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Abbas Ali and others Vs. Sharif Hossain Chowdhury and othÂers, 2010, 39 CLC (HCD)
....¦¤à¦¾à¦°à¦•à§ƒà¦¤)। 4. It is the case of the plaintiffs that, suit land originally belongs to Meher Ali, whose name was recorded in CS Khatian. Meher Ali died leaving sons, Monsur Ali, daughter Chand Banu and Belhak Banu and wife Ayatunessa. Monsur Ali died leaving sons, Abbas Ali and Darbesh A......e not genuine, this decree prove the fact that the defendants are in possession and their khatians were prepared legally as that have not been cancelled and the defendants are paying rents and other Government taxes and revÂenue regularly. ………………………(16) Statements of written st......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....tate, 47 DLR 537; Nazir Hussain Vs. Md. Shafi, PLD 1965 SC 188 = 17 DLR (SC) 40; Md. Ramzan Vs. Nasir Hossain, 21 DLR (SC) 104; Abul Kalam Azad Vs. State, 58 DLR (AD) 26; State-Complainant Vs. Paran Chandra Baroi, Death Reference No. 7 of 1980; Paran Chandra Baroi Appellant Vs. State, Criminal Jail ...... charge must depend upon judicial evaluation of totality of evidence, oral and circumstantial, and not by an isolated scrutiny. Prosecution version is, also, required to be judged taking into account overall circumstances of case with a practical, pragmatic and reasonable approach in appreciation of......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....arose amongst themselves touching that distribution and thereafter Abul Kalam Azad, Ex-Union Parishad Chairman was asked to recover money from the aforesaid Anisur Rahman and ultimately Anisur Rahman handed over Indian Rupee 900 in presence of witnesses which Abul Kalam Azad gave it to the informant......ns to give effect to the manifest intention of the legislature or to make up deficiencies which are left there. If the Court does so, it would amount to be legislation. As such, for possession and recovery of any illegal forÂeign currency including Indian currency from a perÂson cannot be a punish......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ed by the petitioner against the father of the opposite party No.2, the petitioner attacked the opposite party No.2 on the veranda and snatched away a Seiko-5 wrist watch valued at Tk. 1,800 from his hand. The petitioner also dragged the opposite party No.2 by catching hold of his shirt towards a Ba...... by the Magistrate, lies under section 439A as it is barred under section 439 (5) of the Code of Criminal Procedure. 21. Whenever the High Court is satisfied that the mandatory provision of law is overlooked High Court Division exercising its discretion power under section 561A of the Code of Cri......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....7.79 beÂfore the Sub-Divisional Magistrate, Gazipur, allegÂing that he along with his three brothers purchased .90 decimals of land in two separate kabalas dated 25.6.79 and 2.7.79 from one Rashik Chandra BarÂman, son of late Rai Charan Barman at a total conÂsideration of Tk. 6000/-. It is furth......esent case are totally absent and as such the order of conviction and sentence under section 467 of the Penal Code cannot be sustained. It appears that both the parties are claiming conflicting title over the land in question from two different sources as conÂsidered above. There is no evidence on ...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..Category: Procedural Law | Date: | Hits: 111
....ed deed of lease being No. 5797 dated 9-7-52 to one Rahim Dad Khan. Same date Radha Sham Banik also transferred the rent receiving interest to Rahim Dad Khan by another registered deed being 5798 and handed over possession of the land to him, Annexure C and C1.
5. After the wholesale acquisition ......t Division
(Special Original Jurisdiction)
Present:
MA Rashid J
Md. Ashfaqul Islam J
Romisa Khanam …………………Petitioners
Vs.
Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respondents......ince then been managing the Estate. The Court of Wards was under the Board of Revenue up to 1973. In the year 1989, the Land Reforms Board Act was promulgated and by office order dated 23-5-1989, the management of the Estate came under the Land Reforms Board, Annexure-Y and Y1.
19. After the land..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....€¦â€¦â€¦â€¦..(36) The appellants were members of the unlawful assembly armed with deadly weapons and they came with the condemned prisoner to the place of occurrence with the said weapons in their hands. This evidence is sufficient to hold them liable for the offence under section 144 of the Pena......s from the trend of cross-examination, is that since there was personal enmity between the Ward Commissioner Taslimuddin Babul of Ward No.15 and accused Ershad Ali Sikder, Commissioner of Ward No.21, over various matters including the Kacha Bazar within the area of ghat No.7 accused Ershad and other......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)
....dent Properties (L&B) and others, 3 MLR 18; Islamic Republic of Pakistan through Defence Secretary, Government of Pakistan Karachi Vs. Nazar Din Khattak & Sons, 21 PLD (Peshawar) 313; Harish Chandra Bajpai Vs. Triloki Singh (S), AIR 1957 SC 444; Secretary, Ministry of Food Division, Governme......aker of the statement and makes him liable to prosecution if the statement is proved to be false hence the swearing of the statement of return of election expenses cannot be said to be mere form. Moreover, it is a mandatory requirement of the law that the statement be sworn on affidavit. In the abse...... 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
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
.... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ......: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aminur Rashid Chowdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. R...... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....his own residence in addition to the residence of his father in the suit dwelling house and the said tact having been fully corroborated by the evidence of his attorney deposing as P.W.1, Sree Dulal Chandra Dutta, P.W.2 Advocate Commissioner Kishore Kumar Das, P.W.3, Sree Milon Shil and the evidence...... it. The learned Advocate submits that these specific assertions of the plaint have not been denied by the defendant appellant either in his written statement or in his evidence before the Court. Moreover, these assertions have been convincingly proved by cogent and consistent evidence. The learned ......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
....atch upon the surface, it is impossible to infer from the evidence alone that grievous hurt has been caused within the meaning of the definition in section 320 of the Penal Code." 20. On the other hand, the essential ingredients to attract section 326 are: (i) voluntarily causing hurt; (ii) hurt ...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....est Bengal Vs. Vshti Bhusan, 64 CWN 842; Re D. (Minors) (Adoption Reports: Confidentiality), [1996] AC 593 at page 603; University of Dacca Vs. Zakir Ahmed, 16 DLR (SC) 722; State of Maharashtra Vs. Chandraprakash Kewalchand Jain, AIR 1990 SC 658; Hannam Vs. Bradford, [1970] 2 All ER 690; President ......nt. But in order to ensure an independent enquiry, it must be conducted by a committee as defined in the guidelines laid down in the case of Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh and Others in Writ Petition No.5916 of 2008. Guideline -9 (a)............... Judgment complying with the principles of natural justice 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 ..Category: Employment/Service Law | Date: | Hits: 169
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....ated the appellant who trespassed into the homestead of the informant being armed with an axe and dealt an axe blow on the sole of left leg of informant's mother. On hearing cries informant Harendra Chandra Das who was then, sleeping on the north biti hut, woke up from sleep and went to resÂcue his......ase of conflict preference can be given to occular evidence. But this is not alÂways true as there are always exceptions to it and there can be cases where occular evidence can be givÂen preference over medical evidence. Of course, no generalisation is possible in this behalf. The stateÂment of t......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
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....t schedule of the suit land on 24-12-1988. The defendant states that photo copies of all the documents relating to the suit property and deed of agreement and title deed of defendant No.1-3 have been hand over to the plaintiff. The defendant states that due to the difficulties of procuring the consi......edule of the suit land on 24-12-1988. The defendant states that photo copies of all the documents relating to the suit property and deed of agreement and title deed of defendant No.1-3 have been hand over to the plaintiff. The defendant states that due to the difficulties of procuring the considerat......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....urt did not directly record any finding, but recorded its decision to the effect that the said son is not entitled to maintenance as he had attained majority. 44. The appellate Court, on the other hand, recorded a finding that plaintiff No.2 was born out of the marriage between plaintiff No.1 and...... child in the same household without any contribution from the father whose duty it is to maintain the child. But if she does not claim separate maintenance for the child, the Court will consider her overall needs, keeping in view the fact that she has been supporting a child in the same household. ......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)
....sh, is that the District Magistrates have no jurisdiction to make orders of preventive detention detaining the detenu who are the Metropolitan Areas. Learned Additional Attorney-General, on the other hand, contends that the powers of a District Magistrate or an Additional District Magistrate in maki......te to the person the grounds on which the order has been made to enable him to make a representation in writing. The grounds are not only necessary to enable the detenu to make a representation, the government shall also place the grounds before the Advisory Board on which the order was made and the......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
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
.... Momtaz Uddin was enquired by this Court about the original kabala dated 10.5.68, learned Advocate frankly informs that at the time of sole of the land to defendant no.2 Momtaz Uddin, Samchia did not hand over original kabala deed dated 10.5.68 to defendant No.2 who stated in cross examination as D.......az Uddin was enquired by this Court about the original kabala dated 10.5.68, learned Advocate frankly informs that at the time of sole of the land to defendant no.2 Momtaz Uddin, Samchia did not hand over original kabala deed dated 10.5.68 to defendant No.2 who stated in cross examination as D.W.2 b......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ing of factory, the petitioners have incurred serious loss, that the machinery are going to be destroyed due to rush and climaxing changes. So he prays for necessary order to the concerned officer to hand over the factory along with machinery, Rolls and chemicals except food items. 11. Mr. Nizamu......f factory, the petitioners have incurred serious loss, that the machinery are going to be destroyed due to rush and climaxing changes. So he prays for necessary order to the concerned officer to hand over the factory along with machinery, Rolls and chemicals except food items. 11. Mr. Nizamul Haq......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
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....d in conformity with the provisions of sections 138 and 141 of the Negotiable Instruments Act is liable to be quashed. 4. The learned Advocate for the opposite party No.1 complainant, on the other hand, submits that the cause of action for filing of a petition of complaint under section 138 of th......he Act before a petition of complaint is filed so as to bring it strictly in conformity with the provision of section 138 of the Act. The learned Advocate for the opposite party No.1 complainant controverted the contention of the learned Advocate for the accused petitioners and contends that the cau...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....in favour of one Nazrul Islam for Taka 820 on page No.1130301 of the cheque book, who did, however, instead of encashing the cheque, returned the same to the plaintiff. On 22‑3‑1995 the plaintiff handed over a cheque, drawn on page No.1130303, for Taka 3,95,000, to his mother, Mrs. Khorsheda Akt......ur of one Nazrul Islam for Taka 820 on page No.1130301 of the cheque book, who did, however, instead of encashing the cheque, returned the same to the plaintiff. On 22‑3‑1995 the plaintiff handed over a cheque, drawn on page No.1130303, for Taka 3,95,000, to his mother, Mrs. Khorsheda Aktar Gani...... inform the bank of any unauthorised cheques purportedly drawn on the account as soon as the customer became aware of it, and that the customer was under no duty to take reasonable precautions in the management of his business with the bank to prevent forged cheques being presented for payment, nor ..Category: Criminal Law | Date: | Hits: 130
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