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....Mir first came over to this village and settled down and acquired the properties; thereafter, Jamiruddin Mir came to reside with his step brother Arman Mir and that both of them acquired separate independent properties. Subsequently there had been a partition between the superior landlords under...... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
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Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ...... The said direction was received by the Court of Settlement on 13.10.2004. But the petitioners were not notified by the Court of Settlement and several dates were adjourned due to non availability of appointment of member and appointment of lawyer for conducting the case of the Government. 18. Su..Category: Procedural Law | Date: | Hits: 24
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....f the case of Latifa Akther and others Vs. The State and another reported in 7 BLT (AD) 282 held that "This general observation is not at all correct.......... [Section 241A and Section 265C] are two independent Sections of the Code which deal with discharge of an accused brought for trial in respec......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....se conduct appears to be suspicious, inasmuch as the so-called eyewitnesses deposed inconsistently as to the murder of deceased Abdul Motlib. Besides, their testimonies were not corroborated by any independent witness. The learned State Defence Lawyer, after placing the post mortem report, submits......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....t is hereby affirmed. 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: 13 BLC (HCD) (2008) 63. ...... dated 14-6-1997. The plaintiff was thus constrained to institute the suit challenging the said order stating that the defendant No.1 has no requisite qualification and experience of 12 years for appointment as Headmaster of the school, that defendant Nos.2-7 and 10-12 were not Members of the Ma..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......of the matters in dispute; after participating in the arbitration proceedings and not by raising any objection to the jurisdiction of the arbitrator to deal with the matter, any irregularity in the appointment of the arbitrator on account of this conduct was cured. From the conduct of the petiti..Category: Alternative Dispute Resolution | Date: | Hits: 96
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....er and materials available in the paper books and submits, that the prosecution failed to prove the alleged recovery of counterfeit money from the possession of the accused appellants by reliable and independent witnesses and that the mandatory provisions of section 103 of the Code of Criminal Proce......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ..Category: Criminal Law | Date: | Hits: 134
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....the suit land on the death of their predecessor having not been specified or ascertained they can also not be directed to execute and register a sale deed in favour of the plaintiff although in their independent capacity they have by now acquired a registered lease deed in their favour in respect of......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
.... 19. However, the period of time when the owner concerned of the disputed property in the instant case is alleged to have left the country and gone to India, is subsequent to the emergence of the independent Sovereign State of Bangladesh. After the emergence of Bangladesh only those propertie......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..Category: Property Law | Date: | Hits: 64
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
.... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ...... The said direction was received by the Court of Settlement on 13-10-2004. But the petitioners were not notified by the Court of Settlement and several dates were adjourned due to non availability of appointment of member and appointment of lawyer for conducting the case of the Government. 18. Su..Category: Property Law | Date: | Hits: 66
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ....... Annexures‑A and B to this application show that by a notice dated 30‑9‑86 and by another notice dated 8‑9‑87 the Governing Body of the Cheora College Authority published advertisement for appointment of Lecturers and Demonstrators in the aforesaid college. In pursuance of those advertise..Category: Employment/Service Law | Date: | Hits: 72
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
.... heard about the licensee from their grand mother and paternal uncle. P.W.1 further stated that the said paternal uncle Abdus Samad is still alive. But plaintiffs neither produced Abdus Samad nor any independent witness. In consideration of such position the trial Court and also the appellate Court ......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....n Bibi was not born in the womb of Khanto Bibi. So, the plaintiffs, the daughters of Insun Bibi were not the legal heirs of Khanto Bibi. Inspite of those plaintiffs did not adduce any evidence by any independent witness to establish that the plaintiffs were the legal heirs of late Khanto Bibi. She n......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ip Justice Mr. Dorab Patel recording that "To give a bribe to a Government servant has been considered the usual thing in the sub-continent for centuries and it is also extremely difficult to produce independent evidence of the payment of bribe because bribes are always paid secretly. The Judges hav......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ..Category: Anti-Corruption Laws | Date: | Hits: 44
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......for addition of defendant‑opposite parties Nos.3 to 5 by way of amendment of the plaint, which was allowed vide order dated 1‑12‑87. The plaintiff-petitioner thereafter filed an application for appointment of an Advocate Commissioner for local inspection and report as to whether, among others,..Category: Civil Law | Date: | Hits: 59
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....rted in 8 BLC (AD) 77 wherein it has been held: "It is a settled principle of law that the lower appellate Court being final court of fact will have to discuss and re-assess the evidence on record independently while either reversing or affirming the finding of the trial Court. In a case of rever......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ..Category: Civil Law | Date: | Hits: 48
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
.... Judge erred in law in passing the impugned judgment and order of conviction and sentence which is based on mere surmises and conjectures and without any corroboration by the evidence of reliable and independent witnesses. Hence the judgment and order of conviction and sentence should be set aside a......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..Category: Criminal Law | Date: | Hits: 77
....-human rights are presented as universal and protection of the environment appears as everyone’s responsibility. Human rights and environmental law have traditionally been envisaged as two distinct independent spheres of rights. Now-a-days, the people’s perception is aroused to the notion that t......red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
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Category: Environmental Law | Date: | Hits: 434
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....nnot be mechanically rejected by saying that they are interested. We cannot find any fault with such reasoning of the High Court Division. 15. Moreover, we find from the records that P.W.4 is an independent witness who saw the occurrence from close quarters and he himself assisted in bandaging ......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ..Category: Criminal Law | Date: | Hits: 60
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....tion of the Judges. In line with Mostesquie’s classic exposition of the separation of powers, the Judiciary occupy a situation apart from the legislative and executive arms of the State and operate independently of them”. (Page 199). 21. Max Webber, an US political sociologist, in constructin......eals that in the written answer after the announcement of the 1982 increases, all that was stated was; “in the national interest to ensure an adequate supply of candidates of sufficient caliber for appointment to Judicial office. (HC Debate. Vo/23 cols 257-261, written Answer May 12, 1982). 76...Category: Constitutional Law | Date: | Hits: 413
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