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Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......nd registration of deed of gift she had no right and title to transfer the suit land. But without taking any permission from his first wife plaintiff and the concerned Pourashava, defendant married a girl of Dhaka named Asha and brought in her house on 27-4-2003 and tried to stay there but she preve..

Category: Family Law | Date: | Hits: 167

Atahar and others Vs. State, 2007, 36 CLC (HCD)

....ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......umbed to his injuries. 19. On the other hand, defence totally denies such allegation stating that due to stealing of paddy the mob assembled at the place of occurrence who might have assaulted the victim Nazrul Islam and others. 20. The allegations against the accused appellants have no legal ......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..

Category: Criminal Law | Date: | Hits: 66

Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)

....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......d held post-mortem on the same. They identified the dead body to be of Budhai by his shirt, vest and a photograph taken by the police. It was also mentioned in the ejahar that the money kept with the victim and his wrist watch were not available, when the police had recovered the dead body. In the s......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 74

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......d were two of three partners in a petrol pump, which they owned in the city of Los Angeles. They both came to Bangladesh on 13.11.1999 and were due to return together on 23.11.1999. On 21.11.1999 the victim Humayun Kabir along with his brother Md. Enamul Kabir (P.W.1), nephew Md. Shakawat Hossain (P......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 94

Monir Hossain Vs. State, 2012, 41 CLC (AD)

.... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ...... at about 6 p.m. According to the prosecution version, the petitioner along with others gheraoed Kabul at the place of occurrence and then Asgar inflicted a chapati blow on the top of the head of the victim which emerged the brain from cranial cavity. Thereafter, the petitioner inflicted chapati blo...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 95

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....ed that manufacture means the change in the character of goods or materials used, so that new goods or materials come into existence. Even where the dominant work is to repair and in the process some minor or inconsequen­tial manufacture of a thing is done, the business does not become a manufactur......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...

Category: Property Law | Date: | Hits: 87

Amena Khatun and others Vs. Md. Afsaruddin being dead his heirs 1(ka) Maleka Khatun and others, 1997, 26 CLC (HCD)

....efendant No.1 contested the suit by filing written statement stating that the defendant is the real owner of the entire plot of land and has purchased the same in his name and also in benami of his 3 minor brothers and that Heba bill Ewaz deed of defendant No.4 in favour of his wife Safatunnessa was......down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ......down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ..

Category: Property Law | Date: | Hits: 63

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41.......it appears that the learned Assistant Judge, as per report dated 28-12-98, Exhibit 1, submitted by Md. Abdullah-hel-Baki, TNO rightly found that the plaintiff was not absent from school, she became a victim of the circumstances and she was illegally dismissed from her service in order to make a scop...... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41...

Category: Employment/Service Law | Date: | Hits: 118

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

.... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ...... of legitimate expectation is a concept which is akin to that a promissory estoppel and this concept has been developed in the European Community Law. According to the doctrine, where a person is the victim of an unfavourable decision taken by a public authority, this may amount to an infringement o...... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ..

Category: Employment/Service Law | Date: | Hits: 147

State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)

....large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......the testimony of P.Ws.8 and 9 who are the eye witnesses and thereby most illegally set aside the judgment and order of conviction passed by the Druta Bichar Tribunal. III. Because the death of the victim Ashid Ali having been proved by P.Ws.3,5,8 and 9 and the medical evidence also having support......large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 69

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......g the facts and circum­stances stated above and upon perusing the report submitted by the Magistrate through the Deputy Commissioner, Dinajpur, we are of the opinion that the present petitioner is a victim of wrong identity who has been put behind bars on a mistaken identity and he is not the same ......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...

Category: Criminal Law | Date: | Hits: 73

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....the entire burden of proof of his guilt lies on the prosecution alone and till that time the presumption of innocence continues" 17. The learned Sessions Judge has failed to comprehend that even a minor will be in a position to cause the death of a person while in sleep with a deadly weapon. It w......essional statement has been recorded in accordance with law after performing the formalities and that the confession is true and voluntary. PW 3 stated that he found two injuries on the throat of the victim and opined that the death was due to hemorrhage and shock as a result of the throat injuries ......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..

Category: Criminal Law | Date: | Hits: 128

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....alleged to have been created in respect of the apartment as shown in schedule-Ka to the plaint by defendant No.1 and the alleged affidavit of defendant No.1 relating to the apartment in favour of his minor daughter. In this connection, it is pertinent to quote sub-section (1) of section 273 of the C......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..

Category: Property Law | Date: | Hits: 81

Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)

....n different accounts of various banks. In the application, it is stated that Rana Dutta died leaving said opposite party No. 1 Mira Ran Dutta as wife and opposite party No. 2 Mridul Dutta (Roki) as a minor son. 3. Prodip Kumar Dutta and Usha Rani Dutta, as brother and mother respectively of said ......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571...

Category: Property Law | Date: | Hits: 69

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......inst MV Banga Biraj, her master the accused No.1 Captain AM Nasim Khan and in that case the deceased was one of the witnesses and the informant apprehends that to avoid the evidence of that case, the victim has been murdered in a pre-planned way. 5. The Chief Metropolitan Magistrate on receipt of......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..

Category: Criminal Law | Date: | Hits: 76

Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)

....09, children are in custody to the plaintiff and there is no allegation against their welfare. It is true that in Muslim Law father if alive is the natural guardian of the persons and property of his minor child. He does not require an order of the Court to support his right to act as guardian in an......ipt of this order.  Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......ipt of this order.  Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ..

Category: Family Law | Date: | Hits: 171

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....f Sumati in 1979, now they cannot challenge the alienation in the present suit as framed for partition simpliciter. 15. He submits that at the time of alienation on 14‑5‑42, defendant No.1 was minor and his father actually did everything on his behalf including taking delivery of possession. ......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..

Category: Property Law | Date: | Hits: 64

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

....levant for the purpose of the case are that, on the night following on 3‑10‑97 victim Mazeda Khatun, aged about 16 years and studying in Class Six in the local school, was sleeping along with her minor sister in their dwelling hut at village Mohadebpur, Police Station Netrokona. At about 11.00 P...... Daman (Bishesh Bidhan) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that, on the night following on 3‑10‑97 victim Mazeda Khatun, aged about 16 years and studying in Class Six in the local school, was sleepin......nd circumstances of the case and the evidence on record, the learned Special Tribunal was fully justified in convicting and sentencing the accused­ appellant on a charge of rape of a minor unmarried girl on the basis of cogent and reliable evidence and, consequently, there is no scope to interfere ..

Category: Criminal Law | Date: | Hits: 94

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

....no mutwalli; (2) where there appears to the Administrator to be an impediment to the appointment of a mutwalli in terms of the deed of waqf; and (3) where the successor to the office of mutwaili is a minor, a person of unsound mind or a person adjudged insol­vent by a competent court of law. When a...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108...

Category: Trust/Waqf Law | Date: | Hits: 188

State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)

....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......r has filed Jail Appeal No.433 of 1994 against the aforesaid judgment dated 26-2-94. Both the matters are being disposed of by this judgment. 2. Prosecution case is that on 7-9-92 at about 6-00 AM victim deceased Bhanu Bewa, mother of the condemned prisoner went to the house of the informant P.W.......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ..

Category: Criminal Law | Date: | Hits: 72