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Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....dditional evidence there would remain some inherent lacuna and defect in the evidence made available before the trial Court. ..................................(34) Cases Referred to- Jadav Chandra Vs. Abdul Khaleque, 27 DLR (AD) 114; Abul Kalam Vs. Sunhar Ali, 46 DLR (AD) 130; Abdul Latif ......, Exhibit-7. On 27-9-94 Deputy Director (Estate) sent letter to plaintiff requesting him to appear before the Chairman, (Exhibit-12)'. Learned Judge here found that, "but it is surprising to note that in spite of receipt of the letter and after having been informed that power of attorney in..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... 58 DLR 106; Nizamuddin Miah Vs. State, 26 DLR 350; Bashir Kha Vs. The State, 50 DLR 199. Bashiruddin Ahmed Vs. The State, 34 DLR 413; Moonda Vs. The State, 11 DLR SC 32; Hari Dayal Singh Vs. Bhajan Chandra Saha, AIR 1961 Tripura 41; Hazi Abdur Rahaman Vs. Syeedul Haque Chowdhury, 38 DLR 4; Bibhuti ...... 31. To address the question as to maintainability based on the factum of the previous abortive attempt to have the proceeding quashed by invoking Section 561A, of the Code of Criminal Procedure, we note that the said case admittedly ended on ground of prematurity, not on merit. In this respect we ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
....8 others Vs. Government of Bangladesh & others, 4 BLC (HCD) 526; Bar Council of Delhi and another (etc.etc.) Vs. Surjeet Singh and others (etc. etc.), AIR 1980 (SC) 1612; The State Vs. Sailendra Chandra Borman, 16 BLT (AD), 265; Dr. Mohiuddin Khan Alamgir, in Criminal Appeal No.4393 of 2007; The......les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....e system, namely the Penal Code. When a child is exempt from prosecution either under section 82 of the Penal Code or upon inquiry under section 83 of the said Code, no question of arrest, custody or handing over on bond at all arises. It was wrong for the Magistrate to expect that anyone would appl......en kept in a place of safety in accordance with section 2 (j) of the Act. In the absence of any explanation we can only presume that the children were kept overnight in the police station. 19. We note from the FIR that the children were apprehended at 11:30 a.m. on 22.01.2010. There is no reason..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....tioner in execution of the decree and the sale certificate has been executed and registered which means that the decree has been executed in part. 10. Now the only part has to be executed for handing over possession in the auction purchased land through Court. The decree holder petitioners ......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....d J Mosammat Rehana Akhter.............................petitioner Vs. Rizia Begum and others...............................opposite parties Judgment January 13, 2010. Cases Referred To- Kutu Chand Miah Vs. Rabindra Kumar Deb and others, 22 DLR 29; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam C......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....C.S. khatian
No.569, Plot No.138, measuring an area of land of 2.04 acre and C.S. Plot No.590
measuring an area of land of 0.33 acre belonged to Wahed Ali and others. The
mother of plaintiff No.1 Chandraban Bibi purchased the land by auction.
Thereafter, Chandraban Bibi transferred the land 2.04......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....lso Reported in:61 DLR (HCD) (2009) 679. ......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
.... This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......o the family home, she categorically refused to go, because of the fact that she was assaulted by her sister and she feared that because her sister was still unmarried she would again assault her. We noted that she did not allege any assault by her parents. We may mention that, thereafter, we talked..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ......t must afford the notice receiver adequate opportunity to explain his position and without such adequate opportunity it will be considered to be no notice at all. 64. In the instant case we note that in the appointment letters it has been stated that the employment of the Petitioners may b..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
....ing the existing thousands of graves including martyr of language
movement. So, they have filed this writ petition to protect the graveyard with
direction to maintain as it is.
3. On the other hand Dhaka City Corporation has filed
Affidavit-in-opposition admitting their misdeed which touched......onstruct a boundary wall which has been
demolished by the contractor within such period.
Stay granted earlier by this court is
hereby vacated.
Ed.
This Case
is also Reported in:
..
Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
...., Afsaruddin and Md. Taher who purchased the 3.21 acres of land including the lands covered by the aforesaid four DP khatian from its lawful owners Bamacharan Pal, Boloram Pal, Hororam Pal and Gupal Chandra Pal by registered sale deed No.4911 dated 26-8-1952 and have been owning and possessing the s......Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
.... of 2009) Chowdhury Md. Zahangir, Advocate-on-Record-Respondent Nos.1-4. (In Civil Petition No.1159 of 2009) Not Represented- Respondent Nos. 5-8. (In Civil Petition No.1159 of 2009) Khandoker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For...... passed by the High Court Division in making all the Rules absolute in Writ Petition Nos.2094, 2396, 3365, 361, 4240, 2472, 2239 and 3259 of 2007. 2. The facts leading to the filing of the above noted writ petitions, in brief, are that Bangladesh Public Service Commission (PSC) invited applicat..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....es amounting to Tk. 49,500/-, each note bearing "M" mark within a round circle mark. While the said accused was receiving the same, as bribe, the Joint Forces at once caught hold of him red-handed and seized the said notes in presence of the witnesses (1) Md. Mosharraf Hossain, A/P Megha F......hat he along with his companion forces recovered from the possession of one Md. Rezaul Kabir, Upazila Nirbahi Officer, Bhaluka, Mymensingh an envelope of Khaki colour containing 99 pieces of 500 Taka notes amounting to Tk. 49,500/-, each note bearing "M" mark within a round circle mark. Wh..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....ylhet, for examination, where she was produced on 29.03.2009. In the meantime she was kept in the jimma of her parents. After her medical examination at the OCC (Outdoor Crisis Centre) the victim was handed over to the investigating officer on 31.03.2009 and the investigating officer on the same day......s crying to go to her mother and the mother was crying to have her back home. This must be sufficient notice to anyone that the girl is required to be given to the custody of her parent. Moreover, we note from the order sheet of the learned Magistrate that on 07.04.2009 there was a written applicati..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....elopment of the same has
constructed dwelling houses and the pre-emptee-petitioner has been residing
therein with his family members and he has no other land other than this
property, on the other hand, the preemptor owns substantial land and as such,
he sought dismissal of the preemption case.
......tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....r tender on 30-9-1996 and it was sold to the highest bidder defendant No. 5 at Taka 21, 74,544. The defendant No. 5 paid the entire money on 1-2-1996. On 4-2-1997 and 16-2-1997 the suit land was handed over to the defendant No.5. As per SA record, Rally Brothers were recorded as land lord ......st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....nd lawyers for preparing a statement of assets pursuant to the direction made in the said notice. The appellant prepared his statement of assets within less than an hour in presence of the Jailor and handed it over to his brother Dr. Burhan Uddin Khan Jahangir on 20-2-2007 for reaching the same to t...... Station was constructed in the year 2002 as per schedule applicable for the said year and the valuation thereof came to Taka 24,39,694. In his cross-examination, he admitted that from the forwarding note and estimate it cannot be ascertained what was the direction. From the report it cannot be unde..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
....nama and the signature of defendant No.1 was upon the plaintiff. But the plaintiff did not take any steps to prove the signature of the defendant No.1 Most. Abu Tara by examining the signature by the hand writing expert as such the vital document of Bainanama was not proved and the suit was rightly ...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....isonment for life and to pay a fine of Taka 5000/= in default to suffer rigorous imprisonment for 6(six) months more. 2. The prosecution story, in brief, is that, on 25.06.2002 at 16.10 hours Chandan Adikari as informant lodged FIR with the Manda police station against the appellant Pintoo P......orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
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