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Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....ion (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Md. Akkas Ali…………………………Petitioner Vs. The Government of Bangladesh and others……………………………..Respondent Judgment May 31, 2010. Result: ......aban at Jogandronagar (Annexure-'G') should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, in short, is as follows: 3. The petitioner is a consci..

Category: Administrative Law | Date: | Hits: 261

Haji Azizur Rah­man and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)

....upreme Court High Court Division (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Haji Azizur Rah­man and others………………………Petitioner Vs. Syeedul Haque Chowdhury………………......uated in R.S Plot No.6639 and damaged a portion of it and also looted away movable articles causing a loss of Tk. 40,000/- to him. It was further alleged that his father was orig­inally owner of the property and after the death of the father he and his other co-sharers inherited the same along with..

Category: Procedural Law | Date: | Hits: 78

Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)

.... No.724 of 1991 (Dhaka) Criminal Appeal No.26 of 1990 (Rangpur). Judgment Muhammad Ansar Ali J.- This appeal at the instance of accused Md. Mostafizur Rahman is directed against the Judgment and order dated 28‑1‑1990 passed by Mr. Md. Abdus Samad, Special Judge, Court No.III, Rangpur in......date and thereafter the Judgment was delivered convicting and sentencing the accused as stated above. Thus, it appears that everything was done against the accused appellant with utmost hurry without proper compliance of the provisions of law. The order sheet ­does not show any reason or circumstan..

Category: Criminal Law | Date: | Hits: 110

Rakibuddin Talukder Vs. Government of Bangla­desh and others, 2009, 38 CLC (HCD)

....preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Rakibuddin Talukder......................Petitioner Vs. Government of Bangla­desh and others.......................Opposite Parties Judgment January 27, 2009. Result: The......title on imperfect docu­ment The plaintiff basic title deed is an unregis­tered deed of gift. But since the plaintiff's have been successful in proving that they exclusive­ly possessed the suit property for over 12 years on the basis of this imperfect document and kept the defendants out of po..

Category: Property Law | Date: | Hits: 76

Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)

..... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......that the informant as P.W.1 being the eyewitness of the occurrence proved the prosecution cast and he was corroborated by other P.Ws. including victim as P.W.2. He finally submits that the charge was properly framed against the accused appellants in accordance with the provisions of law and they hav..

Category: Criminal Law | Date: | Hits: 83

Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)

....lice Station Case No.9(1)2002 under section 406/420 of the Penal Code pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed so far as it relates to the accused petitioner and/or pass such other or further order or orders be passed as to this Court may seem fit and proper......sult: The rule is discharged. The Penal Code, 1860 (XLV of 1860), section 405 To bring any person within the mischief of section 406 of the Penal Code, 1860, there must be "entrustment with property" or 'dominion over property' of other person. But such 'entrustment with property' or 'domi..

Category: Criminal Law | Date: | Hits: 116

Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)

.... the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V of 1898); section 103 The search and seizure of any matter must be conducted in presence of two independent witnesses and in the abse......hree) months simple imprisonment and confiscating the foreign currency in favour of the state should not be quashed and/or pass such other or further order or orders as to this Court may deem fit and proper. 2. The accused-petitioner and others were placed on trial before the Court of the Metropo..

Category: Criminal Law | Date: | Hits: 109

Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)

....ivision (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Asaduzzaman J Abdul Khaleque Shah……………………………….Petitioner Vs. Administrator of Waqfs and others…………………………………..Respondents Judgment December 2, 1996. R......r in brief the Ordinance, should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. Petitioner was appointed on 9‑2‑1980 Mutwalli of Hanif Shah Waqf Estate (EC No.843..

Category: Trust/Waqf Law | Date: | Hits: 85

Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)

....enior Advocate, instructed by Nazrul Islam Bhtiiyan, Advocate-on-Record—For Respondent Nos. 1(a)-1(e). Not represented—Respondent Nos.2-7. Civil Appeal No.280 of 2010. (From the judgment and decree dated 14th day of October, 2009 passed by the High Court Division in Civil Revision No.39......ে। কারণ বতৃমানে রাজউক ও ডিপুটি কমিশনার এল, এ, উপরোক্ত মোকদ্দমায় necessary party কাজেই proper adjudication এর জন্য তাহাদিগকে উক্ত মোকদ্দ..

Category: Property Law | Date: | Hits: 104

Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)

....e Party Judgment August 28, 2008. Result: The Rule is discharged. A Sub-Inspector of Police or an Officer above has inherent power to investigate into an offence in accordance with law and he has also been specially empowered by section 36(1) of the Madak Drabya Niantran Ain to search......0 (hereinafter referred to as the Ain) now pending in the Court of Sessions Judge, Sirajgonj, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Heard the learned Advocates appearing for both the sides. Perused the application unde..

Category: Criminal Law | Date: | Hits: 90

Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)

....y Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and the only remedy lies against such decree/order is the revisional jurisdiction of the High Court ......ause as to why the impugned judgment and decree complained of in the revisional application should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The petitioner, as plaintiff, instituted T..

Category: Civil Law | Date: | Hits: 114

Pran Gopal Saha and others Vs. Rafique Uddin Ahmed being dead his heirs 1(Ka) Fatema Begum and others, 2010, 39 CLC (HCD)

....own the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 444. ...... passed by the learned Senior Assistant Judge, Shingail, Manikganj in Title Suit No.118 of 1983 should not be aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- Late Indra Mohan Saha father of the petitione..

Category: Civil Law | Date: | Hits: 103

Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)

....or the Opposite Parties.  Civil Revision No.1730 of 2006. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned Judgment and order dated 20-4-2006 passed by the learned District Judge, Pirojpur being Election Appellate Tr...... in Election Tribunal Case No.6 of 2003 allowing the prayer for recounting of ballot papers should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The opposite party as the petitioner filed Election Tribunal Case No.6 of 2003 before ..

Category: Election Law | Date: | Hits: 509

Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)

.... Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision so as to reach finality in the matter of a disput......fendant-petitioner Abdur Razzak as plaintiff laid a suit being Title Suit No.136 of 1959 in the First Court of Munsif at Comilla seek­ing following reliefs: i. Declaration of Rayati title on suit property described in second schedule to plaint and, also, for confirmation of possession therein. ..

Category: Property Law | Date: | Hits: 69

Ittefaq Group of Publications Limited and others Vs. Arab Bangladesh Bank Limited and others, 1998, 27 CLC (HCD)

....e is also Reported in: 50 DLR (HCD) (1998) 597. ......esponsibilities as regard management of accounts of the company for which he was empowered by a unanimous resolution of the company taken on 30‑9‑90 and he was acting as such till 7‑1‑95. For proper appreciation of the whole matter let us look into the resolution dated 7‑1‑95 which runs ..

Category: Company Law | Date: | Hits: 127

M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

.... This Case is also Reported in: ......sh this task need to be found. Justicerequires that the verdict be formally overturnedand that there be an official acknowledgementthat the entire so-called ‘trial of Abu Taher’ was aviolation of proper legal procedure andrepresented a violation of the fundamental rightsof the accused to due pro..

Category: Criminal Law | Date: | Hits: 154

Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)

.... This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......plaintiff. 2. Appellant "Amarbati Natya Mandir" instituted Other Class Suit No. 41 of 2001 through its secretary Shri Piyush Kanti Ghose against the respondent for declaration of title in the suit property mentioned in the schedule to the plaint. The secretary of the plaintiff died on 25th March ..

Category: Civil Law | Date: | Hits: 104

Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)

.... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Md. Abdul Jabbar Sarker…………………………..Petitioner Vs. State and another……………………….Respondents Judgment October 25, 2011. Result: Th......Criminal Procedure in not examining the complainant or his witnesses. 20. In consideration of the allegations made in the petition of complaint we hold that the learned Senior Special Judge took a proper decision not to proceed with the case. 21. The grounds taken in the revisional appli­cati..

Category: Procedural Law | Date: | Hits: 92

Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

....lso Reported in: 17 BLC (HCD) (2012) 511. ......of 1987 as per decree passed in Title Suit No.280 of 1970 in respect of the 7 (Seven) SA Plots measuring 5-17 acres and/or pass such other or further order or orders as to this court may seem fit and proper. 2. Facts leading to the institution of the writ petition are as follows: - That the l..

Category: Property Law | Date: | Hits: 115

Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)

....e Section 299 of the Penal Code which deals with culpable homicide requires that there should an intention to cause death or knowledge that death is likely to be caused as a result of such injury and there is nothing in the section which necessitates that the homicidal intention or knowledge mus......her accused persons also gave blows on different parts of the body of victim Wahed and they also snatched away a wrist watch, cash Taka 700/- a electronic Torch light and some documents regard landed properties; that the witnesses came to the place of occurrence from bazar and saw the injured Wahed ..

Category: Criminal Law | Date: | Hits: 66