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Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....the learned Advocate for the plaintiff respondent refers to us paragraph 10 of the plaint and submits that it has been clearly and specifically stated therein that the suit plots are contained in the disputed dwelling house and the plaintiff has his residence in it. The learned Advocate submits that......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....ence and accordingly urged that the sentence of two years should be enhanced to four years which is appropriate. 8. The fact that informant's mother Kushala Maya Rani met an unnatural death is not disputed by the defence. All the P.Ws. have testified to this fact. Apart from this Dr. Kazi Syed Ah......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
....1 and members of his family none else ever used it as a pathway. The plaintiff also never used it so. The defendant No.1 no longer requires the suit pathway for his passage and, therefore he sold the disputed land to defendant Nos.2 and 4. The suit land has ceased to be a pathway from before the s......f the suit pathway and from blocking plaintiff’s passage over the pathway by making construction or in any way. 3. The suit pathway measures .08 decimal of land and appertains to dag No.10317 of khatian No.1703 within J.L. No.91 under Sylhet Municipality. It is within the Rajbari belonging to t..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....ition to show any averment about the earlier complaint petition containing same allegation, and it does not disclose any reason or fresh cause of action for initiation of the 2nd proceeding. When the disputed matter once ended in compromise between the parties and the Court was pleased to make dispo......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....VIII of 1961), section 7 Talaq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of record of disputed amount of dower, the plaintiff site should produce more credible evidence e.g. the dower fi......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ..Category: Family Law | Date: | Hits: 246
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....ismiss an employee of the said body is required to act judicially and to observe the rule of natural justice in the exercise of the said authority." DC Bhattacharya J observed: “It can hardly be disputed that there is nothing in this principle as laid down in those decisions which keeps such an......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..Category: Criminal Law | Date: | Hits: 114
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....the suit on remand to the Trial Court for proper decision according to law. Learned Appellate Court rightly observed that Trial Court would be the competent forum for further evidence as above on the disputed points for appropriate legal and correct decision. 15. On above point when learned Advoc......he Rule. 2. Opposite party No.1 appeared through engaged Advocate to contest. 3. Rule being ready was fixed for hearing. 4. Learned Advocate for the petitioner refers to Ext.1 and Ext.2 C.S. khatian no.48 and S.A khatian No.15 and also refers to Ext.ka C.S Khatian 48 and shows that suit lan..Category: Procedural Law | Date: | Hits: 118
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....as such, the Rule should be discharged. 5. We have heard the learned Advocates for the accused petitioners and for OP No.1 including the learned Assistant Attorney-General for the State. It is not disputed that the right to present the cheque continues for as many occasions as the same was bounce...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ..Category: Civil Law | Date: | Hits: 163
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....mptee‑petitioners Nos.1 and 2 in their written statement that the preemption case was bad for defect of parties as the preemptor opposite parties omitted to implead other co‑sharer tenants of the disputed holding, namely, Khatian No.339. 3. Preemptor‑opposite parties examined only preemptor...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ..Category: Property Law | Date: | Hits: 155
.... rejected by implication. The learned Subordinate Judge rejected the petitioner's application under Order 7 rule 11 of the Code of Civil Procedure on assigning good reasons, which are not seriously disputed by the petitioner.
6. Where issues of law arise which go to the root of the case and are......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
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Category: Procedural Law | Date: | Hits: 152
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....r the allegation as brought against the petitioners is under Money Laundering Prevention Act or not, which is not the function of this Court under section 561 A of the Code of Criminal Procedure. The disputed matters as presented before us is to be resolved by the trial Court, on hearing the parti......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....bmitted a perfunctory charge-sheet in this case against the accused. 42. These are all about the evidences that have been given by the prosecution in this case. The death of deceased Tipu is not disputed at all in this case. The defence did not arrest or claim that the deceased had met with his......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
....istry.
2. Petitioner's Title Suit No.21 of 1989 for permanent injunction was filed against the said Ministry, later on a prayer was made for mandatory injunction to restore possession of the disputed house to the plaintiff on the allegation that after filing of the suit the plaintiff was di......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
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Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......94 in the first Court of Joint District Judge, Comilla for partition of the suit land. 3. The case of the plaintiffs, in short is that the suit land originally belonged to one AH Mohammad; that CS khatian was prepared in his name; that Ali Mohammad died leaving Arab Ali, Akram Ali, Jonab Ali and ..Category: Property Law | Date: | Hits: 85
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y positive evidence. In this view of the matter I hold that the learned trial Court was not justified in convicting the accused appellant in this case without proper examination and comparison of the disputed signature on the back of the cheque in question by hand writing expert with his specimen si......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ..Category: Criminal Law | Date: | Hits: 88
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ..Category: Criminal Law | Date: | Hits: 78
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
.... of the writ petition stated that his resignation was accepted by the Board of director of 26-12-2002 which is after the loan sanction letter and this shares were transferred later on. Therefore, the disputed question of facts as to whether this petitioner executed any grantee for the loan or was di......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ..Category: Civil Law | Date: | Hits: 154
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 155
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
.... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ...... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ..Category: Property Law | Date: | Hits: 100
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