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Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ...... petitioners their right; that the petitioner planted some trees and constructed some Kutcha huts over the suit land; that the petitioner filed additional written statement dated 17-10-1993 which was recorded in the file. 6. Both the parties adduced evidence both oral and documentary. The trial C......4, 2010. Result: The Rule is made absolute. Cases Referred to- 3 BLD 258; Mamud Raja Bhuiyan Vs. Md. Lal Miah, 40 DLR 271; SN Gupta & Co Vs. Sadananda Ghosh, 11 DLR 470; Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13; Ouseph Varghese Vs. Joseph Aley, (1969) 2 SC......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......hall not thereby be affected. Sub-section 2 gives overriding effect to sub-section (1) by saying notwithstanding anything contained in sub-section (1) the commission may at any time for reasons to be recorded in writing a special revision/re-examination/re-scrutinisation (পুনঃপরীক্......er on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......le cross-examining P.W.1 it was suggested to him by the defence that one. Bhaduri Bibi, wife of Ishaque Miah, is a co‑sharer to the case land and she is a necessary party, although her name was not recorded in the record of rights. Thereafter the petitioners filed an application for adding the sai...... receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..Category: Property Law | Date: | Hits: 94
....0 of the Code of Civil Procedure for return of the plaint as the plaintiff is not a financial institution as contemplated under the Artha Rin Adalat Ain. According to the petitioner the suit has been wrongly filed in the Artha Rin Adalat instead of filing it before the ordinary Civil Court. The Adal...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......tion before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......discuss and consider issue No.4 but while discussing issue Nos. 2, 5, and 6 viz question of cause of action, the right, tide and possession of the plaintiffs; discussed the question of possession and recorded a positive finding that the plaintiffs have miserably failed to prove their case. 7. The......is made absolute. Cases Referred To- 39 DLR (AD) 223 (Civil Appeal No.113 of 1983); 33 Indian Appeal cases at page 60; AIR 1984; Ghulam Muhammad Vs. Sher Dil, PLD 1967 Azad J & K 26; Kamod Singh Vs. Khemkaran, AIR 1927 (Nagpur) 260; Basant Singh and others Vs. Brij Raj Saran Singh and othe......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ...... taking cognizance was not the application filed by Shamsuddin but cognizance was taken by the learned Magistrate from the information gathered on perusal of case diary and the statement of witnesses recorded under sections 161 and 164 of the Code of Criminal Procedure. The learned Assistant Attorne......ed. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ..Category: Criminal Law | Date: | Hits: 102
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ...... institution of the instant suit perhaps, the same was done only to take preparation to file the instant suit. 15. On the other hand, from the Exhibit G‑1, it appears that the suit land has been recorded in the name of both the brothers, that is the plaintiff allowed the defendant to record his......o- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Bajera and others, AIR 1974 SC 171. Lawyers Involved: Sarder Abul Hossain for Shahidul Islam, Advocate—For the Petitioner. Abul Kamal Chowdhury, Advocate—For the Op......egistration cost for those four kabala deeds. At the time of purchase of those lands, the defendant was unemployed. He was a simple name lender of the plaintiff. The plaintiff mutated his name in the khatian and has been paying rent to the Government. Recently, the defendant claimed title in the sui..Category: Property Law | Date: | Hits: 103
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ...... 1976. 2. The plaintiff filed the suit for declaration of title in the suit land stating, inter alia, that Nazar Ali, predecessor of opposite parties No.5‑10 was the owner of 96 decimals of land recorded in plots No.757, 793 and 804 of section No.731 of mouja Harinafulia, PS Kotwali, District B...... Karim, Advocate‑ For the Opposite Party Nos.1 & 2. Civil Revision No.3257 of 1991(Dhaka) Civil Revision No.117 of 1990(Barisal) Judgment Mohammad Fazlul Karim J.- This Rule, at the instance of the plaintiff-petitioner, is directed against judgment and decree dated 5‑5‑90 passe...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......the arms and ammunition were seized and seizure list was prepared in presence of the witnesses who put their signature in the seizure list. On his lodging written ezahar, First Information Report was recorded by the P.W.4 ASI attached to Mirpur Police Station. The witness investigated the case and s......Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....idence of interested witnesses, who are all close witnesses of the deceased. In this case there being no such corroboration by the evidence of competent and independent witnesses, the trial Court has wrongly found the appellant guilty of the offence under sections 302/34 of the Penal Code. 5. Mr.......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..Category: Criminal Law | Date: | Hits: 85
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......oncern and he also denied that he did not take any step for recording the statement of the witnesses under section 164 of the Code of Criminal Procedure by the Magistrate and he also admitted that he recorded the statement of witness Abdul Kalam Azad after about two months from the date of occurrenc......wn the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294...Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......e decision was taken after observing the necessary formalities. The decision of opening all the offers was taken by the Board of Directors on consideration of the opinion of an expert. The Board also recorded the reasons for so doing which we may find at Annexure-E and I. Board examined the whole qu......d as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433...Category: Others | Date: | Hits: 174
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......tion officer. No other witnesses were examined by the prosecution. Evidence was closed. Due to absence and absconding of accused as above statements under section 342 CrPC of the accused could not be recorded by the court. Plea as disclosed through cross-examination by the State defence lawyer was o......Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ..Category: Criminal Law | Date: | Hits: 103
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....angladesh Airlines Limited) when it was a Corporation and its employees were public servants within the meaning of the Act and, as such, the petitioner's contention that section 9(2) of the Act was wrongly applied to his case, has been denied. It has been further stated that the said statements ha......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ...... 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ..Category: Employment/Service Law | Date: | Hits: 157
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......of the appellant Mosharraf Hossain and handed him over to Lakshmipur police station at about 5.30 PM. On the following day Mosharraf Hossain made a statement under section 164 CrPC (Ext. 1) which was recorded by P.W.2 Mr. Chairman Ranjan Barua Magistrate 1st Class. Subsequently appellant Mainuddin w......red by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..Category: Criminal Law | Date: | Hits: 116
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....ulfilled in regard to any property, in that case, that property cannot be enlisted in the list to be gazette notified. Even if any property which is not qualified to be enlisted but in fact is listed wrongly, such property is liable to be excluded from the list. The provision of section 5 will also ......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......n the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273...Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......n the following cases an order of the Magistrate issuing process against the accused can be quashed or set aside: (1) Where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the ac......thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......ister under section 11(7) of the Companies Act, 1994 duly changed the name of Mobil Jamuna Lubricants Limited to MJL Bangladesh Limited on 3-12-2009 (Annexure-B). 4. The petitioner thereafter duly recorded its new name in the National Board of Revenue retaining the existing TIN number 071-2-733......given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......ibit-1 and his signature on it as 1/1. 31. P.W. 10 Abdul Wadud, the Magistrate 1st Class, in his deposition stated that on 11-6-1995 he was serving as Magistrate, 1st Class, Brahmanbaria Sadar; he recorded the statement under Section 164 of the Code of Criminal Procedure of accused Abul Hashem. H......iately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242....... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...Category: Criminal Law | Date: | Hits: 112
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