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Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....investigation, visited the place of occurrence, prepared sketch map with separate index of the place of occurrence, seized some alamats through seizure-list, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. He also produced the victim before t......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ..

Category: Criminal Law | Date: | Hits: 74

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....thority (previously the Department of Housing and Settlement), also affidavits-in-opposition were submitted by respondent No. 7, Executive Engineer of Housing and Settlement Division. The gist of the statements made by the respondent Nos. 5 and 7 is that the land in question was validly acquired for...... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ..

Category: Property Law | Date: | Hits: 121

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

....ove the sewerage line and box and defendant Nos.5 and 6 to remove the semi-pacca room and the wall constructed in the suit land. 4. The defendants appeared and contested the suit by filing written statements. The case of the defendant Nos.1-4 in short is that Dhaka WASA while discharging its duty...... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..

Category: Procedural Law | Date: | Hits: 137

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....titioner and others misappropriated Taka 4,42,500 by selling 6 Taxi Cabs resorting to forgery. 3. During investigation, the Investigating Officer went to the place of occurrence and record­ed the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having found a prim......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ..

Category: Criminal Law | Date: | Hits: 92

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....ther the person was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. Such statements in law are compendiously called Dying Declarations. Such statements are admitted, upon co......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..

Category: Criminal Law | Date: | Hits: 98

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

.... submitted in due course vide Annexture–E series. It is stated that the petitioners in their reply in show cause notices categorically denied the allegations leveled against them asserting in their statements that they appeared in the examination in their specific centre and hall and that the invi......0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ..

Category: Constitutional Law | Date: | Hits: 300

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... of formation of the said enquiry committee, the Government stayed the process of appointments. The enquiry committed, at the time of holding enquiry, examined the connected papers and record­ed the statements of the witnesses as well as some persons who brought the allegations and found that there......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ..

Category: Employment/Service Law | Date: | Hits: 148

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....ore­said three V.P. Case being No.26-28 of 1988 against which the plaintiffs filed the aforesaid title suit No.117 of 1993. 4. The defendant No.1 Government con­tested the suit by filing written statements, contending, inter alia, that the suit is not main­tainable in its present form and mann......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ..

Category: Property Law | Date: | Hits: 96

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

....from the suit land, the plaintiff then constrained to file this suit. 5. The defendant No.1 contested the suit and added defendant nos. 15-19 also contested the suit by filing two separate written statements. There is no conflict of statements between two set of written statement. The defendant N......uits No.42 43 and 44 of 1958 in the Court of Munsif, 1st Court, Sylhet in the name of the deities styling Ramani Mohan as Shebait, so that she being a Baishnabi might succeed him as next Shebait. The rents suit were filed to create evidence concerning the suit land that such land were debuttar Prope..

Category: Property Law | Date: | Hits: 102

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....r stated that because of the prejudicial activities of the Petitioner many citizens of Bangladesh who intend to go abroad are denied their visas. It is further stated that there have been a number of statements in the British Press regarding the Petitioner's fanatical programmes. It is further state......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..

Category: Constitutional Law | Date: | Hits: 147

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ation received a notice dated 12-11-2007 under section 6 of the Ordinance from respondent No. 6, on behalf of respondent No. 3, directing the members of the Samity to appear before him and for giving statements about their interest in the property and fixing the next date for 25-11-2007. Respondent ......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..

Category: Property Law | Date: | Hits: 79

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....mindari sherista 54 years after the pattan-settlement that too when the estate had already stood acquisitioned, as would transpire herein later, can hardly be credited with truth. So is the case with statements made by the sup­porting witnesses examined by the plaintiff. 10. P.W. 2, an alleged v......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..

Category: Trust/Waqf Law | Date: | Hits: 114

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....stituted Other Class Suit No.11 of 2002, renumbered as Other Class Suit No.4 of 2006 and Other Class Suit No.26 of 2003 for partition of the schedule property. Defendant No.1 petitioner filed written statements in both the suits and contesting the same. 3. During continuation of the suit, on the ......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..

Category: Procedural Law | Date: | Hits: 179

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....quisition of the land of the petitioner is null and void and that the same is mala fide, and not for public purpose or public interest. 3. The respondents have contested the suit by tiling written statements alleging that the acquisition is for bona fide public purpose for the public interest. Th......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..

Category: Property Law | Date: | Hits: 85

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......missioner of Taxes consolidated the incomes claimed by the said wife and two sons under separate TIN/GIR with the income of the assessed and estimated the total income of the assessed from receipt of rents after deduction of the allowances as aforesaid. 17. First Appellate Authority also maintain..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....he PW 1 was cross-examined by the learned Advocate for the defendants, but he made no statement in the cross-examination contradicting any of the facts relating to the claim. 10. In support of his statements the PW 1 produced certain documents which were marked as Exhibit Nos. 1-9 with objections......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..

Category: Limitation Law | Date: | Hits: 174

Abbas Ali and others Vs. Sharif Hossain Chowdhury and oth­ers, 2010, 39 CLC (HCD)

....ing rents and other Government taxes and rev­enue regularly. ………………………(16) Statements of written statement if not proved by evidence, no Court can take into consideration of the statements of the writ­ten statement…………(17) The High Court Division cannot act on a ga...... of defendants are not genuine, this decree prove the fact that the defendants are in possession and their khatians were prepared legally as that have not been cancelled and the defendants are paying rents and other Government taxes and rev­enue regularly. ………………………(16) Stateme..

Category: Property Law | Date: | Hits: 80

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....be used only for corroborating a witness………………(44) Unusual delay cannot be caused in the matter of noting down statement of a witness and mandate of law demands immediate recording of statements when memory of witness remains fresh as human memory is always fleeting. Such belated rec......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....man Tusar under Section 164 of the Code of Criminal Procedure as exhibit-3 and his signature in it as Exhibit-3/1 and the signature of accused Tushar as Exhibit-3/2. He also proved the confes­sional statements of accused Abbas as Exhibit-Ska, his signature in it as Exhibit-Ska/I and the signature o......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..

Category: Criminal Law | Date: | Hits: 84

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

.... has totally failed to prove by evidence on record that the accused-petitioners before this Court had actually made, signed, sealed or exe­cuted the deed in question. 14. All the P.Ws. made their statements be­fore the Court regarding the alleged forged document on presumption, surmise and doub...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..

Category: Procedural Law | Date: | Hits: 111