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Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)

....aying for rejection of the plaint on the ground that the suit was barred under the provisions of the Arbitration Act, 1940. It appears that the learned Subordinate Judge went beyond the pleadings and wrongly held that the suit was barred by Article 158 of the Limitation Act. The question before the......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......er as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428...

Category: Alternative Dispute Resolution | Date: | Hits: 362

Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)

.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......tence of economic distress on some other grounds. The opposite parties case is that after the transfer he and other members of his family were left with only 1.01‑1/2 acres of agricultural lands as recorded in the khatian No.815 of the case mouza the khatian with the record. On the other hand, the......€‘77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......Ordinance) vide Case No.3 of 1976‑77. 2. The property in dispute consists of a homestead land 11 acres in area upon which stood a tin‑shed and a kitchen, bearing Plot No.273 appertaining to khatian No.326 of mouza Kaoraid under PS Sreepur which the applicant Abdul Baten purchased on 13.6.7..

Category: Property Law | Date: | Hits: 110

Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)

....e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......B.S doctor. He said that he does not re­member whether Rakkhi Bahini people recovered any arms and ammunitions. He does not remember any­thing of this nature. P.W. 3 is the Magistrate 1st Class who recorded the confessional statement of Masudur Rahman, Kabir Ahmed and Amiruzzaman alias Niru and pr......rom the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ..

Category: Criminal Law | Date: | Hits: 97

Sankar Gopal Chatterjee & others Vs. Additional Commi­ssioner, Dhaka Division & others, 1989, 18 CLC (HCD)

....t lawful authority and that those are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ......t lawful authority and that those are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ...... accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ......t lawful authority and that those are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ..

Category: Property Law | Date: | Hits: 116

Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)

....ng Court could either dismiss the case, strike it off or otherwise could dispose it of but in the instant case the executing Court did not do either of these three. In my opinion, the executing Court wrongly has held that the execution case in question is barred by limitation as per the provisions o...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ...... Petitioner. Safiqur Rahman with Serajur Rahman, Advocates — For the Opposite Parties. Civil Revision No. 2849 of 1992. Judgment Md. Iftikhar Rasool J.- This Rule is directed against the judgment and order dated 26-10-92 passed by the Senior Assistant Judge, Cox’s Bazar in Ot...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ..

Category: Property Law | Date: | Hits: 94

Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)

....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ith the investigation, who had prepared inquest report, sketch map with index etc. and examined some of the witnesses under section 161 of the Code of Criminal Procedure. Thereafter, he (P.W.11) also recorded statements of some witnesses under section 161 of the Code and finding prima-facie truth in......ion with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 102

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

....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......n Case No.13 dated 30.8.1993 under section 489B/489C of the Penal Code. In course of investigation, the police took them in remand for consecutive six days, but any statements whatsoever could not be recorded. However, the police, after investigation submitted charge sheet on 17.11.1993 against both......de. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 111

Abdul Mannan Khan Vs. Government of the Peo­ple's Republic of Bangla­desh & others, 1990, 19 CLC (HCD)

....resaid Trust Corporation as the agent of the principal for the income earned. The High Court, considering the provision of sec­tions 40, 41 and 42 of the Income-Tax Act held that the Commissioner wrongly assessed the income-tax against such Corporation, who in reality acted as an agent for the p.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ......e matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. .......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ..

Category: Election Law | Date: | Hits: 391

Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... Act, the original as well as the amended one, in holding that a sanction by the commission is required before lodging an FIR. The high Court Division, further misconceived the amended section 32 and wrongly held that a further sanction is required to take cognizance of the offence by the Court in s...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ......of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ..

Category: Criminal Law | Date: | Hits: 89

Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)

.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......land of this Khatian belonged to Ismail Beg and Abdul Beg. 9. It may be mentioned that no statements about CS as well as SA record have been made in the body of the plaint. The genealogy of the CS recorded to Rants has not been mentioned in the plaint. Though both the parties have claimed that Zi......eg…………………….Petitioner Vs. Hajera Begum…………………Opposite Party Judgment July 5, 2010. Result: The Rule is made absolute. Cases Referred to- Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151. Lawyers Involved: No one appears - For the Petitioner. ...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ..

Category: Property Law | Date: | Hits: 103

Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....e Act, the original as well as the amended one, in holding that a sanction by the Commission is required before lodging an FIR. The High Court Division further misconceived the amended section 32 and wrongly held that a further sanction is required to take cognizance of the offence by the Court in s......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......his Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ..

Category: Criminal Law | Date: | Hits: 107

Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)

....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......ged to Gopal Mondal who died leaving behind two daughters namely, Maharani Mondal and Sachi Rani. Maharani Mondal died leaving behind one son, Gurudas Sarker. During S.A. operation, the suit land was recorded in the names of Gurudas Sarker and Debendra Mondal in S. A. khatian No.155 in C. S. and S. ......ance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......arani Mondal and Sachi Rani. Maharani Mondal died leaving behind one son, Gurudas Sarker. During S.A. operation, the suit land was recorded in the names of Gurudas Sarker and Debendra Mondal in S. A. khatian No.155 in C. S. and S. A. Plot No.78, measuring an area of land 1.16 acres. After that, SA r..

Category: Civil Law | Date: | Hits: 186

Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)

.... by a registered deed dated 08.07.1946. After acquisition of the suit land, he had been possessing the same by paying rent to the ex-landlord and the then to the Government. Part of the suit land was wrongly recorded in the name of the plaintiff’s husband. One Tarapada filed a suit for rectificati......aintiffs filed Title Suit No.572 of 1970 in the First Court of the then Munsif, Kushtia for declaration of title. The case of the plaintiffs, in short, is that the suit property measuring 18.15 acres recorded under CS khatian No.622 of Kazihatta mouza originally belonged to Brojendra Nath Chattpadhy......ion. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......le Suit No.572 of 1970 in the First Court of the then Munsif, Kushtia for declaration of title. The case of the plaintiffs, in short, is that the suit property measuring 18.15 acres recorded under CS khatian No.622 of Kazihatta mouza originally belonged to Brojendra Nath Chattpadhya who passed away ..

Category: Property Law | Date: | Hits: 101

Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)

....by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......04 making the Rule absolute. 2. The facts narrated in this appeal are précised below: Alhaj Sheikh Mohammed Noor, father of the respondent herein, purchased 30.50 acres of land from the S. A. recorded owner. After purchase, he has been possessing the same. The predecessor-in-interest of the ...... accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......id rent by obtaining rent receipts and duplicate carbon receipts (D.C.R). The respondent has been paying rent of the case land in the name of her predecessor whose name was duly recorded in the R. S. khatian of the case land. 3. The respondent has become the owner and possessor of the case land ..

Category: Property Law | Date: | Hits: 121

Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)

....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......osed to his son that the appellant had inflicted kick on his chest, and that he was feeling very bad because of high blood pressure. After an hour he died at about 11.00 p.m. On his death, Abdul Aziz recorded Unnatural Death Case No.19 of 1993 with Fatullah Police Station, Narayanganj. In response t......e appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 101

SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)

....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......7, Chittagong and on their advise he went to the office of the accused-petitioner with Taka 10 lakhs and handed over the said amount to the accused-petitioner as bribe money, but he got the above act recorded in video camera and RAB forces arrested the accused-peti­tioner on the spot with the afore......the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..

Category: Criminal Law | Date: | Hits: 111

Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd. and others, 2010, 39 CLC (HCD)

....ce of the appellant is guided by the law of Master and Servant. In coming to such decision he relied on the case of Rupali Bank Ltd. Vs. Md. Arab Ali reported in 7 BLC (AD) 1 (in department the Court wrongly referred the case of 7 BLD 365). In that case their Lordships held that: “It is admitte......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld. Send down the lower Court records. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 359. ......1) 359. ......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld. Send down the lower Court records. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 359. ..

Category: Employment/Service Law | Date: | Hits: 175

Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)

....d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......aintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447...

Category: Property Law | Date: | Hits: 82

Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)

....rth­with from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......l Court situate within the local limits of its or his juris­diction for the purpose of satisfying itself or himself as to .the correctness, legality or proprie­ty of any finding, sentence or order recorded or passed, and as to the regularity of any proceed­ings of such inferior Court and may, w......any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......rth­with from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ..

Category: Criminal Law | Date: | Hits: 101

State Vs. Lokman Miah, 1995, 24 CLC (HCD)

....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ...... on that fateful night. 3. On 17.9.88 a First Information Report was lodged by Lokman Miah with the Police Station alleging the incident of the commission of dacoity in the bank. Thereafter police recorded the First Information Report on 21.9.88 implicating accused accused Lokman Miah to have com......ions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..

Category: Criminal Law | Date: | Hits: 73