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Joynal Abedin Vs. State, 2011, 40 CLC (HCD)

....han being Investigation Officer deposed that he visited the place of occur­rence and prepared sketch map and index thereof which he proves as exhibits-3 and 4 respectively. He testifies the recorded statements of witnesses under section 161 of the Code of Criminal Procedure and submitted charge-she......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ..

Category: Criminal Law | Date: | Hits: 36

Abdul Hamid others Vs. Abul Hossain Mir, being dead, his heirs: Abdus Sobhan Mir & others, 1983, 12 CLC (HCD)

.... wrongly recorded in the khatian as properties owned by the co-sharers on the basis of inheritance from Arman Mir and Jamiruddin Mir. 3. The defendant Not. 2, 19, 35 and 43 by two separate written statements contested the suit. They have alleged that Arman Mir and Jamiruddin Mir were not full bro...... B series, to prove original tenancy of Arman Mir with respect to the lands of Batwara No.38. Court of Appeal below in this connec­tion observed that by the dakhilas ext. B series showing payment of rents with respect to the entire lands of the khatians, the in­terest of the co-sharers remain unaf..

Category: Procedural Law | Date: | Hits: 25

Bangladesh Environmental Lawyers Association (BELA) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....tatives of the offices of the Respondents was formed by Respondent No.4. 8. On the flimsy plea of implementing the Annual Development Plan (ADP) for the year 2009 and completely ignoring the clear statements of Respondent Nos.1 and 9 to the contrary an inter-ministerial meeting held on 24.3.2009 ...... system of the concerned area intact and that no other Ministry shall have any say in this regard. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 185. ..

Category: Environmental Law | Date: | Hits: 362

Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)

....gment and he has been allowed to make submission, if any, before the delivery of the judgment. Mr. Abdul Baset Majumder, the learned Advocate for the accused-petitioners has taken us through the FIR, statements of witnesses under Section 161 Cr.P.C charge sheet and other materials on record and subm......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)

.... He stated that during investigation he visited the place of occurrence, examined the witnesses under section 161, Cr.P.C. and forwarded two wit­nesses to the Court of Magistrate for recording their statements under section 164, Cr.P.C. He further stated that he prepared the inquest report on the d......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

Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)

....nexures, counter-affidavit and supplementary affidavit filed by the petitioners. It appears from the petition of complaint, annexure-A, and the plaint of Money Suit No.26 of 2001, annexure-C that the statements in the complaint as well as the plaint are verbatim same. It also appears from the compla......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ..

Category: Criminal Law | Date: | Hits: 114

Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)

....per, C1D Khulna Zone, Khulna, took up the investigation, visited the place of occurrence, prepared sketch map with separate index of the place of occurrence, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. 4. He arranged to record the conf......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

Sree Samir Kumar Nath and Others Vs. Government of the People’s Republic of Bangladesh and another, 2012, 41 CLC (HCD)

....above observations, however, without any order as to cost. The order of status quo granted earlier is vacated. Send down the lower Courts’ records. Ed. This Case is also Reported in:  ...... Court of Munsif at Jessore on the averments, inter alia, that the land as described in Ka and Kha schedules of the plaint originally belonged to Kalipada Nath and Sudhir Kumar Nath. Due to arrear of rents, a certificate case was initiated in respect of the Ka scheduled land and ultimately it was so..

Category: Property Law | Date: | Hits: 57

Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)

....n record and the contents of the pleadings, I find nothing to disagree with the concurrent decision of the Courts below about the failure of plaintiffs to prove the fact the licensee. 19. From the statements of P.W.1 and 2 and the two D.Ws.1 find nothing to indicate that defendants by conduct or ......f-petitioners, Keramat Ali, the maternal grandfather of the defendants was a licensee initially for 6 months and thereafter it was extended from time to time and after the death of Keramat Ali, the parents of the defendants and afterthem the defendants themselves arelicensees. 14. On the other ha..

Category: Civil Law | Date: | Hits: 123

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. ......rn portion of the suit land and since then they have been enjoying the possession thereof by erecting dwelling huts and demarcating the area with boundary walls on payment of Government and municipal rents. 4. In this background of the case the plaintiff‑petitioner on an application on 1‑12..

Category: Civil Law | Date: | Hits: 59

Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)

....n considering the materials on record rightly sent the case back on remand to the trial Court with a direction to accept the deficit Court fees and pass Judgment afresh. On considering the plaint and statements of the witnesses the appellate Court took positive decision which at this stage under rev...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ..

Category: Property Law | Date: | Hits: 48

Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)

....vestigation and during investigation, he visited the place of occurrence, prepared sketch map with separate index thereof, arrested the accused and sent him to the Court, seized alamats, recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. 4. On completion......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

Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)

....gma Huda, along with two learned Advocates, entered appearance on behalf of the RAJUK on 22-12-2005, but the respondents have not filed any affidavit-in-opposition till today. Therefore, the material statements made in the writ petition and the supplementary affidavit have not been controverted. ......tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ..

Category: Property Law | Date: | Hits: 64

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....ami. This Division in the attending circumstances refused to recognize the alleged right of the “bonafide” allottees and ordered stoppage of construction and demolition of existing structure. The statements of law argued on the question of bona fide purchaser for value without notice of any rest......ause (ff) speaks about tenant’s liability to pay higher rent or their entitlement to get adjusted if enhanced or determined under sections 19(3) or (5) or 53 of the Act. Clause (g) says that arrear rents shall be recoverable under the Public Demand Recovery Act, 1913 and clause (h) provides that t..

Category: Environmental Law | Date: | Hits: 434

Millan Miah and another Vs. State, 2012, 41 CLC (AD)

....ence, prepared the index and sketch map thereof and seized alamats, and after preparing inquest report, sent the dead body of Shahidul Islam to the morgue for post mortem examination. He recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and collected post m......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

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

....90 in the Court of Subordinate Judge and Artha Rin AdalatNo.1,Chittagong, claiming an amount of Tk. 8,89,94,800.22/-against the petitioners and others. The petitioners duly appeared and filed written statements in the suit denying the claim of the respondent No.3. While the suit was pending, there w......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ..

Category: Civil Law | Date: | Hits: 112

Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)

....y with the local Ward Commissioner. She next submits that the prosecution miserably failed to prove the case against the appellant beyond reasonable doubt by adducing witnesses who gave contradictory statements as to the material particulars of the case. She next points out that the seizure list wit......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ..

Category: Criminal Law | Date: | Hits: 95

Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)

....ion he found that miscarriage was done against the will of the deceased. He further stated that he visited the place of occurrence, prepared sketch map, Ext.8 with separate index, Ext.9, recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and then after compl......-examination he stated that septicaemia is an infectious disease. It might be caused due to external or internal infection. So far he could remember the deceased was admitted in the hospital by her parents and mother-in-law, but that fact he did not mention in his report given to the police station...

Category: Criminal Law | Date: | Hits: 69

Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)

....s Ltd. lodged the case against the accused petitioner for misappropriating total taka 38,97,680/- without giving any date and particulars of misappropriating the said money. We have also examined the statements under section 161 Cr.P.C. of the witnesses-as evidenced by Annexure-C to the application,......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ..

Category: Criminal Law | Date: | Hits: 92

Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)

....onded himself and thus failed to explain as to how his wife, the deceased had met with the death. He further submitted that the learned Additional Sessions Judge was totally wrong in relying upon the statements of the two witnesses, namely, P.Ws.10 and 17 allegedly made before the Magistrate 1st cla......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ..

Category: Criminal Law | Date: | Hits: 80