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Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......er of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..

Category: Property Law | Date: | Hits: 107

Abbas Ali and others Vs. Sharif Hossain Chowdhury and oth­ers, 2010, 39 CLC (HCD)

....tiffs prove their title, possession and interest, whether the deeds in favour of the defendants obtained fraudulently, whether the deeds are binding upon the plaintiffs, whether the khatians prepared wrongly, whether it was binding upon the plaintiffs and whether the plaintiffs entitled to decree of...... মোক্তার নামা দ্বারা আম মোক্তারকৃত)। 4. It is the case of the plaintiffs that, suit land originally belongs to Meher Ali, whose name was recorded in CS Khatian. Meher Ali died leaving sons, Monsur Ali, daughter Chand Banu and Belhak Banu......te this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......r plain­tiffs on the basis of this decree cannot evict the defendants whose possession have been found by the learned judge………………………(16) If a decree is not passed declaring the khatians in the name of defendants are not genuine, this decree prove the fact that the defendants a..

Category: Property Law | Date: | Hits: 80

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ......herefore, cannot afford any favor other than truth and only truth………………………………………………….(37) Statements under sections 161 Cr.P.C. and 164 Cr.P.C. A statement recorded under section 164 of the Code is not at all substantive evidence and it may be used only fo......onnection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......he prosecution has been able to prove the charge of recovery of Indian Currency from the possession the convict appellants beyond reasonable doubt. Further, the evidence of P.W.8, the Magistrate, who recorded the statements of the convict appellants under Section 164 of the Code of Criminal Procedur......charged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..

Category: Criminal Law | Date: | Hits: 84

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......ed deed which is prima facie based on some documents of title of its vendor cannot be nullified as a forged document when the vendor himself came before a Court and stated on oath that he is the real recorded owner supported by the records of right both old and new. It is only a competent civil Cour......in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......ion parishad, Upazila Kaliakair, District Dhaka. In that certificate it is stated that Rai Charan Barman was the son of Ram Kumar Barman @ Ananda Kumar Barman and he was the resident of his ward. The khatians Ext.B series (both old and new) show Rai Charan Barman, son of late Ram Kumar Barman as rec..

Category: Procedural Law | Date: | Hits: 111

Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)

....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ...... 11. The learned Advocate Mr. Haroon-or-Rashid finally argued that although the pre-emptee-appellant-petitioner filed the Parcha of the recent settlement to show the intervening road that has been recorded in the name of the Deputy Commissioner, Sylhet, but the learned Courts below did not consid....... In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..

Category: Property Law | Date: | Hits: 88

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... of respondent No. 2 presented under Rule 31 Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 18. ......enancy Act, 1950, in short, the SAT Act, rent receiving interest of aforesaid land receiver was acquired and Rahima Dad Khan became 'Malik' directly under the Government and his name was accordingly, recorded in Review Khatian in 161 and 164 dated 24-1-1959, Annexure D and D1. 6. Rahim Dad Khan o...... Tenancy Rules, 1955 are accordingly, restored. Communicate at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 18. ...... of respondent No. 2 presented under Rule 31 Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 18. ..

Category: Property Law | Date: | Hits: 120

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......d the first information report to the above effect after he learnt from the eye‑witness. 3. P.W. 25, SI Md. Saiful Islam, investigated into the case, visited the place of occurrence examined and recorded statements of the witnesses under section 161 of the Code of Criminal Procedure and submitt......d. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..

Category: Criminal Law | Date: | Hits: 110

Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)

....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..

Category: Property Law | Date: | Hits: 132

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......iolation of the principle of natural justice and fairness. 36. The petitioners in the Writ Petition specifically pleaded: The victim-complainants were not provided with any copy of the evidence recorded or even of the report of any of the enquiries. The teacher had legal representation. The vi......tice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..

Category: Employment/Service Law | Date: | Hits: 169

Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)

....and since then he is using the suit path­way which lies to the south west of his purchased land as the only link from his homestead to Munici­pal Road. During last settlement operation the land was wrongly recorded in the name of defendant No.1. Taking advantage of the wrong record the defen­dant......e then he is using the suit path­way which lies to the south west of his purchased land as the only link from his homestead to Munici­pal Road. During last settlement operation the land was wrongly recorded in the name of defendant No.1. Taking advantage of the wrong record the defen­dant No.1 so......osts. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......f the suit pathway and from blocking plaintiff’s passage over the pathway by making construction or in any way. 3. The suit pathway measures .08 decimal of land and appertains to dag No.10317 of khatian No.1703 within J.L. No.91 under Sylhet Municipality. It is within the Rajbari belonging to t..

Category: Civil Law | Date: | Hits: 189

Arshad and others Vs. State and another, 2010, 39 CLC (HCD)

....rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......to operate only when offence once had been tried by a competent Court and ended in conviction or acquittal. If charge was not framed in the earlier complaint case when the last order of acquittal was recorded on the basis of withdrawal petition of the complainant, it is difficult to say that the pri......vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..

Category: Procedural Law | Date: | Hits: 108

Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)

....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......nce for the period of 6(six) years prior to the fil­ing of the suit and also for the period thereafter, and entitlement of the mother to deferred dower. 2. The trial Court and the appellate Court recorded decisions in agreement on some of the issues and with difference or contradiction on oth­e......lbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ..

Category: Family Law | Date: | Hits: 246

Md. Monowarul Hoque Vs. Government of the People's Republic of Bangladesh, and others, 2007, 36 CLC (HCD)

....been in possession of the suit land. Even if the plaintiffs failed to prove their title, which is in fact wrong, they cannot be prevented from getting a declaration that the record of rights that was wrongly prepared in respect of the suit land in the name of the government. Such wrong record of rig......sult: The Rule is made absolute in part. The record of rights prepared in the name of the government during the last revisional survey has got no basis since the suit land was already correctly recorded in the name of the predecessor of the plaintiffs and they have been in possession of the su......…Petitioner Vs. Government of the People's Republic of Bangladesh, and others..…………………Opposite parties Judgment February 26, 2007. Result: The Rule is made absolute in part. The record of rights prepared in the name of the government during the last revisional s......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 273. ..

Category: Property Law | Date: | Hits: 100

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

.... it does not depend either upon the regularity of the exercise of that power or upon the correctness of the decision pronounced for the power to decide necessarily carries with it the power to decide wrongly as well as rightly." 16. A Court has jurisdiction to decide wrong as well as right. If it......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......na, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..

Category: Criminal Law | Date: | Hits: 114

Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......onment for more than 7 years, the accused may be tried summarily under the provisions of Chapter XXII of the Code. Next, he has pointed out that photographs taken at the time of the occurrence or the recorded conversation have been made admissible in evidence under section 16 of the Ain. 17. We h...... without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ..

Category: Criminal Law | Date: | Hits: 177

Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)

....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ....... Learned Advocate for the petitioner refers to Ext.1 and Ext.2 C.S. khatian no.48 and S.A khatian No.15 and also refers to Ext.ka C.S Khatian 48 and shows that suit lands in dag No.564 and 565 stood recorded in name of Birbol Chatri. He then refers to Ext. cha C.S of kabala dated 10.5.1968 by which...... judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......he Rule. 2. Opposite party No.1 appeared through engaged Advocate to contest. 3. Rule being ready was fixed for hearing. 4. Learned Advocate for the petitioner refers to Ext.1 and Ext.2 C.S. khatian no.48 and S.A khatian No.15 and also refers to Ext.ka C.S Khatian 48 and shows that suit lan..

Category: Procedural Law | Date: | Hits: 118

Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)

....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ...... selling for a long time and thereby committed offence under section 25(Ga) of the Special Power Act. Hence the FIR was lodged. 3. The police investigated the matter and collected the BSTI report, recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and sub......roduce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ..

Category: Procedural Law | Date: | Hits: 142

Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)

.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. .......................................Opposite Parties Judgment March 18, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XXI rules 58-61 If in execution of a decree, any property is attached any person interested may raise objection that su...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..

Category: Procedural Law | Date: | Hits: 128

Nadira Alam Vs. State, 2010, 39 CLC (HCD)

.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......he accused did not take any step to pay the cheque money. In this circumstances the complainant filed this case against the accused petitioner. 4. The cognizance Court examined the complainant and recorded his statement under section 200 of the Code of Criminal Procedure and took cognizance of th......se the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ..

Category: Criminal Law | Date: | Hits: 134