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Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....he writ petitions submits that the legislature by enacting the Artha Rin Adalat Ain, 2003 has intended to realise the loan from the loanee at the earliest possible opportunity. Accordingly, upon amending and consolidating the original Ain of 1990 several provisions have been incorporated in the......nnot be realized, the interest of the decree holder is not frustrated. Rather the decree holder can enjoy the benefit of the decree by enjoying the ownership of the property in any manner as its lawful owner…….. (19-21)
Cases Referred to-
Dr. M.O. Ghani Vs. Dr. A.N.M. Ma..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
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. ......nt No.5 fixing date of rehearing of Settlement Appeal Case No.1480 of 1999 again on 22.04.2002 as contained in Annexure-'D' (wrongly typed as H) should not be declared to have been issued without lawful authority and is of no legal effect and as to why direction should not be given upon the res..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. ......neral and Shirin Afroz, Assistant Attorney-General - For-State-Respondent. Criminal Appeal No.2909 of 2004. Judgment AK Badrul Huq J.- Rape apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a women/girl. Rape not only is a crime agai..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. ......ion is whether the conviction of all the accused persons under section 19A of the Arms Act and the conviction of Rajah Ali, Kajal Miah and Ishaq Miah under section 19(f) of the Arms Act is tenable in law or not. 15. According to the prosecution version, the accused persons were arrested jointly w..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. ......bmitted that even the petition for setting aside the order of abatement was also not made within the period of limitation of 60 days thereafter. Under such circumstances, the learned Judge erred in law as well as in facts in allowing the petition filed under Order XXII rule 9(2) of the Code, by ..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. ....... 5. At the trial, the prosecution examined 11 witnesses out of 15 cited witnesses of the charge sheet and the defence side availed opportunity of cross-examining them through State defence lawyer without adducing any defence witness. 6. The defence version as available from the trend..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
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. ......ters. She identified Eunus Mollah, Ismail Mollah Galu, Shahid Javed Gaira, Shahjahan, Mohsin and others in the dock. In her cross-examination she stated that she now lives at the house of her aunt-in-law at No.12 Juriatuli and at the time of occurrence she lived with her family at 64 Juginagar Lane ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....and others reported in 22 DLR 277 wherein it is held: "Civil Procedure Code Or. VI, r. 17 Court allowing prayer for amendment by way of reviewing earlier prayer. Earlier application for amending prayer portion was rejected by the trial Court-Subsequent application with a new prayer, th......endment. She adds that the proposed amendment of the plaint will change the nature and character of the suit and the learned Judge of the trial Court by allowing the application committed an error of law resulting in an error in the decision occasioning failure of justice. In support of her contenti..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. ......e submits that there being no difficulties in comparing her LTI's with the LTI's of the register. He adds that the learned Subordinate Judge without considering the same committed an error of law resulting in an error in the decision occasioning failure of justice. 9. No one appears on ..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. ...... a proper judgment of reversal inasmuch the finding of the trial court on different issues have not been controverted or set aside by the appellate court. The appellate court committed gross error of law in not holding that exhibit-1 being a registered kabinnama there is a presumption of genuineness..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. .......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 in revision (Annexure-H) shall not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders as to this Court..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. ......ritory of Bangladesh. He further submits that the impugned order passed by the learned Judge of the Tribunal is non-speaking without assigning any reason and the same is not sustainable in the eye of law. 8. The learned Deputy Attorney General appearing for the State submits that the First Inform..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. ......r has conferred Shishubala Roy all powers including powers of conducting all legal proceedings regarding the property contained in the will. As such the petition for revocation is filed by him by his lawful constituted attorney, Shishubala Roy. It is further stated that the probate being obtained fr..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. ......at.....there may be thousands of defects in the documents of the defense as well as their case but that does not entitle the plaintiff to get a decree. 11. It is an established principle of law that the appellate court is the final court of facts and the decision on question of facts by th..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. ......fer of Property Act asking for vacant possession of the suit shop house in their favor by 31-1-1997. The opposite-parties terminated the lease of the petitioners with reference to the suit shop house lawfully. But despite the termination of the lease, the petitioners did not vacate the suit shop hou..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. ......instituted suit is directly and substantially the same, the parties are the same title and the court is competent to grant the relief so claimed. Unless the Court is satisfied with the above tests of law, no stay can be granted. If the earlier suit fails or in the alternative the plaintiff of the ea..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. ......by also committed an offence under section 5(1)(e) of the Prevention of Corruption Act, 1947. It is also stated that the Prevention of Corruption Act, 1947 was enacted to provide for a more effective law to prevent and eliminate bribery and corruption from amongst the public servants. 7. Accordin..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. ...... be at liberty to cancel the bail of the accused petitioner. Before parting with the decision we must make it clear that in any case under Nari-O-Shishu Nirjatan Daman Ain, 2000 which being a special law, bail can be granted upon hearing the informant or complainant or to the effect the state. In Na..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. ...... required she may be released in her custody. The father of the principal accused Md. Emdad Miah filed another application praying for releasing the victim girl in his custody as alleged as father-in-law stating that she had gone out with his son Rabiul Hasan freely and voluntarily and married him o..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
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