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Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....d Sessions Judge is without jurisdiction as no such power was vested in him under the now repealed provisions of section 167 of the Code of Criminal Procedure. However, an order was passed rightly or wrongly by the learned Sessions Judge stopping the proceedings and discharging the accused persons u......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......scharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148...Category: Criminal Law | Date: | Hits: 82
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......sarkar is the police officer who held inquest on the dead body. P.W.6 KM Shahjahan is the police officer who filled up the First Information Report form. P.W.8 Farkat Ahmed Khan is the magistrate who recorded the statement of P.W.2 Molla Kamruzzaman under section 164 of the Code of Criminal Procedur......kat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ..Category: Criminal Law | Date: | Hits: 88
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
....the suit land belonged to Musa Ali. After death of Musa Ali his only son Gura Mia inherited the same. Plaintiffs are his heirs and they are in possession of the suit land. The MRR Khatian having been wrongly prepared in the name of the defendants the plaintiffs' title has been clouded and hence the ......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141....... Advocate ‑ For Petitioner. Md. Abdul Halim with Md. Md. Enamul Huq Advocates - For the opposite party. Civil Revision No.322 of 1993 Judgment Abu Sayeed Ahammed J.- The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox’s B......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141...Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......ecords at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......y 2 Alauddin, opposite party 3 Moslemuddin and Abdul Latif (now dead) the husband of the pre‑emptor and father of opposite party 2 jointly purchased on 13.12.48. 0.38 acres land of plot 686 in SA khatian 322 and 0.33 acres land of plot 685 of SA khatian 240. The land under pre‑emption is part ..Category: Property Law | Date: | Hits: 89
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......1992) 348. ......ence or misconstruction of Ext. 3 or any Exhibits in the suit by the learned SCC Judge. The learned SCC Judge has rightly taken into consideration the other documents also, namely, the rent receipts, khatians, DCR etc. which are Exhibits in this case and correctly held that the plaintiff has prima f..Category: Civil Law | Date: | Hits: 140
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......he learned Attorney General appearing for the opposite party State, submits that from the reading of the FIR, charge sheet, charge framed and the other documents, such as the statement of witnesses recorded under section 161 CrPC and the alamats seized by the police during the investigation it can......o hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ..Category: Criminal Law | Date: | Hits: 81
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......ani, the petitioner with the help of 4/5 persons kidnapped her said minor son against her will. Thereupon she inÂformed the Gulshan Police Station and accordingly G.D. entry No.618 dated 12.4.87 was recorded. She prayed for drawing up proceeding against the petiÂtioner under section 362/363 of the......ding in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516...Category: Family Law | Date: | Hits: 255
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......rshid Alam Khan, Advocate — For the Petitioner. Nazrul Islam Talukder, Advocate — For the Opposite Party. Civil Revision No. 3203 of 1998. Judgment Md. Abdul Aziz J.- This Rule at the instance of the defendant-petitioner has been obtained calling in question the order being Order No.......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ..Category: Civil Law | Date: | Hits: 122
State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)
....al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......tage of submission when he faced critical position then he stopped submission and the Hon’ble Court rejected the application as not being pressed. The said allegation is quite contrary to the order recorded on 7-7-97 which is as follows: “The learned Advocate for the petitioner submits that he h......pted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380...Category: Criminal Law | Date: | Hits: 87
....nder section 42(2)(a) of the VAT act which is refundable since the petitioner succeeded in the appeal.
8. Therefore, he finally contends that both the refunds claimed by the petitioner was refused wrongly by the VAT authority misinterpreting the provision of section 67 of the VAT Act which will n......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471.......preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471.......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471...
Category: Fiscal/Taxation Law | Date: | Hits: 323
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......es to take necessary steps on the issue while respondent No.6, Deputy Commissioner, Sunamganj by his letter dated 15-12-2005 vide Memo No. Sunam/J-Pro/SA/Balu Mohal/2005-2656(2)(Annexure-E-2) clearly recorded the fact of illegal extraction of sand from the bed and banks of the River. 9. It is fur......ds vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ..Category: Environmental Law | Date: | Hits: 1019
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......aining land. 4. The Opposite-party No.15 was made third party in the said proceeding and his case was that he took settlement of 30.11 acres of land from R.S. Khatian No.578 which was subsequently recorded in M.R.R. Khatian No.577 and he was in possession of 29.31 acres after sale and gift of sam......ure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70...Category: Criminal Law | Date: | Hits: 126
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also disÂcharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......d to the respondent in the instant case. Admittedly, the respondent was not allowed to lead evidence in defence. Further, he was not allowed to cross-examine certain persons whose statements were not recorded by the Enquiry Officer (opposite party No.1) in the presence of the respondent. There was c......, Advocate— For the Opposite Party. Civil Revision Case No. 111 of 1989. Judgment Abdul Bari Sarker J.- This application unÂder section 115 of the Code of Civil Procedure is diÂrected against the Judgment and decree passed by Mr. Md. Habibullah, Additional District Judge, Khulna in Titl......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also disÂcharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also disÂcharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......and M.H. Khan Manju and her husband's brother-in-law Russel and others about the matter. On 31.10.86 in the morning the informant sent information to Dhanmondi, G.D. Entry No.1463 dated 31.10.86 were recorded and the informant, her relations and husband's relations started searching for Nuru Miah Ch......py of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......e Suo Motu Rule No. 47/89 is also disÂcharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..Category: Criminal Law | Date: | Hits: 127
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for inforÂmation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......Additional Sessions Judge has based the order of conviction on the statement made by witnesses before the police during investigation. The learned trial Court observed that one Nazimuddin's statement recorded by S.I. Abdul Khaleque during investigation reveals that appellant Nasir was present at the......neral, Comilla for inforÂmation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for inforÂmation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89...Category: Criminal Law | Date: | Hits: 117
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......he admitted that the dead body of the victim was inside the hut of Shahjahan and he did pot enter into the hut. 23. Abul Fattah, Magistrate, 1st class, was examined by the prosecution as P.W.8 who recorded the confessional statement of accused Shahajahan Mizi on 18‑11‑2000. He stated in his e......ence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ..Category: Procedural Law | Date: | Hits: 118
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ...... Construing provision of s. 97 of Civil Procedure Code vis-a vis Or. 23, rule 3 of the Code it was held:- "Therefore, to my mind, the right of appeal against the order directing a compromise to be recorded passed under Order 23, rule 3 is not lost by reason of the decree having been passed in acÂ......ompany Ltd. Vs. Apear Collieries Ltd. and others, 1926 Cal 412, Haridas Sadhu Khan Vs. Iswar Ratneswar and others, 1933 Cal. 94; Ramnarayana Rao Vs. Ramkrishna Rao and another 1936 Mad. 358, Jarnail Singh Vs. Mst. NarainKaur and others, 1936 Lah. 766, Mst. Kalpa Vs. Sita Ram and another 1955 All 187......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 109
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......tered on 17.6.72 gave rise to this present pre-emption case under secÂtion 96 of the State Acquisition and Tenancy Act. 3. The petitioner’s case in short is that oppoÂsite party No.2 was an SA recorded tenant of the case land in plot No.314 of Mauja Sadish. The plot No.312 was owned and posse......as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ..Category: Property Law | Date: | Hits: 100
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....score of sufficient cause for his inability to file the appeal in time if any specific period is to be supposed to govern the appeal. I would consequently hold that the apÂpeal of Hakim Rai had been wrongly thrown out as barred by limitation." 16. This supports the view I have taken hereÂinbefo......n filÂing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......he best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......n filÂing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..Category: Procedural Law | Date: | Hits: 122
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......al vide order dated 3‑12‑79. The learned Divisional Special Judge framed charge against this appellant on 2‑11‑82 and without examining any witness afresh and placing reliance on the evidence recorded by the Summary Martial Law Court by the aforesaid Judgment found this appellant, guilty of ...... purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ..Category: Criminal Law | Date: | Hits: 98
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