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....ion made by the appellate Court is in respect of the clear findings by the trial Court about the deed of agreement for re-conveyance and the subsequent deeds of sale as genuine. This goes to the root of the merit of the case. Since no relief could be granted to the plaintiffs without coming to ......tion and the restrain to defendants from entering into the suit property and not to evict plaintiff and not to do any harm to the properties and houses therein.
3. The suit of the plaintiff case is that the land described in Schedule-"Ka" of the plaint was belonged to the R. S. r..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)
....ance with law. Office is directed to communicate the order at once. Md. Abdul Quddus J.-I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ......t the accused petitioners alleging inter alia that on 19-03-2002 at 19.00 hours, he along with other Police personnel recovered four bottles of wine from the possession of the accused. Hence the case. 3. The Police after investigation, on 29-04-2002, submitted charge sheet under secti..Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ...... suit land is the only land of the plaintiff and that B.S. record having not been prepared in his name the title of the plaintiffs was clouded and hence the plaintiffs were compelled to file the case. 3. The defendants No.1-5 contested the suit by filing written statements denying the mate..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250. ......eafter the informant prepared seizure list, apprehended the accused persons and lodged the Firs information Report. 3. After completion of investigation police submitted charge sheet in the case against the petitioner and another under section 25B(2) of the special powers Act, 1974. 4..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....y the Department of Social Services. With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ......istrate, Khulna and 3. Sub-Inspector Ashim Kumar Das, of the Detective Branch, Khulna Metropolitan Police to show cause as to why they would not be directed to explain under what authority a criminal case had been started against a minor girl of 8 years of age and under what provision of l..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
....e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ...... appoint Mutwalli. 11. The petitioner (respondent No.3 in writ petition) contested the writ petition by filing affidavit-in-opposition denying all material allegations in the petition. His case, in short, is that he is neither a stranger nor maternal uncle but he is paternal uncle of the..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......abala filed the application of preemption by depositing the consideration money along with its 10% under 96 of the Estate Acquisition and Tenancy Act. 4. The purchasers pre-emptees contested the case by filing written objection denying the material allegations and stating that the preemption ap..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
.... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......abala filed the application of preemption by depositing the consideration money along with its 10% under 96 of the Estate Acquisition and Tenancy Act. 4. The purchasers pre-emptees contested the case by filing written objection denying the material allegations and stating that the preemption ap..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......on and then the hearing was adjourned to 16.8.2007 as the learned District Judge went on leave. On 16.8.2007 the opposite party entered appearance in the said arbitration miscellaneous case and filed an application under section 151 of the Code of Civil Procedure, (the Code) read..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....he evidence of prosecution witnesses that they are full of discrepancies and inconsistencies which are unworthy of credit. It is well settled that discrepancies are of serious nature which strike the root of the prosecution case. The discrepancies in the testimonies of the prosecution witnesses in t......lip;..(64) How the court should consider the evidence The Court is to examine the entire evidence and must distinguish the chaff from the grain and should not discard the entire prosecution case merely on the ground that a part of the story is found to be false. It is the duty of the Court..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ...... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)
....hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915. ......torcycle along with other belongings worth Taka 1,04,500. 3. The Police after investigation, on 15-11-2007 submitted charge sheet accusing eight accused including the petitioners. 4. The case is now pending before the Sessions Judge, Thakurgaon, for trial. 5. Having unsuccessfully..Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
....by the principle known as "Genemlia specialibus non derogant" which in English means "general words do not derogate from the special)" Jurisdiction Jurisdiction of a Court goes to the very root of a matter brought before it, and if the Court got no jurisdiction everything shall fall throu......hu Case No.176 of 2006 before the Nari-o-Shishu Nirjatan Daman Tribunal, Thakurgaon and the same was also summarily rejected on 15-11-2006. Suppressing these facts the complainant filed the instant case which is barred under law. After hearing, the learned Tribunal by the order dated 5-8-2007 fram..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ......The Adalat decreed the suit ex parte by its ex parte judgment and decree dated 3-10-2004 (decree signed on 13-10-2004) against the defendants including the defendant-petitioner-Bank. 17. In the case of Zahirul Islam Vs. National Bank Limited reported in 46 DLR (AD) 191, where it has been dec..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....rangement made by the family Judge, on the ground that the entire exercise by the learned family judges was misconceived one the same need be addressed first, since the said question hits the very root of the order passed under Section 16A of the Ordinance by the family judge. 30. Section 1......ss any interim order under the provision of Section 16A of the Family Courts Ordinance 1985…………………..(31) Reliance on un-proven allegation by the judge While deciding a case, the learned judge must not rely upon un-proven allegation. Such an act of reliance on an unp..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....e of the 2nd party and his basic pay is Taka 840. The petitioner Company framed charge against the respondent No. 2 on 21 -6- 2002 alleging that he damaged 10/12 newly transplanted bamboo plants by uprooting the same. Chowkidar Gongaram reported the same to the opposite party No. 4 of the complaint ......ated 28-5-2003 passed by respondent No. 1 in Complaint Case No. 14 of 2002 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The short facts of the case is, that the petitioner is the Manager of Jaghcharra Tea Estate, an establishment of the Consol..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....d 11 BLC 669 hold that in the instant case the Tribunal had no jurisdiction to try the case. The offence allegedly committed was not triable by the Tribunal. "Jurisdiction of a Court goes to the very root of a matter brought before it and if the Court got no jurisdiction everything shall fall throug......ent and order condemned-prisoner preferred Jail Appeal No.1237 of 2004. The reference and the jail appeal have been heard together and are being disposed of by this judgment. 3. This prosecution case, in short, is that deceased Sumi, daughter of informant Amena @ Kala Buri was given in marriage..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......-3-2002 by the pre-emptee Nos. 2-7, in favour of the pre-emptee No.1. Admittedly, the pre-emptee Nos. 2-7 were co-sharers and the pre-emptee No.1 was a stranger purchaser. Admittedly, the pre-emption case was instituted within the statutory period of limitation. Admittedly, an area of 64 decimals of..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ......h and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. In Writ Petition No.8885 of 2006 Rule was issued calling upon the respondents No.1 to 5 to show case as to why they shall not be directed not to allow anyone other than the Unilever Bangladesh L..Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......ed Commercial Bank Limited (hereinafter referred to as "the Bank"). It is in that light that these four Applications are now being disposed of by a common judgment. 2. The facts of all these cases may be traced back to the time when on 4.9.2005 the Bank in compliance with a directive of th..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
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