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Mainuddin Vs. State, 2010, 39 CLC (AD)

....in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259......tigation submitted a report with a recommendation to discharge the accused persons. The informant filed a naraji petition on 1st April, 2006 against the police report. The learned Magistrate sent the case for further investigation. Being aggrieved by that order, the informant filed a revision petiti..

Category: Criminal Law | Date: | Hits: 24

Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)

....r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ......directed against the judgment and order dated the 18th day of May, 2009 passed by the High Court Division in Criminal Misc. Case No.1576 of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the accused, Jamal Uddin for his business purpose on 14.08.2002 took TK. 5,..

Category: Criminal Law | Date: | Hits: 39

Abu Taher and others Vs. State, 2009, 38 CLC (AD)

....ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ...... sentencing them to suffer imprisonment for life and to pay a fine of TK.3000.00(three thousand) each in default to suffer rigorous imprisonment for 1(one) year more. 2. The facts involved in the case, in short, are that Md. Sayed Ali, informant, lodged FIR on 17.07.1994 stating that he along wi..

Category: Criminal Law | Date: | Hits: 31

Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)

....dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ...... against the judgment and order dated the 2nd day of June, 2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the complainant is an organization registered under the Co-operative Societ..

Category: Criminal Law | Date: | Hits: 45

Md. Khayruddin Vs. State, 2009, 38 CLC (AD)

.... petitioner. Preparation of the paper-book is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC(2010) 1018. ...... of 8 (eight) prosecution witnesses, 6 (six) of them are police officials and only P.W.6 and P.W.7 the seizure list witnesses, are the members of the public and none of them supported the prosecution case about recovery of arms from the petitioner, that Pw.6 was even declared hostile by the prosecut..

Category: Criminal Law | Date: | Hits: 41

Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)

....ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......gth. The Court of Appeal below observed that the Kabuliyats being unilateral documents can not be accepted as has been acted upon unless the landlords accepted rent from the tenant and in the instant case the plaintiffs had failed to prove their claim of settlement by filing rent receipts. The Court..

Category: Property Law | Date: | Hits: 27

Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)

....of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ......34 of 1998 dismissing the appeal affirming those dated 26.02.2009 passed by the Subordinate Judge, 1st Court, Faridpur in Title Suit No. 8 of 1993 decreeing the suit. 2. The facts involved in the case, in short, are that the deed mentioned in ‘Ka’ schedule of the plaint bearing No.4524 dated..

Category: Property Law | Date: | Hits: 29

M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)

....e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ..

Category: Property Law | Date: | Hits: 34

Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)

.... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......was advertised for sale on auction. 3. Then the petitioners made an application under Order XXI rule 58 read with section 151 of the Code of Civil Procedure for release of the attached land. Their case is, that Azhar Ali Mirdha, predecessor-in-interest of opposite party Nos. 2 to 9 was owner in p..

Category: Property Law | Date: | Hits: 27

Rezaul Karim Chowdhury (Md) & others Vs. Court of District Judge and Bankruptcy Court Chittagong and others, 2001, 30 CLC (HCD)

.... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 122. ....... 2 of 1999 as per Rule 4(1) of the Bankruptcy Rules, 1997 before Court of District Judge and Bankruptcy Court, Chittagong against the petitioners and the proforma respondent No. 3 as defendants. The case of petitioners is that section 9(2) of the Bankruptcy Act provides that a formal demand shall h..

Category: Banking Law | Date: | Hits: 127

Khan and Company Ltd. Vs. Presiding Judge of the District Court and others, 2000, 29 CLC (HCD)

.... were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as possible. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 121. ......it if the defendant raises a triable issue, but we find that the paragraph 4 as quoted above did not contain any triable issue. Leave to defend should be granted if there is an arguable defence and a case is put forward which a court will have to enquire into and come to a decision. But if the alleg..

Category: Civil Law | Date: | Hits: 64

Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)

....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ...... police can make such arrest. 3. We have perused the confidential file of the Government where the grounds for arrest under section 54 of the Code of Criminal Procedure have been mentioned. In any case, we cannot accept the argument of Mr. Islam that the arrest was made with a view to detain him ..

Category: Criminal Law | Date: | Hits: 34

Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)

..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......al Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for a period of 1 (one) year more. 2. The prosecution case, in short, as it appears from the materials on record is that on 29‑5‑1995 at about 1100‑..

Category: Criminal Law | Date: | Hits: 38

Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)

....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......1988 before the Chairman, Court of Settlement, Dhaka under Section 7(1) of the Abandoned Buildings (Supplementary Provisions) Ordi­nance, 1985 (Ordinance No.54 of 1985) stating, inter alia, that the case property belonged to Rafi Ahmed Fidai who got the same by way of allotment from the then Govern..

Category: Property Law | Date: | Hits: 30

Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)

....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195....... of by single judgment and restoring those dated 22-7-1969 of the Sub­ordinate Judge, First Court, Comilla in Partition Suit No.15 of 1968 decreeing the suit-in-part. 2. The fates involved in the case, in short, are that Idris Mia, predecessor of the appellants as plaintiff filed Title Suit No.1..

Category: Property Law | Date: | Hits: 29

Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)

....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......wer Hossain son of Mubarak Hossain, later her brother being informed of the whereabouts of the victim rushed there and recovered her with the help of Cantonment police station. 3. Subsequently the case was sent to Rupganj PS since the alleged occurrence took place under Rupganj PS and registered ..

Category: Criminal Law | Date: | Hits: 37

Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)

.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......No.1 showing service of summons upon Azizur Rahman on 19-7-1992 one Asanullah knowing about the impugned decree informed to Abdus Sattar son of Azizur Rahman who being next friend filed miscellaneous case under Order IX rule 13 CPC for setting aside the ex parte decree and for restoration of the sui..

Category: Property Law | Date: | Hits: 44

Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)

....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......nce of plaintiff-petitioner to dispose of the suit, which in three months from the date of receipt of the record and the said direction was not complied with. This Court in disposal of Civil Revision case directed learned Assistant Judge to disposed of the Report submitted by the learned Advocate Co..

Category: Administrative Law | Date: | Hits: 236

Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)

....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......ffs for declaration that the judgment and decree passed by the learned additional Assistant Judge, 3rd Court, Dhaka in Title Suit No.51 of 1997 is void and is not binding on the plaintiffs. 3. The case of the plaintiffs, in short, is that the suit land measuring about 96 decimals appertaining to ..

Category: Property Law | Date: | Hits: 39

Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)

....end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......aneous Case No.59 of 1979 under Order 9, rule 13 of Code of Civil Procedure on 29.4.78. 2. Short facts are that opposite party No.1 brought a Partition Suit against the petitioner of this Revision case in the court of Munsif, Sadar, Rajshahi being Partition Suit No. 200 of 1975 but without servic..

Category: Procedural Law | Date: | Hits: 66