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Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......ail at present Shantinagar under P.S. Motijheel, District-Dhaka out of said 0.35 acre of land maximum portion of land was acquired by the government leaving only 0.0468 acres of land. 4. The aforesaid two brothers Amir Hossain and Seraj Mia were jointly possessing the said 0.0468 acres of l......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ...... made absolute. Cases Referred to - Md. Aftab Ali Sheikh Vs. Director, Land Records and others, 11 MLR 226; Mustafa Kamal and others Vs. Director Land Records and others, 45 DLR 634. Lawyers Involved: Md. Khalilur Rahman, with T.M. Shakil Hasan, Advocates - For the petitioners..

Category: Property Law | Date: 7 Mar, 2007 | Hits: 10

Safazuddin and another Vs. State, 2007, 36 CLC (HCD)

....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......e 32 of The Constitution of The People's Republic of Bangladesh. For the last few years, though, crime against women in general and rape in particular is on increase, it is very much distressing that for commission of rape innocent persons are, also, trapped and brought in with ulterior and malafide......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......4= 1952 3 SCR 37; Al-Amin Vs. The State, 51 DLR HCD 154; Jahangir Hossain Vs. The State, 1996 16 BLD HCD 238; Reg Vs. Henry, (1968) 53 Cr. App R 150; Kellehar Vs. The Queen, (1974) 131 CLR 534. Lawyers Involved: Nahreen Amin - For Convict-Appellants. A.S. Md. Ramzan Khan, Deputy Atto..

Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75

Ful Miah & others Vs. State, 2007, 36 CLC (HCD)

....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ...... @ Akbar Ali Kajal Miah, Abdul Ahad and Liakot Ali and the petitioner Md. Ishak Mia@ Hoson Mia @ Kason Mia guilty under sections 19A and 10(f) of the Arms Act and sentenced with rigorous imprisonment for 10 years on each count with a direction to run the sentences concurrently. This Judgment governs......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......ioner (In Jail) Vs. The State…………………………………Opposite Party Judgment January 25, 2007. Result: The appeal is dismissed with the modification of sentence. Lawyers Involved: M.A. Shahid Chowdhury - For the appellants. S.N. Goswami with Miss Afsana Be..

Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26

Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)

....nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ...... an issue of abatement of the suit, the actual date of death of the concerned plaintiff or the defendant is very much relevant. However, if the learned Judge finds that there are sufficient causes for non appearance of the petitioners before him in time, an inquiry about the date of death of the......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ...... plaintiff, may, in certain circumstances, not be necessary.…………………..(11) Case Referred to- Vijavasing Dattajirao Thorat Vs. Shivajirao Narayanrao, AIR 1924 Bom 416. Lawyers Involved: M. Enayetur Rahim with A.R.M. Hasanuzzaman, Advocates - For the Petitioner. ..

Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3

State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)

....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ...... 29 of the Nari-O-Shishu Nirjaton Damon Ain 2000 read with section 374 of the Code of the Criminal Procedure, has been made by the learned Judge, Nari-O-Shishu Nirjaton Damon Tribunal, Jamalpur, for confirmation of death sentence imposed upon the condemned prisoner Md. Abdul Gofur on his convic......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......State, 2 BLC (AD) 126; Abdul Motleb Howlader Vs. The State, 21 BLD (AD) 27; Abdul Motleb Howlader Vs. The State, 5 MLR (AD) 362; Abdur Rashid Vs. The State, 27 DLR (AD) 1; 50 DLR 10; 52 DLR 370. Lawyers Involved: Fazilatun Nessa, Deputy Attorney-General and Nasreen Akhter, Assistant Attorn..

Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6

State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)

....tan, Police Station Lalbag. Thus, to say that the previous I.O. visited the house of the father-in-law of the accused and spoke to his mother-in-law is a fallacious argument. Equally, to say that the Proclamation and Attachment were properly served at that address is, so to say, 'putting the cart be......f 2005. Judgment Md. Imman Ali J.-This Reference under Section 374 of the Code of Criminal Procedure made by the learned Metropolitan Additional Sessions Judge, Third Court, Dhaka is submitted for confirmation of the sentence of death imposed upon accused Shahid Javed Gaira alias Garib Miah, ......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. ......bur Rahman @ Razibulla Vs. State, 58 DLR 393; Nurul Islam and others Vs. The State, 43 DLR (AD) 6; Belal Ahmed Vs. The State, 40 DLR 154; Amar Kumar Thakur & ors Vs. The State, 8 BLD (AD) 101. Lawyers Involved: Fahima Nasrin, Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant A..

Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31

M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)

....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. ...... 25-04-1995 the opposite party No.1 as plaintiff instituted Title Suit No.115 of 1995 in the second Court of Subordinate Judge, Dhaka, impleading the petitioner and opposite party No.2 as defendants, for declaration that the plaintiff is the legal allottee and tenant under defendant No.1. On transfe......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. ......dra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 14 BLD (AD) 229; Mayezuddin Mondal Vs. Bena Rani Das and others, 45 DLR 154; M. A. Jahangir and another Vs. Abdul Malek and others, 41 DLR 389. Lawyers Involved: Hosna Ara Begum-For the Petitioner. Abdul Quyum, Senior Advocate-For the Opp..

Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42

Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)

....tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......ak Chandra Majhi Vs. Atahar Ali Howlader and others, 13 BLT (AD) 3. Lawyers Involved: Mahbubey Alam, Senior Advocate with Samarendra Nath Biswas, Advocate - For the petitioners. No one for opposite party Nos.1-5 Mr. N.K. Shaha, Advocate - For added, opposite party Nos.6-14. Civil......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ...... Kessarbai Vs. Jethabai, AIR 1928 (PC) 277; Nurul Huq (Md.) @ MN Huq Vs. Nirmal Chandra Dutta and another, 56 DLR (AD) 143; Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 13 BLT (AD) 3. Lawyers Involved: Mahbubey Alam, Senior Advocate with Samarendra Nath Biswas, Advocate - For th..

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. ......o.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 the Court of Subordinate Judge, 1st Court, Magura for declaration that the Kabinnama registered on 06.07.99 was fake and fraudulent. 3. The plain......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. ......��…opposite Party Judgment August 7, 2006. Result: The Rule is made absolute. Cases Referred to- Abdur Rahim Vs. Arifur Rahman and others, 50 DLR 166; 25 BLT 41. Lawyers Involved: Pankaj Kumar Kundu, Advocate-For the Petitioner. Mojibur Rahman Miah, Ad..

Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127

R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

..... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ......it Petition No.1681 of 1995. Judgment Syed Amirul Islam J.-This Rule was issued calling upon the respondents to show cause as to why the demand notice dated 02.11.88 on the petitioner for Tk. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and the order dated 21.11.91 passed ....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ...... Government of Bangladesh and others…………………….Respondents Judgment August 3, 2006. Result: The Rule is discharged. Lawyers Involved: Salahuddin Ahmed with Ramjan Ali Sikder-For the Petitioner. A. J. Mohamm..

Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5

Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)

....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. ......f the accused-appellants. 2. The prosecution case in short, is that J.C.O. 4527 Naik Subedar Md. Abdul Jabbar, 6 Rifle Battalion, Chapai Nababgonj Police Station, District Chapai Nababgonj on as informant 15.9.2003 lodged First Information Report with Chapai Nababganj Police Station implicating a......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. ......��…………………….Accused-Appellants Vs. The State……………………………………………. Respondent Judgment July 20, 2006. Result: The Appeal is allowed. Lawyers Involved: Kh. Saiful Haque-For the Accused-Appellants. Nikhilesh Dutta, Deputy Attorne..

Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......ted against the judgment and order dated 29.09.1988 passed by the learned District Judge, Rajshahi, in Misc. Case No.188 of 1982 dismissing the same on contest under section 263 of the Succession Act for revocation of the grant of Probate by Mokshada Bala Dasya (deceased) as granted by the District ......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ....... Devi Proshad AIR 1963 MP15; Juttendromohun Tagore and another Vs. Ganendromohun Tagore, 18 W.R., 350; Sapher and another Vs. Administrator General of Bengal and another, AIR 1944 (PC) 67. Lawyers Involved: H.N. Nondy with Mohammad Hasan Rana-For the Appellant. Khondaker Saiful ..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)

....ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ...... by the Subordinate Judge, Netrokona in other Class Suit No.310 of 1981 decreeing the suit on contest. 2. The plaintiff filed Other Class Suit No.310 of 1981 against defendant nos.1-3 and others for declaration of his raioti right in the land described in the schedule of the plaint (hereinafter......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......…………….(11) Case Referred to- Golzar Ali Pramanik Vs. Musammat Saburjan Bewa being dead he heirs Md. Yakub Ali Khan and other, 9 BLT (AD), 2001, P.67. Lawyers Involved: Naim Ahmed-For the Petitioner. Golam Mostafa, Assistant Attorney-General..

Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3

Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)

....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ...... may seem fit and proper. 2. The Rule is opposed on behalf of the opposite-parties. 3. The opposite-parties as plaintiffs instituted SCC Suit No. 2 of 1997 against the defendant-petitioners for ejectment, realization of the arrear rents and compensation to the tune of Taka 6900. The case o......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ......R 314; Abdus Sattar Vs. Syed Shaha Md. Hassan-al-Quaderi, 8 DLR 316; MG Jilani Vs. Md. Waheduddin Sardar, 44 DLR 348; 5 DLR 316; Harihar Banerji Vs. Ramsashi Roy, ILR 46 Calcutta 458 = 45 IA 22. Lawyers Involved: MA Jalil, Advocate — For the Petitioners. ASM Kamal Amroohi Chowdh..

Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4

Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)

.... 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. ......d the judgment and order dated 17.2.2003 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.237 of 2002 rejecting the prayer under section 10 of the Code of Civil Procedure for stay of the subsequent Judge (Joint District Judge), 2nd Court, Dhaka. 2. The petitioner as p...... 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. ......and granted in previously instantiated suit………………………………(17) Case Referred to- Askar Ali and another Vs. Shamsul Islam alias Md. Shamsuddin and others, 4MLR (AD) 193. Lawyers Involved: Md. Musherrof Hossain Majumder Advocate-For Petitioner. Khalilur Rahma..

Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......ent No.4. Writ Petition No.804 of 2001. Judgment MM Hossain J.- This Rule was issued calling upon the respondent Nos. 1 and 3 to show cause as to why they should not be directed to perform their statutory duties and functions for realising the remaining fine amount of Taka 2,74,35,00......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......rojini De Chowdhury, AIR 1939 Cal 337; Keshav Datta Misra Vs. State, AIR 1967 All 276; Paras Nath Vs. State, AIR 1969 All 116; Ali Hossain Vs. State, 52 DLR 282; Rowshan Ali Vs. State, 52 DLR 510. Lawyers Involved: Nizamul Haque with Dr. Shahdeen Malik and Amatul Karim, Advocates - For the Pet..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Md. Didarul Hasan Vs. State, 2006, 35 CLC (HCD)

....in, 2000 there is no scope for granting anticipatory bail. In the result, this rule is made absolute with this observation. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 65. ......osite Party. Md. Helal Uddin Mollah, Deputy Attorney-General - For the State. Criminal Miscellaneous Case No.1415 of 2006. Judgment Sharif Uddin Chaklader J.- This rule was issued for enlarging the accused petitioner Md. Didaul Hasan on bail in Nari-O-Shishu Case No.357 of 2005 u......in, 2000 there is no scope for granting anticipatory bail. In the result, this rule is made absolute with this observation. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 65. ......………………Accused Petitioner Vs. The State…………………………...........Opposite Party Judgment May 25, 2006. Result: The rule is made absolute. Lawyers Involved: Ozair Farook, Advocate with Kazi Ebadoth Hossain, Advocate - For the Petition..

Category: Women and Children | Date: 25 May, 2006 | Hits: 26

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. ......issued by the Board stand more positive, dependable and credible as proof of age of victim and it is preferred to doctor's and radiologist opinion. Opinion of minor is immaterial and is no factor for allowing the mother custody of her minor daughter..................................(17) Ask......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. ...... Mongol Chand Nandi Vs. Bangladesh, 5 BLT (AD) 1=2 BLC (AD) 18; Arun Karmoker Vs. State, 7 MLR (AD) 82=7 BLC (AD) 61; Krishna Pada Dutta Vs. Secretary Ministry of Home Affairs, 42 DLR 297. Lawyers Involved: Md. Khurshid Alam Khan-For the informant Appellant (In Criminal Appeal No.318..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ......hts and liabilities of the parties. In the absence of any relevant express terms their obligations must be regulated by rules of law applicable to the relationship of principal and agent. In the performance of his undertaking the agent must act in accordance with the authority which has been giv...... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ......age 192 para 16; Dhaka Ware House Ltd. and Another Vs. Assistant Collector of Customs and others, 11 BLD (AD) 327; Inland Fisheries Development Ltd. Vs. Bangladesh and others, 5 MLR (AD) 71. Lawyers Involved: Raisuddin Ahmed, Advocate-For the Petitioner. Mahmudul Islam with Probir..

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. ......1, 33 of 2001, 32 of 2001, 29 of 2001, 28 of 2001 and 31 of 2001 respectively and accordingly these matters are taken up together and are being disposed of by this single judgment. 2. In the aforesaid writ petitions, Rules were issued in identical terms calling upon the respondents to show......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. ......R (HCD) 396; 49 DLR (HCD) 396 at page 399; 48 DLR (HC) 527 para-5; (48 DLR (HC) 527 para-7); 48 DLR (HC) 527; Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna & others, 48 DLR (HC) 527. Lawyers Involved: A.K.M. Nazrul Islam, Advocate-For the Petitioners (Writ Petition No.1405-141..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

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