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Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)

....ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......d to Tara Banu and in this way Tara Banu became the owner and possessor of .16 acres of land and when Nawab Mia husband of the Tara Banu went to the Tahshil office for separation of Jama after paying rent on 10-1-91 then came to know that the defendant No.2 vide Mutations Case No.354/85-86 mutated h..

Category: Property Law | Date: | Hits: 112

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)

....ng quarters and public areas, including the hinterland around Alang. It is stated in the report that every fourth worker in Alang, because of the lack of safeguards in handling hazardous material, is expected to contract cancer. 41. From a report published by the Law Environment and Development J......a poor country, Bangladesh has become the dumping ground for haz­ardous waste materials produced by the developed countries and the authority con­cerned, namely the Department of Shipping and its parent Ministry, are not mindful of the disastrous effect of allowing such hazardous materials to be i..

Category: Environmental Law | Date: | Hits: 688

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ...... the present form; that the suit is barred by waiver, estoppel and acquiescence. It's case was that the then Pakistan Government initiated the Certificate Case No.68370/60-61 due to non payment of rent by the original recorded tenant Sree Pulin Behari; that the defendant No.1 participated in the ..

Category: Procedural Law | Date: | Hits: 114

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....ocedure, 1898 (Act No. V of 1898); section 174 Inquest Report Inquest report under section 174 Cr.P.C. is an official investigation into an incident, especially an inquiring into a sudden and unexpected death. It is a legal and judicial inquiry to ascertain or decide a matter of fact to find c......, homicidal or otherwise. The scope of inquest report is limited to the extent of ascertaining whether a person has died under suspicious circumstances or an unnatural death and if so what is the apparent cause of death. An inquest report, thus, not confine only to mention the number of injuries, it..

Category: Criminal Law | Date: | Hits: 89

Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)

....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......i. Defendant No.2 Danesh Ali, owner of the suit land appointed his son Akram Ali, the defendant No.1 as his Attorney. On 5.8.2001 the defendant No.1 went to the Tahashil Office for payment government rents wherefrom he came to know that the plaintiffs by practicing fraud obtained a sale decree and t..

Category: Procedural Law | Date: | Hits: 99

State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)

....ent requires continuous treatment for six months to one year depending on the condition of his illness. However, the opposite‑party Abdul Momin Sarder is on bail for little over two years and he is expected to have recovered in the meantime if he had undergone treatment by a specialist for which h......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..

Category: Criminal Law | Date: | Hits: 87

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....ility of the parties interested in setting up of container terminals, at least during the relevant period the authority ought to have gone for competitive bids, more so when no specific amount of the expected money was mentioned in the letter of the respondent No. 8 dated 29‑12‑1997, which Bangl......for Bangladesh but will also benefit Bangladesh economically. Hence we recommend that the authority should take immediate proper steps for setting up of container terminal or terminals through transparent, fair and approved process and the project proposal should be accompanied with financial analys..

Category: Others | Date: | Hits: 113

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......the defendants………………………………….(10) The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 Revisional power of the court The finding of facts whether concurrent or not arrived at by the lower appellate Court is final unless it is manifestly perverse……..

Category: Civil Law | Date: | Hits: 94

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....l­lowing ways: - "When eye-witnesses witness the occur­rence, accused-persons depart from the scene and nearly 1,000 people assemble at the place of occurrence followed by high officials, it is expected that the eye-witnesses will name the accused-persons not only to their own kith and kith bu......s deposed at the instance of the police. 19. P.W.7 Driver Jahangir Alam stated that on 26-8-1996 he was at Mukbeki bazaar with a microbus being number Chatta Metro Cha 2-1515. Some unknown persons rented his microbus to shift an injured man at Chittagong but when they reached at Fashiakhali the o..

Category: Criminal Law | Date: | Hits: 158

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... schedule land having title thereto. Plaintiff left for Pakistan on way to London in 1966 and his own persons, Goni Pundit and Joynal Abedin on his behalf, maintained the suit land by producing different kinds of vegetables and also by cultivating in more portion of land. In dag Nos.514 and 515 i.e..

Category: Property Law | Date: | Hits: 83

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ...... deed on 29.3.2006 in favour of M/s. Chameli Glass Works and on the strength of lease deed M/s. Chameli Glass Works mutated its name on 12.10.2006 in the connected Record of Right and has been paying rent to Government regularly. II. M/s. Chameli Glass Works got interest on Suit property and as s..

Category: Property Law | Date: | Hits: 82

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......d by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on record, analysis of fact and circumstance of the case, inherent infirmities disturbing and striking facts of prosecution case are also required to be taken int..

Category: Criminal Law | Date: | Hits: 74

Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)

....ক বা অন্য কোনভাবে সুবিধাপ্রাপ্ত লাভজনক পদ বা অবস্থান. In other words, a person for holding the said office is expected to make pecuniary gain or material benefit. Here the amount of money receivable by a person......ty Corporation is a statutory public authority. In this regard, upon drawing attention to section 9(2)(X) of the said Ordinance, he further goes to argue that there the legislature has made four different distinct entities operating City Corporation from statutory public authority, whereas in the ea..

Category: Constitutional Law | Date: | Hits: 466

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

.... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......thout ascertaining and without hold­ing any local investigation and without ascertaining the local position and possession of the suit land and that the land of the defendant Nos.5 and 6 is a dif­ferent and of a different area but both the Courts below failed to appreciate the same thereby com­mi..

Category: Procedural Law | Date: | Hits: 137

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

.... as in West Pakistan Family Courts Ordinance 1964 and we may interpret the provisions of section 5 of our Ordinance in the light of the interpretation given by the higher Courts of Pakistan and it is expected that there may be a harmonious interpretation of the provisions of two Ordinances. Mr. Nuru......ferred the matter to the Hon’ble Chief Justice for constituting a Special Bench for a final decision by the High Court Division in the matter of applicability of the Family Courts Ordinance to different communities as there are two divergent decisions on the point by the High Court Division. A Div..

Category: Family Law | Date: | Hits: 209

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......s...........................Opposite par­ties Judgment June 24, 2009. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 The concurrent findings of fact can not be interfered with by the High Court Division under Section 115 of the..

Category: Property Law | Date: | Hits: 96

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......erty and she was a Shebait. The suit land was recorded in the name of Ramani Mohan Das Baishnab as a secular property and he realized the Rent from the tenants by granting Fargos (receipts) by filing rent suit in his own name. He also sold land to Asgar Ullah by registered deed dated 29 Maghs, 1358 ..

Category: Property Law | Date: | Hits: 102

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......avour of them.……………(25) The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951); sections 3(1)(2), 42, 43(2) Whether the waqf estate survived the wholesale acquisition of rent receiving interest and non-retainable khas land under the SA&T Act, 1950? Wholesale acq..

Category: Trust/Waqf Law | Date: | Hits: 114

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......was accredited low lands and was lying in unutilized and vacant condition. Late Haji Ahmed Meah Sowdagar Predecessor of the plaintiffs took lease of the suit land for a period of 30 years at a yearly rent of Taka 1,700 form 1st Aswin, 1356 BS. At the time of execution of the Lease Agreement the pred..

Category: Administrative Law | Date: | Hits: 175

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

.... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ..........Petitioners Vs. Abdul Malek……………………..Opposite Party Judgment March 18, 2007. Result: The Rule is discharged. The finding of fact as well as law, whether concurrent or not, arrived at by the lower appellate Court, which is the final Court of fact, is binding o..

Category: Procedural Law | Date: | Hits: 83