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Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ...... in this case. 5. After conclusion of the prosecution evidence both the accused appellants were examined under section 342 of the Code of Criminal Procedure and their statements were accordingly recorded. They again pleaded not guilty and declined to adduce any witness in support of their defen......end down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ...... section 28 of the Acquisition and Requisition of immovable Property Ordinance, 1982 (Ordinance No. 2 of 1982). 3. Facts in short are that land measuring 3.20 acres of Plot Nos. 3840 and 9517 recorded in MRR khatian Nos. 6 and 2077 respectively was acquired in L.A. Case No. 36 (Shishu Palli)......merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......he Acquisition and Requisition of immovable Property Ordinance, 1982 (Ordinance No. 2 of 1982). 3. Facts in short are that land measuring 3.20 acres of Plot Nos. 3840 and 9517 recorded in MRR khatian Nos. 6 and 2077 respectively was acquired in L.A. Case No. 36 (Shishu Palli) of 1992. The ac..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
.... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
......g statutory power to fine and imprison, are Courts of Record at Common Law. The proceedings of a Court of Record preserved in its archives are called records, and conclusive evidence of that which is recorded therein."
The Corpus Juris (Vol. 15, page 720) refers to its definition as follow......s no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
...... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....n taken cognizance of by the Special Tribunal. As such the whole trial and the order of conviction and sentence passed by the Special Tribunal were without jurisdiction. The High Court Division acted wrongly in dismissing the writ petition in limine". 8. We have already observed and stated that n......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ....... The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......tarted and the case was handed over to Khandaker Mosharraf Hossain for investigation, who, after getting the case, visited the place of occurrence and prepared sketch map thereof with separate index, recorded the evidence of the witnesses under section 161 of the Code of Criminal Procedure and seize...... out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......ve been marked as Exhibit in support of its case. 16. The informant Golam Hossain claims that he has purchased 46 decimals of land from plot Nos.380 and 346 in Khatian No.112 corresponding to CS khatian No.304 of Mouza Gopinathpur under Sahajadpur police station. 17. P.W.1 Golam Hossain de..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....ourt and along with the charge‑ sheet. The public prosecutor on behalf of the State also filed an application on the same date (18‑12‑2004) praying for calling them as witnesses quoting therein wrongly section 540A instead of section 540 CrPC The learned Judge, Druto Bichar Tribunal an conside......Md. Kamrul Hassan and Md. Hafizur Rahman Habib, in the prescribed column of the witnesses of the charge-sheet on the ground that during investigation they were examined and their statements have been recorded under section 161 of the Code of Criminal Procedure but due to mistake their names were not......f our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......is sons Nipendra Nath Basak, Nagendra Nath Basak, Bhupendra Nath Basak and
Digendra Nath Basak became the owners of the suit land to the extent of 4 annas
shares each and their names were correctly recorded in the S.A. Khatian and
that during the war of liberation between India and Pakistan in 19......………………………………………………..Opposite
Parties
With
Additional Deputy Commissioner (Rev), Dhaka
and In-charge, vested property, Dhaka District, Collectorate Building, Dhaka…………………………………
Petitioner
Vs.
Mohammad Shafiqul Haque ......party in the earlier Title Suit No.346 of 1977 Ext.
Uma Uma (1) is Memo No.723 V.P. Dated 17.7.1981 in clearance case No.2 of 1981
within Tejgaon which shows that 9.47 acres of land appertaining to khatian No.438,
444, 798 and 455 were not enlisted property and were not leased out to
anybody. ..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....the original owner Sudhanshu Kumar Acherjee being owner and in khas possession of the pond ultimately settled to Tazammel Huq Chowdhury on 12 Chaitra 1351 BS and he being in possession the record was wrongly done in favour of the Government for which Other Suit No. 1379 of 1980 was filed and the not......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ...... Counsel for the petitioner. The petitions are dismissed. Ed. ......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......s. Madlena D Rozario (since deceased), wife of Ketu Rozario purchased the land appertaining to CS Plot No.177 of mouza Begunbari, PS Tejgaon, Dhaka measuring an area of 1.25 acres of land from the CS recorded owners by a registered deed of sale dated 12‑6‑1950. The name of Mrs. Rozario was duly ......itioner Vs. Government of Bangladesh and others.......Respondents Judgment January 16, 2005. Result: The Rule is discharged. Cases Referred to- Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 1 LG (AD) 64=9BL......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......nce the injured victim Asmat Ali died at Rajshahi Medical College Hospital. 5. The police, in course of the investigation, visited the place of occurrence, prepared sketch map, seized alamat and recorded statement under section 161 of the Code of Criminal Procedure and obtained the post mortem ......ssions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......ant Judge), Dhaka passed in Title Suit No. 356 of 1985 dismissing the same. The suit was filed seeking decree for permanent injunction. 2. Plaintiffs filed the suit stating, inter alia, that CS recorded tenant Nawab Ali was the owner of the land described, in the schedule attached to the plai......ly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......o one Syeda Banu and she transferred the land in suit to Moniruddin and from him the plaintiffs on September 2, 1966 purchased the land in suit by 5 kabalas and they got their names recorded in the khatian, that on June 6, 1979 plaintiffs found that the defendant with some hired men 'stocked' so..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......at them Mere omission to sign and seal exhibits or deposition sheets does not affect the merit of the case nor the jurisdiction of the Court and such omissions are mere defects or irregularities in the procedure and not an illegality when section 99 of the Code of Civil Procedure aims to preven...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......toration of possession of the suit properties alleging, inter alia, that the suit land originally belonged to Abdul Mollah (2), Jobdul Mollah and Sabdul Mollah and CS Khatian No.12 has correctly been recorded in their names and that Jobdul Mollah died leaving behind only daughter Moymannessa and acc...... ......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....e to be set aside and that of the trial Court restored." 6. Mr. Abul Kalam Mainuddin, the learned Advocate appearing for the appellants, submitted that the High Court Division wrongly relied on the decisions reported in 34 DLR (AD) 267 and 36 DLR 90 which are not applicable...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ...... (AD) 237; Abdul Khaleque Sarnamat vs. Abdul Khaleque Sarnamat and another 1 BLC (AD) 90; Bangladesh vs. Haji Abdul Gani Biswas 32 DLR (AD) 233. Lawyers Involved: Abul Kalam Mainuddin Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Appellants. ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......set Majumder, the learned Counsel appearing for the petitioner, has connected that the licences of the petitioner had been cancelled by a general notification and in doing so no valid reason has been recorded as contemplated under section 18(Ka) of the Arms Act. He has further contended that no noti......thority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....ossession against defendants and others. Due to their inexperience and illiteracy the plaintiffs failed to get the suit land recorded in their names during the last SA operation and the suit land was wrongly recorded in the names of defendant No.1 and his mother Gafuran Nessa. Their further case is ......u Sarder his interest devolved upon his, son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have possessed the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming ......s and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......Exhibit F as claimed by defendants, they would not have paid rents in the names of Saku Sarder and Hossain Sarder by these dakhilas Exhibits A(9)‑A(17). The appellate Court further held that the SA khatians Exhibits D (2) and D (3) show that names of defendant No. 1 and Gafuran Nessa were recorded..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....ion of a criminal case for the same acts amounts to double jeopardy and, as such, the present proceeding is illegal. The learned Advocate also submits that loan extended by the petitioner, rightly or wrongly, may be recovered from the concerned loanees and the Bank authority already instituted two m...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......endant-respondent No.5, the Government of Bangladesh also appeared and filed written statement denying the material allegations made in the plaint and claiming the property to be Government khas land recorded in khas khatian No. 1 and that during pendency of the aforesaid suit the petitioner on 28.0......eing no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ...... No.5, the Government of Bangladesh also appeared and filed written statement denying the material allegations made in the plaint and claiming the property to be Government khas land recorded in khas khatian No. 1 and that during pendency of the aforesaid suit the petitioner on 28.09.2002 filed an a..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
.... হয়েছে। সে স্বামীর বাড়ীতে থাকে বাবার বাড়ীতে থাকে না). He further submitted the address of the petitioner was given wrongly to gain mala fide purpose. 8. In support of his argument he referred the following case......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......yun Kabir Khadem, Advocate - For the petitioner. Abdul Quayum, Advocate - For the Opposite Party. Civil Revision No.4713 of 1998. Judgment Md. Mizanur Rahman Bhuiyan J.- This hearing occasions consideration of the rule issued directing against the judgment and order dated 04-6-1......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
.... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ......der as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ......ring (1) Chha 30/C Uttar Badda Plot No.76(2) 30/1. Uttar Badda plot No.76(3)Ja‑1, Maddha Badda plot No.77(4)Cha‑29/2 Uttar Badda plot No.76 No.76, VI Chha 30/C, Uttar Badda. Plot No.76 comprising khatian No.1006 of Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in ..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
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