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Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....pellant and Mr. Md. Aftab Hossain, the learned Advocate-on-Record for the respondent Nos. 1 & 2 and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the suit property belonged to Rajeshwar Saha. The plaintiffs' case is that he transfer......Court Division wrongly relied upon the receipt Ext. 1, the agreement Ext. 2 and the kabala Ext. 3 as documents of title in favour of the plaintiffs and accordingly fell in error in decreeing the suit holding that the plaintiffs have title in the suit property. The High Court Division therefore commi..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ervance of the essential ceremonies. 8. I have considered the submissions of the learned Advocate for both the parties and perused the impugned judgment and all other evidence on record. It is not disputed that the suit was decreed ex parte and the defendant challenged the ex parte decree by fili......rt of the District Judge has not been defined in the Family Court Ordinance, 1985. I am therefore, in respectful agreement with the view expressed by a single Bench in the case reported in 53 DLR 152 holding "District Judge" means the "Judge of the Principal Civil Court" of the District. The "Distri..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......suit which is liable to be dismissed with cost. 4. During the trial the learned Assistant Judge of the trial Court dismissed the suit by judgment and decree dated 12‑6‑2000 and 2‑16‑2000 holding that the suit was not maintainable. 5. Against the said judgment and decree of the tria..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....tural justice. 49. In Muslimuddin and others Vs. State (Supra) Appellate Division dealt with purpose and necessity of cross-examination and laid down: In a criminal trial determination of a disputed fact is the main task before the Court and such determination is dependent upon considerati......pon deceased Nilufar. So-called Second Judicial confessional statement could not be and cannot be used at all against convict-appellant-petitioner. Learned Trial Judge committed a grave error in holding that statement of accused Md. Belal, Exhibit 3, if considered independently along with circu..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....ners have been in possession of the case property by dint of the Registered Kabala executed by the Court on behalf of the Judgment-debtor Md. Abdul Kaiyum in favour of Md. Atiqullah, However, it is undisputed that the suit for specific performance of contract (Title Suit No.395 of 1981) was decree......ill not interfere therewith, on the ground of mere unsatisfactory disposal of a case. 22. On the contrary, Mr. Abdul Wadud Bhuiyan submits that the Court of Settlement exceeded its jurisdiction in holding that the writ of delivery of possession is not reliable and that the ownership of the case p..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......on for Bangladesh and Article 119 of the Constitution speaks of the function of the Election Commission and the Election Commission has the plenary power of superintendence, direction and control for holding free fair and transparent election. He further submits that when a power is giving..Category: Election Law | Date: 24 May, 2005 | Hits: 11
....ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
......ion
of justice or operation of any Court of law in Bangladesh or to restrict or
limit access of all persons to the Court, their administrative officers and their
precincts and from bringing out or holding any procession Rally or human chain or
sit-in-strike in the Supreme Court premises or any C..
Category: Others | Date: 23 May, 2005 | Hits: 13
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ...... injuries from the attending doctor lodged the first information report. 3. On the basis of such allegations Kushtia PS case No.11 dated 4‑3‑1993 was started. The investigating officer after holding investigation submitted charge-sheet against the opposite party No.1 Akram Sheikh @ Akram an..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......sed the said decision and found that the same arose out of conviction and sentence by the Session Judge duly affirmed by the High Court Division and that the proceeding was quashed by this Court holding that the conviction was based on no evidence and accordingly allowed the appeal. The applica..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....bandoned property. The Government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property merely because the same is disputed by the claimants". Similar view has been expressed in the case of Hazerullah and anoth......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......ot having challenged the said Rules as ultra vires the Constitution and the grievances raised in the writ petitions are regarding seniority in the service, the High Court Division erred in law in not holding that the writ petitions are not maintainable. The learned Counsels further submitted that th..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......t for our perusal. It appears that except memo dated 27‑3‑1986 issued by the Administrative Officer, Mohammadpur Housing Estate, Dhaka acknowledging payment of the lease money of the case holding other documents were filed along with application under section 7 of Ordinance 54 of 1985 by..Category: Property Law | Date: 4 May, 2005 | Hits: 115
....ased) from whom
the Government requisitioned the same on 1.1.1948 for housing a Urdu Medium
School and after the emergence of Bangladesh it was renamed as New Government
Girls High School. It is undisputed that the Deputy Commissioner, Dhaka by his
order dated 27.3.1973 derequisitioned the said ......f the
petitioners, briefly, be put thus:-
The father of the
petitioners Alhaj A.M. Sharfuddin (now deceased) was the owner of 0.34 acres of
land along with a two storied building at Municipal holding No.2, K.P. Ghosh
Street, Armanitola, Dhaka. Thereafter Alhaj Sharfuddin died on 5.8.81 leav..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ...... inquiry into the case and submit the report by 30-6-2004. It is further stated that the learned Additional District Magistrate, Sylhet filed an application praying for relieving him from the duty of holding the inquiry into the case, as he was preoccupied with adjudicating other matters. The Tribun..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....r in setting aside the order of the SCC Court on the view that no security was furnished for compliance of the judgment of the SCC Court. 13. The learned Counsel for the Respondent submits that undisputed position being that defendant-appellant was not the tenant in the premises in suit and that...... was not required to furnish security "on a previous application made by him in this behalf, for the performance of the decree or compliance with the judgment" the High Court Division was in error in holding that as the petition was filed by the appellant seeking setting aside of the ex parte decree..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ...... been annexed as Annexures A and B to the writ petition. 3. The applications for addition of parties, Md. Ziauddin and three (3) others, are residents of 104 BCC Road, contiguous building to the holding Nos.105 and 106 BCC Road of the writ petitioner. It has been contended that at the instance ..Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ...... south‑facing dwelling hut and by pressing her mouth committed rape upon her against her will. At the end of rape when she started weeping he rubbed his hands on her head and tried to pacify her by holding out many allurements. He consoled her by saying that he would marry her and would take her t..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......e himself took up inquiry into the case, went to the place of occurrence, prepared inquest on the dead body of victim Salma and sent the same to Gopalgonj morgue for post‑mortem examination. Doctor holding post‑mortem examination gave opinion that the death of the victim was due to shock as a re..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ......matter and for rectification of bills and a copy of which was also served on other respondents. Though the respondents received the copy on 22‑5-2001, they turned a deaf ear to the request for holding enquiry and for rectification of the telephone bills. On 27‑5‑2001, respondent No.7 sent..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....ondent who is the only son of their elder brother. The gift was confirmed by a declaration of gift on 15.01.1971. The respondent along with the members of his family was in peaceful possession of the disputed properties at 426 and 427, Ansari Mansion, Enayet Bazar, Batali Road, Chittagong from long ...... of abandoned buildings published in the Bangladesh Gazette on the 23rd September, 1986 under Ordinance No. 54 of 1985. The respondent then filed. Case Nos. 1084 of 1987 and 183 of 1988 in respect of holding Nos. 426 and 427 respectively before the Court of Settlement which dismissed both the cases ..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
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