Judgment search - Chancery Law Chronicles

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Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)

....2003 and judgment and decree dated 6-6-2005 passed in Title Appeal No.33 of 2005 by the learned Additional District Judge, 1st Court, Gazipur submits that in any event the lower appellate Court acted wrongly and illegally in setting-aside the judgment of the trial Court giving a go by to a unchallen......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ...... at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ..

Category: Property Law | Date: | Hits: 117

Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)

.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..

Category: Property Law | Date: | Hits: 138

lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)

.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......or the Petitioner. Shahabuddin Ahmad with Ferdausi Shahab, Advocates—For the Opposite Parties. Civil Revision No. 2113 of 1998. Judgment AK Badrul Huq J.-Feeling aggrieved by a Judgment recorded by appellate Court allowing a Preemption Miscellaneous Case laid under section 96 of The St......ts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..

Category: Property Law | Date: | Hits: 116

Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)

....The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ...... Tk. 20/- paid by the plaintiff as per Article 17(iii) of the Second Schedule to the Court-Fees Act was justified. As far as the valuation of the suit is concerned he found that Tk. 18,000/- has been recorded as the amount of consideration in the impugned deed. He further held that the impugned de......�………………Petitioner Vs. Md. Sheesh………………………Opposite Party Judgment April 27, 1982. Result: The Rule is made absolute. Case Referred to- Kumudini Welfare Trust Vs. Pakistan, 11 DLR (Dacca) 57. Lawyers Involved: M.I. Farooqui - For the P......The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ..

Category: Civil Law | Date: | Hits: 123

Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)

....he case and foregoing narrative we are of the view that the prosecution miserably failed to prove the charge against the appellant beyond all reasonable doubt and the learned Judge of the trial Court wrongly convicted the appellant under the said charge. Thus the appeal having merit succeeds. The im...... Hezbul Bari Kha and hearing the incident from the witnesses, brother of the deceased P.W.1, Md. Azizul Haq as informant lodged the First Information Report with the Nakla Police station and same was recorded as Nakla Police Station Case No.2 dated 01-11-1996 corresponding to G.R. Case No.451 of 199......bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ..

Category: Criminal Law | Date: | Hits: 142

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

....pon paying the balance amount of Taka 12,28,000/- before execution and registration of the sale deed within 15 days or within a limited period and the trial Court upon a completely erroneous premises wrongly decreed the suit. 17. Mr. Chowdhury the learned Advocate for the appellants cited the dec......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......appeal is allowed. Cases Referred to- Rash Behari Moshalkar Vs. Hiron Baja Debi and another, 1985 BLD (AD) 51; Silver Estate Ltd. Vs. Abdul Hakim Miah and others, 43 DLR 360; Rakhal Dasi Ranjakini Vs. Ayesha Khatoon Chowdhury and another, 1985 BLD (AD) 49; Jaggo Bai Vs. Hari Har Prosad Sing, ......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..

Category: Civil Law | Date: | Hits: 102

Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)

....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......ng been no mitigating circumstances, there was no occasion for the High Court Division or the trial Court to consider the applicability of section 304 Penal Code." 13. The High Court Division also recorded findings in as much as:- "In the case in hand the accused came to the place of occurrenc......consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ..

Category: Criminal Law | Date: | Hits: 116

Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)

....ve not been proved, then the offence under section 109 of the Penal Code does not lie. 66. On perusal of the material evidence on record, it appears that the accused Abu Zafer Siddiky @ Akhter was wrongly convicted under section 409 of the Penal Code as he is not the public servant. The ingredien......ed to cross-examine him. 30. P.W.8 Md. Motiur Rahman was the District Anticorruption officer of Chuadangha, who was the investigating officer of this case. He deposed that during investigation, he recorded the statement of some witnesses under section 161 of the Code of Criminal Procedure and obt......y on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..

Category: Criminal Law | Date: | Hits: 109

State Vs. Abul Howlader, 1995, 24 CLC (HCD)

....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257....... daughter Khodeja, and also came to learn that his son-in-law accused Abul committed the murder of his grandson who is a child of 14 days and thereafter he logged the First Information Report. Police recorded the First Information Report on his oral statement. The First Information Report is Ext.1 a......ment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257...

Category: Criminal Law | Date: | Hits: 97

Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)

....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......hich was made in the name of Jamir Uddin and others for 3.14, including the 1.08, a parting to suit plot No.27. In the R.S. Record, in Khatian No.16 the names of the heirs of Golapdi Pathan have been recorded for 3.14 acres. Jamiruddin Pattan died leaving Muslimuddin Pathan, Mujibur Pathan, and Afta...... (HCD) (2007) 534.......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534...

Category: Procedural Law | Date: | Hits: 97

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....d version that on 3.12.1965 the property was declared as Enemy Property, and, also, that from 1965-1974 no Gazette Notification had been published in respect of suit property. It is stated that D.W.1 wrongly stated geneology in as much as Ramchandra Basak died leaving behind his only son Madon Mohan......property. 4. Core contentions Contended in Plaint are: a. Ramchandra Basak, Radhika Mohan Basak and Krishna Chandra Basak were rightful owners of suit property and their name had been correctly recorded in Cadastral Survey Khatian to the extent of 2 annas 13 gondas 1 kara 1 Krantee share, 8 an...... Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ..

Category: Procedural Law | Date: | Hits: 108

State Vs. Raisuddin and others, 1996, 25 CLC (HCD)

.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......loom. 3. Daroga after getting the information arrived at the scene of occurrence on the following day and informant Abdul Jabber made an oral information (First Information Report) with the OC who recorded the First Information Report as per dictation of the informant Abdul Jabbar. Police investi...... with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..

Category: Criminal Law | Date: | Hits: 104

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568....... words, the order of acquittal will not be set aside on grounds of appreciation of evidence alone. But if the reasons given by the Trial judge are speculative and artificial in nature or the findings recorded by him are based on no evidence or misinterpretation of evidence or the conclusion drawn by......rrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...

Category: Family Law | Date: | Hits: 165

Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)

....he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ...... @ Newaz Ali, Misir Ali, Mohammad Ali and pre-emptor Abdul Mannan. As the daughters of Rahimuddin and Ambor Ali were living with their respective husbands in different places, so their names were not recorded inadvertently in S.A. and R.S. Khatian, Naimuddin while owning and possessing his share exe......gly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ..

Category: Property Law | Date: | Hits: 88

Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)

....he petitioner, submits that the learned Additional District Judge, Kushtia misconstrued the provision of Rule 44 of the Union Parishads (Election) Rules 1983 and its subsequent amendment, and thereby wrongly held that the election petition was not maintainable being filed out of time. 21. Mr. Has...... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......r his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245....... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245...

Category: Election Law | Date: | Hits: 301

Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)

....t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ...... appeal. 4. Mr. Syed Ziaul Karim, learned Advocate for the appellants, submits that besides three formal witnesses, P.W.3 the doctor who examined Mahinur, P.W.4 the 10 and P.W.5 the Magistrate who recorded the statement of Mahinur, prosecution examined only two witnesses, P.W.1 the informant and ......t Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ..

Category: Procedural Law | Date: | Hits: 85

Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)

.... should be allowed when it does not satisfy this cardinal test. 23. Thus, it has been held that where the amendment is sought to avoid multiplicity of suits, or where the parties in the plaint are wrongly described, or where some facts are omitted form the plaint by inadvertence, or where there i......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......: J. K. Paul - For the Appellant. Md. Shahidul Islam Khan - For the Respondents. First Appeal No.250 of 2002. Judgment Siddiqur Rahman Miah J.- This application for amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure arises out of FA No.250 of 2002 between pla......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ..

Category: Civil Law | Date: | Hits: 117

Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)

....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......titioner for which an arbitrator was required to be appointed. The opposite party, hence, instituted the said arbitration miscellaneous case seeking appointment of an arbitrator. 4. The petitioner recorded its appearance in the said Miscellaneous case as the opposite party and made endeavor to re......thout any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..

Category: Alternative Dispute Resolution | Date: | Hits: 218

Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... December, 2007. 15. In the first supplementary affidavit, it was stated, inter alia, that the Chairman of the Corporation in exercising his power under bidhi 50(2) (in the affidavit-in-opposition wrongly written as section) of the Probidhanmala, 1990 has terminated the petitioner from service as...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......ck wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 156

Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)

....l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ...... 18. No interference is, therefore, warranted. 19. Resultantly, this appeal is devoid of any substance and the same, thus, fails. Appeal stands dismissed. Judgment and decree dated 27‑8‑2002 recorded by learned Joint District Judge. First Court, Khulna in rejecting the plaint are maintained......d. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ..

Category: Procedural Law | Date: | Hits: 84

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