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State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......vil Suit No.230 of 2002 against her. She stated that a false case had been filed against her husband because she was a witness in this case and denied having received any money as payment for sale of land. 13. Abul Hossain, deposing as P.W.5, stated in his examination-in-chief that he came to the......s directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......ole occurrence from the roof of house No.45 in Taherbag, is believable as they have stated that there was no obstruction to their view from that place to the place of occurrence. She submits that the question whether the informant embraced her husband before he was shot or afterwards is not so mater..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....¦¯à§à¦•à§à¦¤ হইবে।†5. It was also stated in the application that on 24-05-1995 the plaintiff was dispossessed from the suit premises and on 28-11-1998 defendant No.2 was inducted in possession who on 06-03-1996 changed the structures situated thereon. 6. Defendant Nos.1 and 2 co......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......€¦â€¦.Opposite Parties Judgment August 21, 2006. Result: The Rule is discharged. Cases Referred to- Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 48 DLR (AD) 120; Jinnat Ali Muktear Vs. Abdul Majid, 27 DLR 385; Nizamuddowla Vs. Nurul Islam and others, 22 DLR 277; ...... Hosna Ara Begum-For the Petitioner. Abdul Quyum, Senior Advocate-For the Opposite Party No.1. Civil Revision No.1729 of 2000. Judgment Syed Mohammad Ziaul Karim J.- This Rule, calls in question, the legality and propriety of the order dated 25-10-1999 passed by the learned Subordinate..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
.... is collusive, fraudulent, void, forged and without jurisdiction and also for partition of the suit land. 3. The plaintiffs case, in brief, is that Habibulla father of plaintiff was the owner in possession of 19.90 acres of land in C.S. Khatian No.408 in Mouza Zoarshahara; that Habibullah died ...... of Subordinate Judge, Dhaka for declaration that the registered kabala deed No.140 dated 13-01-1938 is collusive, fraudulent, void, forged and without jurisdiction and also for partition of the suit land. 3. The plaintiffs case, in brief, is that Habibulla father of plaintiff was the owner in ......llip;………………….Opposite parties Judgment August 8, 2006. Result: The Rule is made absolute. Cases Referred to- Md. Serajuddin Ahmed and others Vs. A.K.M. Saiful Alam and others, 56 DLR (AD) 41; Kessarbai Vs. Jethabai, AIR 1......med that original document was lost. He submits that the onus being upon the plaintiff to show that the plaintiff Fuljan Bibi did not put her LTl's at the time of registration of the documents in question rather the same was registered by forging her LTI's, so the plaintiff-petitioners filed..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......elation between the plaintiff No.1 and the defendant No.1 and still there is no relation between them. The character of the mother of the defendant No.1 is not also good. The defendant No.1 is a poor landless woman, who lives on working as maid servant in others family. Whereas the plaintiffs are re......der as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......No.09 of 200 allowing the appeal and reversing the judgment and decree dated 2.11.2000 passed by the Subordinate Judge, Magura in other Class Suit No.6 of 2000 dismissing the suit have been called in question. 2. The opposite parties as plaintiffs instituted other class Suit No.06 of 2000 in th..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
....
2. The opposite party nos.1-13 as plaintiffs filed Title Suit No.29 of 1986 in the Court of Subordinate Judge, Jamalpur for declaration of their title in the suit land and recovery of possession in which the petitioner, the Deputy Commissioner (Revenue), Jamalpur was impleaded as the......shy;mand for retrial.
2. The opposite party nos.1-13 as plaintiffs filed Title Suit No.29 of 1986 in the Court of Subordinate Judge, Jamalpur for declaration of their title in the suit land and recovery of possession in which the petitioner, the Deputy Commissioner (Revenue), Jamalpur......e Opposite Parties.
Civil Revision No.2275 of 1994.
Judgment
AKM Fazlur Rahman J.-This Rule issued on an application under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 31.3.1994 passed by the District Judge, Jamalpur in O.C. App......992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
..
Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ppellants were carrying the money outside country or bringing it within Section 25B(1) is the prescribed punishment for smuggling of articles mentioned therein including currency 25B(2) or relates to possession or control of smuggled goods for the purpose of sale. From plain reading of the First Inf......em with ulterior motive. 7. If the entire allegation in the First Information Report that the accused appellant No.1 had been carrying 13 angled is he hundi money from Godagari area to Sonamashjid land port with a view to smuggling them into India and alleged recovery of Bangladeshi taka from the......s.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....ble consideration; that after purchase the opposite party No.2 filed a petition for mutation and mutated his name. It is also asserted by these opposite parties that the petitioner had or has no possession in the property contained in the will and probated in favour of the opposite party No.1; ......5. It is further stated that the petitioner is a service holder and as such it is not possible for him to manage the property as contained in the will and furthermore, Shishubala Roy resides upon the land as contained in the will and in this view of the matter, the petitioner gave a general power of......hellip;………………Respondents Judgment July 19, 2006. Result: The Appeal is allowed. Cases Referred to- Brajabala Vs. Tarapada Saha Minor and others, 11 DLR 1959 page 40; Pannu Geegania Vs. Devi Proshad AIR 1963 MP15; Juttendromohun ......t Dhameswar Hazra and Laba Krishna Hazra are not the brother of Fakuram Hazra and as such the petitioner and others are not entitled to challenge the will and probate. 25. Now the pertinent question for determination is that whether Fakuram Hazra had two brothers namely Dhameswar Hazr..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....ed 1.12.1920. The said Gurucharan Nath Sarker died leaving behind his son Joy Charan Nath Majumder. Then Joy Charan Nath Majumder died leaving the plaintiff as his heir. The plaintiff had/has been in possession in the suit land. In Chaitra 1387 B.S. the plaintiff had gone to pay rent for the suit la......udgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ...... with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......tle the plaintiff to get a decree………………………….(9 & 10) The appellate court is the final court of facts and the decision on question of facts by the appellate court can not be interfered with by the High Court Division in ex..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....site-parties want to repair the suit shop house (tin shed house). As such, the opposite-parties served notices upon the petitioners under section 106 of the Transfer of Property Act asking for vacant possession of the suit shop house in their favor by 31-1-1997. The opposite-parties terminated the l......e gone into. It transpires that the facts and circumstances of that case are quite distinguishable from those of the instant case. So, the principle that has been enunciated in that decision that the landlords had in their hands unadjusted amount of money paid by the defendant tenant who could be ea......Case is also Reported in: 61 DLR (HCD) (2009) 518. ......is ex facie clear that the petitioners got more than 15 days' prior notice as contemplated by law and in this view of the matter, the notices under section 106 of the said Act cannot be called in question. 14. It is also the submission of Mr. ASM Kamal Amroohi Chowdhury that there may be so..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
....ulana Mohammad Baker Siddique Jounpuri, Babor Sidique before the Court of Joint District Judge, 2nd Court, Dhaka for declaration that the 'A' Schedule property as stressed property, a decree for khas possession of the B & C schedule property after evicting the Defendants, a decree for permanent ...... Defendants, a decree for permanent injunction restraining the Defendants from evicting the tenant of the plaintiff from the 'D' schedule property and changing the natured and character of the vacant land and giving lease or transfer or construct any stracture in the 'C' schedule property to any oth......ivil Revisional Jurisdiction) Present: Mir Hashmat Ali J ABM Hatem Ali J Moulana Mohammad Baquer Siddiqui…………………………………………….Petitioner Vs. Tamizuddin Khan Trust Estate and others……………………………………..Opposite Parties Judgm...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....r for any other person any valuable thing or pecuniary advantage. Further, according to section 5(1 )(e), a public servant is said to commit criminal misconduct if he or any of his depenÂdents is in possession of pecuniary resources disproportionate to his known source of income for which the publi...... 5,48,70,800 has not been paid as yet. It is stated that Special Case No.11 of 1992 and all other subsequently filed appeals conclusively established that the tranÂsactions involving transfer of the lands of Plot Nos. 49, 49A, 49B and 49C of Kawran Bazar Commercial Area were done by the respondent ......erned authority for information and necessary action in accorÂdance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ...... and without jurisÂdiction for the balance amount in C Case No. ১৯ জরিমানা/২০০১ which is pending and, as such, the Rule is liable to be discharged. 17. Since complicated questions of law of great public importance have arisen we have invited the learned Senior Advocates..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......ficer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......When Nari-O-Shishu Nirjatan Daman Tribunal directs for release minor girl, victim of an offence under the Ain and allowed custody of the minor to her mother no person or organization is authorised to question validity of the order under section 31 of the Ain. No person or organization can ask for sa..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
......................................
(vi) being a
director or an officer of the issuer of a listed equity security or a
beneficial owner of not less than ten per cent of such security who is in
possession of material facts omit to disclose any such facts while buying or
selling such security.......thers Vs. Securities and Exchange
Commission and another, 50 DLR (AD) 189 at page 192 para 16; Dhaka Ware House
Ltd. and Another Vs. Assistant Collector of CusÂtoms and others, 11 BLD (AD)
327; Inland Fisheries Development Ltd. Vs. Bangladesh and others, 5 MLR (AD) 71.
Lawyers Involved:
......udgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
......ntitled to get any
opportunity of beÂing heard and no show cause notice is reÂquired to be served
upon said accused person…………………………………(31)
Writ
jurisdiction and question of fact
Whether anyone has
violated any of the terms and conditions of the agreemen..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......ns are merely policy guidelines in respect of certain matters concerning the business of the Government. These do not create any legal right in favour of any person to ask for return of unutilized land validly acquired under the law." 34. In the case of Secretary, Internal Resources Divisio...... copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......ecame ex officio members of the parlement, entitled to deliberate and to vote on any matter. It was held in a special chamber aux plaids, palace which was the fixed seat of Parliament. 19. In England, it dates back to nearly one thousand years. Long before the Norman conquest in 1066, there use......out any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......arge of the National University is empowered to perform the routine works in the absence of the Registrar as such he had no jurisdiction to issue the order of suspension and show cause notice in question. 9. The Learned Advocate relying upon the decision of the case of Anwarul Huq Khan Vs...Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....mony of P.W.2. These two witnesses stated that they recovered 500 grams of heroin is in 5 packets of 100 grams each. On the other hand, P.W.1 did not mention the quantity of heroin recovered from the possession of the appellant. The specific defence plea is that no heroin has been recovered from the......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ...... be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......port of the prosecution case and that under such circumstances, if the evidence of prosecuting agency were found reliable, a conviction could be given relying upon their testimony. 10. This question arises frequently before the trial Courts. Recently, we have come across a good number of c..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......and these are: a. Petitioners as plaintiffs on 14.8.1986 instituted a suit being Title Suit No.511 of 1986 in the Court of Assistant Judge, Bagerhat Sadar, Bagerhat for declaration of title on the land described in schedule to the plaint. b. Defendants-opposite parties has been putting up cont......tely after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Ershadul Vs. State, 2006, 35 CLC (HCD)
....d. Any departure or deviation from the main story disclosed at the earlier recorded version, may be looked upon with great suspicion. In the present case the alleged phensidyle found in the possession of the appellant was not tested by a chemical examiner in order to find out whether the c......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ...... records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
.... his name. But in the remarks column of the khatian the suit land was written as “সরà§à¦¬à¦¸à¦¾à¦§à¦¾à¦°à¦¨à§‡à¦° বà§à¦¯à¦¬à¦¹à¦¾à¦°à§à¦¯”. Actually, the local people had no possession in, or prescriptive right over the suit land as such, the recital “সরà§à¦¬à¦¸à......ing judgment and decree dated 21.12.1983 passed by the then learned Subordinate Judge, Bogra in O.C. Suit No.18 of 1977. 2. The plaintiff filed the suit for declaration of title to the suit land and for permanent injunction therein. 3. The case of the plaintiff is that the suit land a......h a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
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