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....ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......the
other hand, the pre-emptee examined 4 witnesses to prove her case and also
produced the papers and documents as Exhibits-"Ka and Kha-1". The
learned trial court after examining the evidence on record and perusing the papers
and documents produced by both the parties in respect of their respe......ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......r Planners and working in the feeder post were given promotion in the post of Senior Planners in consideration of their past and vast experiences about 15-17 years services having a clean service record and the decision was taken by the committee presided over by Secretary, Ministry of Housing a...... The respondents being the Junior Planners and working in the feeder post were given promotion in the post of Senior Planners in consideration of their past and vast experiences about 15-17 years services having a clean service record and the decision was taken by the committee presided over by ..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......ext started to pay the rent through postal money order. Mr. Mohammad Ali further submits that the judgment of the learned S.S.C. Judge is not based on correct evaluation of the facts and materials on record and as such the impugned judgment is not a proper judgment which is liable to be set aide. Th...... his behalf. If he was not away there was no reason why the registered letter could not be served on him. As he was in arrears, there could also be no reason why the landlord should have withheld the service. In the circumstances the failure of the postal peon to actually deliver the letter wou..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ...... Later, it was sent by the Metropolitan Sessions Judge to the 5th Court of Assistant Metropolitan Sessions Judge on 30.5.2006. The 5th Court of Assistant Metropolitan Sessions Judge received the record on 4.6.2006. The case was fixed for framing of charge on 31.7.2006 on which charge was framed...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......nsequence of waiving his right to remain silent. ………………(22) Although the municipal law of Bangladesh does not provide for presence of any parent, guardian or custodian at the time of recording confessional statement, the children of Bangladesh are no different from the children of a......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ......at and since that time there has been no trace of him. Subsequently, on 19.2.81 his dead body was recovered from a well at the Baroshibaloy Mondir in village Belamla. U.D. Case No.1 dated 19.2.81 was recorded by one Jotish Chandra Mohonta (P.W.3). The police came to the place of occurrence, held inq......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......d as many as 6(six) witnesses and defendants examined 4(four) witnesses to prove their respective claim over the suit property and after concluding the trial of the case and examining the evidence on record and also perusing the papers and documents produce by both the parties, the learned trial Cou......ummons were duly and properly served upon the defendants through process server in proper addresses of the defendants and the defendant did not practice any fraud upon the plaintiff in respect of the service of the summons and notice. 6. The further case of the defendants is that as a matter of f..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....t the accused petitioner after breaking the mutual trust misappropriated the huge amount given to her by the complainant, the question of exhausting the money for maintaining the family does not hold good. It appears that the accused petitioner betraying the mutual trust which is the basis of mainta......itioner. 4. Mr. M. Moksadul Islam, learned Advocate, appearing for the petitioner submitted that the High Court Division failed to apply its judicial minds in assessing the evidence and materials on record and the provision of law applicable thereto and to appreciate the facts and circumstances of ......n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11...Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......s belonged to Kabul Bibi in 16 annas share and the C.S. Khatian was accordingly prepared and published in her name along with other lands. It is further alleged that the suit land was subsequently recorded in S.A. Khatian No.59 together with other- lands in the name of the said Kabul Bibi and th......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......rtheless, the prosecution must establish the charges beyond all reasonable doubt………………………………(33) First information report First information report being the first recorded version of the prosecution case, it is of great importance. It can be used to corroborat......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)
....ED again changed its name to BAYER CROPS CIENCE LTD. by observing all formalities, including obtaining permission from the BOI on 14.12.2002 (Annexure-"F') and that sincethen the Company has earned a good reputation in conducting its business in Bangladesh. 3. The Company being engaged generally ...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......terinary Pharmaceuticals, Animal Nutrition, Chemical Manufacturers, Bio-Science (Seed), Environment Health, Material Science, Animal Health, Human Health and all other activities ancillary or related services rendered thereto." 6. Upon the learned Advocate's explanation and submission to that eff..Category: Company Law | Date: 12 Feb, 2008 | Hits: 123
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....ries a second husband in which case the custody belongs to the father. In the present case the boy is of 7 years now and the mother has already married a second husband and apparently not living in a good condition. 25. The law of the custody is not concerned with protecting "proprietary" right a......warrant any interference by this Court in exercise of the power under section 115 of the Code of Civil Procedure. 15. Heard the learned advocates for both the sides, gone through the lower Court's record, materials on record and perused the depositions of P.Ws. and D.Ws. the findings of the Court......ht to the custody of the son and now she is not entitled to have the custody of the son. Moreover, the petitioner in support of her contention submitted that she divorced her second husband and is in service and has been earning to maintain the child as of the standard of his father. The appellate C..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....rts below stand maintained. 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: 61 DLR (HCD) (2009) 804. ......ile title and adverse possession therein as in the present case. The appellate Court whether reversing or affirming the decision of the trial Court must independently consider the evidence on record but in the case of affirming the findings of the trial Court, the narration of the entire ev......rts below stand maintained. 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: 61 DLR (HCD) (2009) 804. ..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......de which has been filed with the revision application (though has not been made as Annexure) it appeared that in the application it was specifically asserted that the defendants on examination of the record found that the plaintiffs filed some illegible Photostat copies of the documents which were s......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ...... was taken in the interest of public safety and public order. It has to satisfy the High Court Division which is an obligation cast upon the Court by the Constitution, that there were materials on record as would satisfy a reasonable person to justify the order of detention." 23. Als......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......iled the case. 3. SI Mehedi Hassain 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. Thereafter he submi......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ...... the Government. 9. On the other, Mr. Md. Abdun Nur, the learned Advocate appearing on behalf of the respondent No.3 after placing the writ petition, affidavit-in-opposition and other materials on record submits that the writ petition itself does not disclose any cause of action to file the writ ...... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......t which was filed prior to the commencement of the Ain, 2003. (2) Whether the impugned order is lawful. 8. Perused the writ petition, affidavit-in-opposition and considered the materials on record. 9. Most of the facts of the case are admitted. So, we do not feel it necessary to repea......ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....1343 BS corresponding to 1936 AD has been living in the suit land by erecting the houses after obtaining the Hokum Nama from the original owner Mukunda and, as such, the plaintiff have acquired a good title by way of right of adverse possession. The defendant also admitted and gave a suggestion......aborty was the superior landlord in Mirashi right in 'A' schedule land and while the same was under his management one Bhama Baishnabi was given shelter in the suit land by the said Govinda and CS record was recorded in the name of the said Bhama Baishnabi. About 60 years ago the said Bhama Bai...... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......pt any particular school say, Dayabhaga law. In the case at hand, the assessee claimed to have accepted and followed Mitakshara school of law and accordingly, filed returns at least since 1989 as per record and the income tax authorities also recognized and accepted such claim. There is also no bar ......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
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