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Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....ccordingly the trial Court impleaded all the parties as was claimed in the written objection to have been left out of the proceeding and now the entire pre-emption proceeding stands in the name of 59 persons as opposite parties and no other parties appears to have been left out. The pre-emptee has n......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. ....... 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
.... 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.
......mpletion of attestation, the Revenue Officer shall under Rule 29 publish the draft record-of-rights for public inspection. Under Rule 30, the Revenue Officer shall decide summarily in presence of the interested parties any objection regarding ownership or possession of land or of any interest in lan...... 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)
....d of the area, and accused Ershad Ali Sikder shot him pressing his gun at his right hand side neck when on query he failed to give the whereabouts of Babul, Rahim, Malek, Alain, Rabi, All the accused persons came to the place of occurrence and killed deceased Md. Panna in furtherance of their common......r, P.W.11 stated that he recorded the dying declaration on 17‑10‑97 but he signed the same on 28‑10‑97. With regard to the evidence of P.W.15, Md. Fazlul Haque, Mr. Malek argues that he is an interested person in the prosecution of the accused persons in this case. Moreover, his statement wa......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
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....party chief. 35. In his cross-examination, D.W.2 stated that he attended lunch with Mr. Sayedee and his party two times at Batiaghata and another at Jahir High School and in that lunch party 10/15 persons attended. He denied having seen the leaflets Exhibit 3 issued by “সাম্প্রদ......ndent guilty of corrupt practice under Articles 73(3)(a) and 73(4). 63. Learned Counsel for the Respondent submitted that all the P.Ws. are deeply connected with the Awami League and, as such, are interested witnesses. Moreover they did not say anything to prove the Petitioner's allegations beyon...... to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ..Category: Election Law | Date: | Hits: 300
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....r of subjecting the victims-complainants to sexual harassment, and (iv) why Respondent No.4 should not be directed to establish a Commission of Enquiry under section 51 of the Act composed of eminent persons including a former Justice of the Supreme Court. 2. On 5.3.2009, Respondent Nos.6-10 file......Kewalchand Jain, AIR 1990 (SC) 658. In that case it is held that what is necessary is that the Court must be alive to and conscious of the fact that it is dealing with the evidence of a person who is interested in the outcome of the charge levelled by her. If the Court keeps this in mind and feels s......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 ......he organization concerned, preferably from organizations working on gender issues and sexual abuse.....................................(57) If a student is expelled even for the time being his/her educational career is seriously jeopardized. Such an expulsion is only permissible after enquiry and..Category: Employment/Service Law | Date: | Hits: 169
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....agistrate, 1st Class, Nalishi "Ka" Anchal, Adalat Satkhira under section 406/420 and 109 of the Penal Code on 19-1-2004 alleging, inter alia, that the complainant is a law abiding person. The accused persons are greedy and politically motivated. The complainant and accused persons are living in ne......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......r. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....rosecution that all P.Ws. although related to the victim are natural and truthful witnesses and in view of the circumstances then obtained at the scene of occurrence prosecution witnesses are the persons who are supposed to be present at the scene of occurrence and the occurrence having been pla...... His evidence lends corroborative support to prosecution story. Nothing could be elicited from his cross-examination to show that his testimony arising from a source which is tainted with bias or interestedness. The learned Sessions Judge also placed reliance on his testimony. The evidence of th......e appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... be entitled to such easement." Sub-section (e) upon which Mr. Issaque Gaznabi depends for his easement of necessity is as follows: "where a partition is made of the joint property of several persons,— e) If an easement over the share of one of them is necessary for enjoying the share o...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......osts. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....accused No.2 and the complainant agreed to the proposal and accordingly, the complainant paid Taka 1,60,000 to the accused Nos.1-2 in presence of other witness. On receipt of the money, the accused persons assured that the complainant would be sent to Bahrain as agreed by them. But the accused per......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. ......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)
.... is the putative father of plaintiff No.2. P.W.3, being the paternal uncle of plaintiff No.1, stated that the son was born after about 9 (nine) months of the marriage. They are the most appropriate persons to depose on the matter, and in the absence of any better evidence their evidence remains ......er Md. A Khaleque as P.W.2 and her paternal uncle Md. A Hakim as P.W.3 and another local witness P.W.4 stated that the amount of dower was fixed at Tk. 50,000. It is evident that P.W.1, 2 and 3 are interested witnesses and P.W.4 did not state as to the reason of his presence in the marriage cere......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
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....en power, among others, to bring the offenders to justice or to prevent the commission of cognizable offences or to prevent commission of public nuisances, to apprehend without unreasonable delay all persons who he is legally authorised to apprehend and for whose apprehension there is sufficient rea......that elaborate rules of natural justice are excluded either expressly or by necessary implication where procedural provisions are made in the statute or where disclosure of relevant information to an interested party would be contrary to the public interest and that the detaining authority is under ......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)
....from the existing procedure for trial as was in force in the various provisions of the Code of Criminal Procedure. Naturally, due to the departures, there was violation of equality clause because the persons who committed offences of same class had to face trial in two different forums under two sep...... referred to ground No. III of Writ Petition No.2120/03 and has submitted that the petitioner was a lawmaker in the Awami League Government and, as such, his case was transferred at the behest of the interested quarters only to victimise and harass him. 10. Mr. A Baset Majumder, the learned Advoc...... 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. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....s prepared accordingly. The approximate value of the seized products was at Taka 3,50,000/=. On interrogation of the witnesses and in the light of the circumstances, it was appeared that the arrested persons along, with the fugitive Md. Rustom Ali, Md. Afsar Ali and Pervaz in collusion with each oth......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. ......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. ...... 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 such property is not liable to attachment. After such claim or o.......................................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
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....he notice, the principle of natural justice also requires that the accused must be given a chance that he is facing a trial and has to meet the charge framed against him. In that case the two accused persons were convicted under section 156(8) of the Customs Act read with section 25(B) of the Specia......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......al on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....tnesses and produced the accused with alamats to Police Station. He identified the accused on dock. In cross examination he stated that other accused escaped from the scene. He added that about 20/30 persons assembled there. Suruj Khan was not known to him. He denied the suggestion that at the insta...... to cause serious injury to person or property, the conviction and sentence under section 3 of the Explosive Substance Act cannot be sustained. ………….(20) The police witnesses are partisan interested witnesses in the sense that they are concerned in the success of the case and their evide......ds at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ..Category: Criminal Law | Date: | Hits: 103
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....nd A submitting that in spite of the objection taken by the pre-emptee‑petitioners with regard to the defect of parties at the earliest point of time the preemptor opposite parties impleaded only 3 persons, although they were not necessary parties, leaving out the necessary parties who are palpabl...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ...... left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ..Category: Property Law | Date: | Hits: 155
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... application under Article of 102(2)(b)(i) of the Constitution and obtained this Rule. 5. On perusal of the judgment and order passed in the aforesaid Sessions Case No.20 of 1988 it appears that 4 persons have been convicted and sentenced amongst whom one Abul Hashem has been sentenced to impriso...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......rant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ..Category: Criminal Law | Date: | Hits: 88
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
..... An inquiry was made by the Deputy Commissioner through a Deputy Collector who submitted report with recommendation to take criminal action against the petitioner for using forged signatures of four persons written in the complaint petition. The Assistant Commissioner, Khagrachari District took cog......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......ari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ..Category: Criminal Law | Date: | Hits: 89
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....agistrate, Dhaka. 2. It appears that Md. Taufiqul Islam, an Assistant Director of Anti-Corruption Commission, Head Office, Dhaka as informant, lodged a first information report against the accused persons under section 2(ট)(অ) and 4(2) of the Money Laundering Prevention Act, 2009 alleging tha......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......y this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ..Category: Criminal Law | Date: | Hits: 123
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