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Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

.... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ...... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......leque & others……………Respondents Judgment November 23, 2011. Result: The Rules are made absolute. When the defen­dants have already taken possession, a suit for permanent injunction is not maintainable. The plaintiff is to pray for recovery of possession……………â€......unction on 28-6-1994 before the Court of Assistant Judge, 2nd Court, Dhaka, against the petitioners and other opposite parties stating the 8.44 acres including 5.68 acres land of CS Plot No.158 of CS khatian No.4 Mouza Razabazr under Original PS Keranigonj at present Tejgaon original­ity belonged t..

Category: Procedural Law | Date: | Hits: 137

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......ase its conviction without any further corroboration as a rule requiring corroboration is not a Rule of Law but only a Rule of Prudence…………………………(44) A dying declaration may be recorded by any person who is available and it may be written or it may be verbal; it may also be in......e all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..

Category: Criminal Law | Date: | Hits: 98

Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

....t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......peal No.3382 of 2003. Judgment AK Badrul Huq J.- The subject matter of challenge in this Criminal Appeal laid up section 30 of the Special Powers Act, 1974 is a Judgment conviction and sentence recorded by Druta Bichar Tribunal Dhaka in Druta Bichar Tribunal Case No.17 of 2003 by convict-Appel......with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ..

Category: Criminal Law | Date: | Hits: 125

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......ers, the heirs of original defendants could not prove their case that summons were not served upon their predecessor and having been satisfied on the evidence with reference to the service of summons recorded clear findings and disallowed the appeal concurring with the findings and decision of the t......ords. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..

Category: Procedural Law | Date: | Hits: 133

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

....0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ...... in writing nor any witness was produced before them to substantiate the vague and unspecified allegations set out in the said show cause notices. It is further stated that no evidence whatsoever was recorded or existed and none of the witnesses was ever produced before the inquiry, committee or the......ainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ......0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ..

Category: Constitutional Law | Date: | Hits: 300

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......m of the opinion that the accused have acquired right, title, interest and possession in 0.24 acre of lands in plot No.1545 by several registered kabalas from the heirs and subsequent heirs of the CS recorded tenant Lal Mahmud and P.W.5 Chand Ali, the father of the complainant informant Bachu Mia ha......baria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..

Category: Criminal Law | Date: | Hits: 75

Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)

....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......s apper­taining to CS Khatian Nos. 385, 718, 1063, 1269 and 1655 of Mouza Khatlal under PS Khetlal, District Bogra belonged to Horekrishna Nath and Ramkrishna Nath in equal share; that the same were recorded in their names correctly in CS operation; that the said maleks entered into amicable partit......2011. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115(1) Scope of section 115(1) A Court of revi­sion under section 115(1) CPC can interfere with the findings of fact as the final Court of facts only in exceptional circumstances wh......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..

Category: Procedural Law | Date: | Hits: 111

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......n, visited the place of occurrence and prepared the sketch map and index, which he identi­fied along with his signatures thereon as Exhibits 5, 5(a), 6 and 6(a) respectively. He also deposed that he recorded the statement of witnesses under section 161 of the Code of Criminal Procedure, seized the ......ice is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..

Category: Criminal Law | Date: | Hits: 62

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....t property in the month of Baishakh 1351 B.S. by accepting Salami amounting to Tk. 4,000.00 (Taka Four thousands) in favour of Abdul Karim and others but S.A. and R.S. record of the suit property was wrongly pre­pared in the name of original owner Nalini Kanta and others for which the said Abdul Ka......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ...... Emdadul Hoque J Government of the People's Republic of Bangladesh, repre­sented by the Deputy Commissioner, Jhelakathi........................Defendant-Appellant-Petitioners Vs. Altaf Hossain and others...........................Opposite par­ties Judgment June 24, 2009. Result:......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ..

Category: Property Law | Date: | Hits: 96

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......e 1 and 2 lands. The defendant No.1 (since decased Brajangana Baishnabi) falsely asserted that the entire properties of Ramani Mohan Das was debuttar property and she was a Shebait. The suit land was recorded in the name of Ramani Mohan Das Baishnab as a secular property and he realized the Rent fro......ected to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......t a sum of Ruppes 2001/86 paisa was assessed in the name of Ramani Mohan Das. The plaintiff after the death of Ramani Mohan filed objection and his name was recorded in place of Ramani in most of the khatians including compensation assessment rolls. Said defendant No.1Barja Bala Baishnabi filed titl..

Category: Property Law | Date: | Hits: 102

Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)

....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......plicated in the case out of previous enmity which P.W.6 denies. 18. P.W.7 S.I. Abdur Razzak investigated into the case, visited the place of occurrence, prepared the sketch map with index of P.O., recorded the statement of witnesses under Section 161 of Cr.P.C and thereafter submitted charge shee......only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ..

Category: Criminal Law | Date: | Hits: 65

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......half of respondent No. 7 under section 3 of the Requisition and Acquisition of Immovable Property Ordinance, 1982 (in short, the Ordinance). The notice was served on Mr. A Samad, an owner of the land recorded in RS plot No. 2357. The notice disclosed the intention of the Government for acquisition o......it Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......essor-in-interest of RS recorded owner Mr. Alauddin by the registered deed of sale dated 6-3-2000. The purchased land appertains to CS plot No. 597 under CS Khatian No. 118, SA plot No. 597, under SA khatian No. 294 and RS plot No. 2357 under RS Khatian No. 57. The petitioner got his name mutated bo..

Category: Property Law | Date: | Hits: 79

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....pany mutated its name in respect of the suit land and has been paying rent. During the current survey operation the draft Khatian of the land has been prepared in its name to the extent of 7.00 acres wrongly leaving aside rest 0.65V2 acre. A settlement appeal is also filed by the plaintiff against t......ribed in Tauji No.10 of the then Mymensingh Collectorate originally belonged to Zamindar Haider Ali Khan Panni and others and the same having formed the saham of Haider Ali Khan Panni was accordingly recorded in his name in the CS Khatian. The suit land along with other land constituted a waqf estat......t once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......ern-holder or subsequent purchaser. The plaintiff and his predecessors-in-interest have althrough been aware of the acquisition and record of rights standing in the name of the Government in its khas khatian. Government while in possession of the suit estate in khas settled 5.43 acre land from plot ..

Category: Trust/Waqf Law | Date: | Hits: 114

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ...... and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......espondents to show cause as to why the acquisition proceeding in LA Case No. 8 of 1992 by the Land Acquisition officer, Comilla, acquiring the petitioner's land measuring 0.20 acres being Dag No. 647 khatian No. 312. Mouza - Homna JL No. 51. Thana - Homna, District-Comilla, should not be declared to..

Category: Property Law | Date: | Hits: 85

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

.... from the grandson of Radha Mohan Saha and thereafter the plaintiff is enjoying and possessing the said suit land by paying rent to the superior landlord. During revision settlement the same land was wrongly recorded in the name of Government. Thereafter, the plaintiff filed an application before th......e grandson of Radha Mohan Saha and thereafter the plaintiff is enjoying and possessing the said suit land by paying rent to the superior landlord. During revision settlement the same land was wrongly recorded in the name of Government. Thereafter, the plaintiff filed an application before the settle......the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......ve and illegal. 4. During trial the plaintiff adduced 3 witnesses while the defendant adduced 1 witness. The plaintiff also produced documentary evidence and the defendant adduced copies of the SA khatian and RS Khatian. The trial Court after hearing the parties and considering the materials on r..

Category: Procedural Law | Date: | Hits: 83

Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

....refore, the plaintiff Nos.2 and 3 were not his legitimate children and that D.Ws.2, 3, 5 and 6 corroborated him who are neutral witnesses. The Court of appeal below further held that the Family Court wrongly relied upon section 112 of the Evidence Act which has no manner of application for deciding ......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......th. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..

Category: Family Law | Date: | Hits: 114

Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)

.... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......e also prayed for an order of temporary injunction restraining the lease of the bazar for the rema­ining period of 1274 B S. 4. The plaintiffs have further alleged that the two tanks as recorded in C.S. dag No.1628 of Mouza Dattapara and dag No 13 of Darjipafa are retainable khas of th......f J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......have succeeded in establishing a prima facie case that the tanks are retainable khas tanks of the plaintiffs. Mr. J. R. Mudasir Hossain has submitted that compensation with respect to the lands of khatian No.349 have been prepared and finally published and that compensation for acquisi­tion of t..

Category: Property Law | Date: | Hits: 74

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......approval of the authority. The defendant No.1 being the president of the governing body visited the college and found the plaintiff absent on 19.07.2003 without having any leave and 20.07.2003 and he recorded her absence in the attendance register but the plaintiff converted the said absence into ca......nce. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ..

Category: Employment/Service Law | Date: | Hits: 118

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......the tribunal shall proceed with both the offences. These sections of the Ain are related to procedure for trial. Section 14 provides for special evidence i.e. admission of picture taken on camera and recorded version by police, as evidence, section 17 provides for applicability of Code of Criminal P......Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ..

Category: Procedural Law | Date: | Hits: 84

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......orwarder, compelled the agent of Bangladesh Shipping Corporation to load the same on deck; that the vehicles were found very old, broken and damaged in a tally made by the stevedores and the same was recorded by the Chief Officer of the vessel in the Daily Working Report; that although the commercia......ed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..

Category: Limitation Law | Date: | Hits: 174