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Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......tioned in the schedule to the plaint. The secretary of the plaintiff died on 25th March 2004, and pursuant to an application filed by the respondent on 8th July 2004, the learned Joint District Judge recorded an order of abatement of the suit on that day. Thereafter the plaintiff filed an applicatio...... abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..Category: Civil Law | Date: | Hits: 104
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ...... Any magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance, or which has been transferred to him under section 192, may, if he thinks fit, for reasons to be recorded in writing postpone the issue of process for compelling the attendance of the person compla...... Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ..Category: Procedural Law | Date: | Hits: 92
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......e information first received by the police whereupon investigation was started and the appellants were arrested is the First Information Report and that is admissible but the information subsequently recorded at 11 P.M. in the night of occurrence is not admissible in evidence and, therefore, it cann......ower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......g of the Appellate Court cannot be interfered with by this Court since the Appellate Court relief upon the Exhibit-1 which is the information slip revealing that the name of the two brothers has been recorded in S.A. Khatian. 17. The learned Advocate Mr. Subrata Saha, further argued that the D.W.......on (Civil) Present: AFM Abdur Rahman J Hashem Ali & Others……………………….Defendant-respondent-petitioners Vs. Suruj Ali & Others…………………………Plaintiff-Appellant-Opposite parties Judgment March 22, 2010. Result: The rule is made abs......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....urshid Jahan Akhter, (predecessor of the petitioners) by two registered Kabalas dated 25-7-1958 and 7-8-1958. But by mistake, the relevant SA Khatian in respect of said land along with other land was wrongly recorded in the name of Satinath Bandapaddhaya. The predecessor of the petitioners filed M......ahan Akhter, (predecessor of the petitioners) by two registered Kabalas dated 25-7-1958 and 7-8-1958. But by mistake, the relevant SA Khatian in respect of said land along with other land was wrongly recorded in the name of Satinath Bandapaddhaya. The predecessor of the petitioners filed Miscellan...... Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......neous Case by Order No. XXVI dated 1-8-1970. 4. It may be mentioned that the predecessor of the petitioners did not proceed with the Miscellaneous Case No.110 of 1969 on the expectation that the khatian would be corrected by the authority in view of the report of the Circle Officer (Revenue) Te..Category: Property Law | Date: | Hits: 115
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ...... and after investigation, he submitted charge sheet against the accused petitioner. 5. After submission of the charge sheet the case was transferred to the learned Sessions Judge, Moulavibazar who recorded the instant case as Sessions Case No.41 of 1996 and framed charge against the petitioner un......e result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ..Category: Criminal Law | Date: | Hits: 66
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......Petition that Government acquired 1.17 acres of land from plot No. 327 under CS Khatian No. 123, belonging to Abul Hossain for making Mohakhali-Tejgaon link road in LA Case No. 66/57-58. The land was recorded in SA and RS Khatian in the name of the Government. Out of the said acquired land, 0.73 acr......is reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Involved Dr. Md. Eunus Ali Akond with Fazlul Haque, Advocates — For the Petitioners. Md. Raflqul Islam (Heru) with Abul Kalam Mainuddin, Advocates — For the Opposite Party. Civil Revision No. 908 of 2002. Judgment Fa......he plaintiff possesses. P.W. 3 Monindra Chandra Roy stated in his examination in-chief that the plaintiff possesses the suit land, but in cross-examination he stated that he does not know the dag and khatian number of the suit land. The defendant examined 2 DWs including the defendant No. 3. It appe..Category: Procedural Law | Date: | Hits: 69
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......al Lawyers’ Association (BELA) being one of such bodies. BELA duly obliged by filing an affidavit, fully impregnated with invaluable facts and information, supported by documents annexed, which are recorded below in conspectus; The erection of the building has been out and out illegal as the same ......le and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......ট ১৮৮২ এর সংশোধনী আইনের ‘৫৩ সি’, উল্লেখ করা হইল, যাহা নিম্নরুপঃ- 53C. Immovable Property without khatian not to be sold.- No immovable property shall be sold by a person unless his name, if he is t..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....emptor and refusal of the same by him or that he himself negotiated the transaction. The High Court Division without considering facts and circumstances relying upon 14 BLD (AD) 20 and 14 BLD (AD) 29 wrongly applied the principle in the instant case" and that "Mere knowledge or proposal for transfer......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......Parties Judgment October 13, 2009. Result: The rule is discharged. Cases Referred to- Aklasur Rahman and others Vs. Safarullah and others, 42 DLR (AD) 189= 14 BLD (AD) 20; Fazar Uddin Vs. Maijuddin and others, 14 BLD (AD) 29= 44 DLR (AD) 62; Mst. Rokeya Begum Vs. Md. Abu Zaher and......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ..Category: Civil Law | Date: | Hits: 192
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
.... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ....... 8. In order to appreciate the submissions advanced by the learned Counsels, we have gone through the first information report, the Police report, and naraji petition, statements of the witnesses recorded under section 161 of the Code of Criminal Procedure, impugned order, other materials on rec......of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Criminal Law | Date: | Hits: 177
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......man visited the place of occurrence, prepared the index and sketch map thereof, seized alamats and sent the dead body of Aslam to morgue for post mortem examination after preparing inquest report. He recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and col...... records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..Category: Criminal Law | Date: | Hits: 153
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....rlier by this Court stands vacated. 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: 13 MLR (HCD) (2008) 22. ......rmation of his title and possession in the suit land. 3. The case of the plaintiff in short is that the suit land originally belonged, to Sharat Chandra and Tara Nath Chakraborty, whose names were recorded in C.S. Khatian and Sarat Chandra died leaving behind two sons Haridas and Krishna Kanto an......issioner, Brahmanbaria and others....................Opposite parties Judgment August 28, 2007. Result: The Rule is made absolute. The law of enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further vested property case can be started thereafter on the ......rlier by this Court stands vacated. 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: 13 MLR (HCD) (2008) 22. ..Category: Property Law | Date: | Hits: 155
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......an First Information Report (FIR) is to give information of a cognizable offence to the police and to set the law in motion. So even if the GD is treated as the FIR, and the formal FIR as a statement recorded under section 161 of the Code, 1898, that does not in any way affect the credibility of the...... this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......roup-2/2001 for the purpose of assessment of the goods on the basis of CRF. Suddenly the respondents raised an objection about the basis of issuance of the CRF certificate by bringing a reference of "recorded value". However, the note sheet failed to give any specific reference to the "recorded valu......ays from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ..Category: Fiscal/Taxation Law | Date: | Hits: 194
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....on a wrong impression executed amalnama by reference to the said plots only. Surveyor was appointed by both in 1944 who submitted report on 5.3.1944 which revealed that area of plot Nos.40 and 48 was wrongly recorded in the khatian as 4.00 acre and 1.75 acre respectively instead of 2.61 and 1.55 acr......e was initially shown in the CS record as মধ্যসত্বাধিকারী out of mistake. Later by a correction case No.24 of 1918 under section 198A of Bengal Tenancy Act his right was recorded as 'owner-in-possession'. GC Basak settled 5.18 acre agricultural land out of the land of s......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......covery of khas possession of 5.18 acre land described in schedule "B" of the plaint which forms part of 7.25 acre land in Mouza Sahar Dhaka (latterly Mouza Ramna). The land appertaining to the suit khatian originally belonged to one Gobinda Chanra Basak, shortly, "GC Basak". His name was initially..Category: Property Law | Date: | Hits: 149
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......arty by taking necessary evidence as contemplated under Order XXI Rule 58 of the Code of Civil Procedure. He submits that it is evident from the impugned Judgment that neither any oral evidence was recorded nor any documents were admitted in evidence to lay foundation of his decision. So, the le......isional Jurisdiction) Present: Khondker Musa Khaled J SH Md. Nurul Huda Jaigirdar J Bank of Small Industries & Commerce Bangladesh…………………..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The ru......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......own the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......0.11.76 for drawing up a proceeding against the second party under section 145 of the Code of Criminal Procedure on the allegation that an area of land measuring 25.69 acres appertaining to several khatians of Mouza No.173 within Police Station Bagerhat belonged to him and his co-sharers by virtue..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
....a local inspection was held and by the impugned order dated 2.5.81 the learned Subordinate Judge set aside the order of attachment before Judgment and the appointment of the Advocate commissioner wrongly described as Receiver. Being aggrieved, the plaintiff has preferred the present appeal. 3....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......This Case is also Reported in:35 DLR (HCD) (1983) 77. ....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..Category: Procedural Law | Date: | Hits: 146
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......n the date of Judgment the learned Special Judge instead of delivering the Judgment on merit ordered further investigation of the case While ordering further investigation the learned Special Judge recorded the following order: "There is also nothing to indicate that the I.O. made any attempt f......he Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ..Category: Criminal Law | Date: | Hits: 70
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