the aforesaid facts and circumstances, the assessee has formulated the following questions of law which were set t..Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......(Annexure-Fl) and Memo dated 21-11-2000 issued by the Deputy Director, Marine Fisheries Directorate, Agrabad, Chittagong (Annexure- G) and submits that the petitioner being the owner of the vessel in question and as a citizen of the Republic of China has been communicating his claim on the vessel th......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ...... proposition of law has been decided in various decisions of the Courts of this subcontinent. In the case of Md. Mosaddar Hague and another Vs. State reported in 10 DLR (SC) 29 where it was held: "No question as to whether prejudice was caused or not need be considered as illegality" has resulted fr......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ..Category: Criminal Law | Date: | Hits: 53
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