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Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....me. 4. Police after completion of the usual investigation having found prima facie case against the accused persons namely, 1) Moinuddin, 2) Mofizuddin, 3) Mostaque Ahmed alias Mostu, 4) Kala Chand, 5) Md. Alamgir alias Alam, 6) Azizur Rahman alias Haruna, 7) Harun, 8) Abdur Rahman, 9) Habibu......42 of the Cr.P.C., to which they repeated their innocence and declined to adduce any evidence. 8. The result of the trial, the Death Reference, Jail Appeals and Criminal Appeal have already been noted. 9. Mr. Md. Abul Basher, the learned State Defence Lawyer appearing for the condemned priso..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....it marked Annexures X(1), X(2) and X(3) submitted against an application filed by plaintiff for vacating the order of stay passed by this Court at the time of issuance of the Rule. 9. On the other hand, Mr. Abdul Wahab, the learned Advocate appearing for the opposite party No.1, submits that th......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ..Category: Employment/Service Law | Date: | Hits: 29
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....before making complaint, filed Money suit No.26 of 2001 in the Court of Subordinate Judge, 3r" Court, Chittagong. 4. Mr. Kalipada Das, learned Advocate, appearing for the complainant, on the other hand, submits that there is no bar in prosecuting civil case and criminal case side by side as civil......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ..Category: Criminal Law | Date: | Hits: 114
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
....eding against the accused petitioner is tantamount to an abuse of process of the Court, which is liable to be quashed. 7. Mr. Md. Anisur Rahman, the learned Assistant Attorney General on the other hand, opposes the Rule. He submits that police after investigation submitted charge sheet against th...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ..Category: Criminal Law | Date: | Hits: 114
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....rted in III ADC 416 and in the case of Shah Alam Vs. State reported in 42 DLR 31 in support of his contention. 13. Mr. SM Shajahan Kabir, learned Assistant Attorney General for State, on the other hand, submits that the prosecution proved its case against the accused appellants by most consistent...... Khulna lodged a first information report with the business in Khulna Town; that as per the said secret information, CID constable No. 63 Md. Matiar Rahman was deputed as purchaser of forged currency notes and accordingly he was placed in room No. 25 of Hotel Aram; that henceforth the informant acco..Category: Criminal Law | Date: | Hits: 134
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....e not in a position to join together for the purpose of execution of any deed in favour of Jahanara and or her heirs the plaintiffs in the present suit. 5. The defendant Nos.8-10, on the other hand, filed their written statement denying the material allegations made in the plaint contending......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....lute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD). Lawyers Involved: P.C. Guha, Advocate - For the Pet...... individual enemy subject, may incur such expenditure out of the property as he considers necessary or expedient for the maintenance of that individual or of his family in Pakistan." It may be noted that both the rule and the paragraph quoted herein above clearly provided that vesting of enem..Category: Property Law | Date: | Hits: 64
....esh represented by the Deputy Commissioner, Jessore and another…………….Opposite Parties
Judgment
October 2, 2012.
Result:
The Rule is discharged.
Cases Referred to-
Satish Chandra Barua Vs. Samir Kanti Barua and others, 19 BLD (HCD) 609; Manindra Nath Sen Sarma Vs. Banglad......above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 57
....its that the learned Subordinate Judge has also erred in taking the view that the plaintiffs could be compensated in money.
3. Mr. Mohammadullah, learned Advocate for the respondents, on the other hand, has argued that the plaintiffs' have no prima facie case inasmuch as the gas price has been in......
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
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Category: Civil Law | Date: | Hits: 124
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....otice/summon was served upon the petitioner and, as such, the impugned Judgment and decree, so far it relates to the petitioner, is liable to be set aside. 5. Mr. Md. Mamnur Rashid, on the other hand, appearing on behalf of the respondent-bank, by filing an affidavit-in-opposition opposes the R......y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ..Category: Procedural Law | Date: | Hits: 114
....nd circumstances of the case the Artha Rin Adalat ought to have allowed the application of the appellant for one month time to deposit 25% of the bid money for the ends of justice.
8. On the other hand, Mr. Md. Abdun Nur, the learned Advocate appearing for the respondent No.1 decree-holder-Bank s......on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated.
Communicate this Judgment to the Adalat concerned at once.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 444.
..
Category: Civil Law | Date: | Hits: 145
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....posal of this appeal, are that, one Syed Shakhwat Hossain and four others, who are Respondent s Nos.1-5 before this Court, filed a Title Suit No.31 of 2011 against Md. Rezaul Karim, Mukta Begum, Md. Khandaker Amirul Islam Tuku and Sharif Masudul Haque as the defendants Nos.1-4 and also impleading ......rif Hossain has passed the impugned order directing the defendants to maintain status-quo for a period of 6(six) months. Being aggrieved, this miscellaneous appeal has been preferred by the Bank as noted above. 16. As recorded in the impugned order, the defendants No.1-3 (of Title Suit No.31 of..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......tion under section 34(1) of the Ain it has been stated that the mortgaged property could not be sold in auction. Both the contending parties are silent on this question. 14. Lastly, we likely to note that by order dated 4-10-2005 the learned Judge of the Adalat stayed further proceeding of the ..Category: Civil Law | Date: | Hits: 159
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....r 6 months and thereafter it was extended from time to time and after the death of Keramat Ali, the parents of the defendants and afterthem the defendants themselves arelicensees. 14. On the other hand the defendants claim that Keramt Ali was inducted in the suit property by way of settlement by ......d be a proper suit, he should not have recorded a pre-matured decision on adverse possession. Such observation affects the merits of the case that might be filed by the plaintiffs. 40. It is to be noted that the learned Advocate for the petitioner pointed out that in the prayer portion of the pla..Category: Civil Law | Date: | Hits: 123
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....e do not find any substance in the submission to the effect that it was a trap case and that sanction under Rule 16(1) was required to recover the alleged bribe money at the given stage. On the other hand, we have noticed that the decision reported in 60 DLR 629, is one case in which an application ......ারী কতৃপক্ষ। ৩. মামলা রজুকারীর নিয়ন্ত্রঙ্কারী কর্মকর্তা। (emphasis supplied) 21. Now, having noted the contents and the blanks in Form-3, in our opinion, the determinant factor in this case is,..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....uited on a mere technical ground, which was never raised before the trial Court. 8. Mr. Santi Ranjan Karmaker, the learned Counsel appearing for thepre‑emptee‑opposite party No.1, on the other hand, submits that since the statutory requirement of law under section 90 of the State Acquisition ...... below it appears that the learned Subordinate Judge did not agree with the learned Munsif in so far as it relates to deposit of improvement cost along with the pre‑emption application. It is to be noted in this connection that section 96 of SAT Act does no make any provision for depositing improv..Category: Property Law | Date: | Hits: 54
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
....the impugned order is liable to be set aside. 6. Mr. SR Pal, the learned Senior Counsel along with Mr. Subrata Chowdhury appearing on behalf of the plaintiff‑opposite party No.1 has on the other hand, submitted that when a suit is pending against a decree, it is incumbent upon the Court to stay...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ..Category: Procedural Law | Date: | Hits: 69
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ient did not acquire any title and possession of the said plot No. 679. Emdadullah did not transfer any land of plot No. 679 by way of kabala deed dated 27-3-1985 in favor of plaintiffs and did never hand over any possession in favor of plaintiffs. Mofizullah on 6-12-1949 did not transfer any land b......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....emptor being a subsequent purchaser cannot pre-empt the kabala of pre-emptee No.2. 11. Mr. Md. Mojibur Rahman, learned Advocate appearing on behalf of the pre-emptor-opposite parties, on the other hand, submits that the kabala of opposite party Nos.1 and 2 was not executed on 21.5.1979, but it wa......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....ence. On this point Mr. Faiz relied upon the decision reported in Siraj Vs. Crown - 9 DLR (FC) 177. 8. Mr. Nikhilesh Dutta, the learned Deputy Attorney General appearing for the State on the other hand vehemently opposes the contention of the learned Advocate for the appellant and submits that th...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..Category: Criminal Law | Date: | Hits: 43
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