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Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....rom the heirs of the original owners by 5 registered kabalas of the year 1954-1955-the Exhibits Ka-Ka4. These defendants pleaded further that in CS Khatian the quantum of land of suit plot No.371 was wrongly printed as 0.0090 acre in place of 0.90 acre and that in view of this wrong recording of the......d 0.9007 acre of land. The trial Court and also the appellate Court took into consideration this Advocate Commissioner's report and also discussed about it in their respective judgments and clearly recorded their finding also that this CS Plot No.371 contained 0.9007 acre of land. So in these fact......l is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...Category: Procedural Law | Date: | Hits: 108
....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
...... effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......properties have been vested in the Additional Custodian of Enemy Property in East Pakistan. In this notification although there is no clear and specific mention of property (by mentioning the dag and khatian number thereto being treated as an enemy property) but the same is stated to have been veste..
Category: Property Law | Date: | Hits: 85
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....aintiff and defendant No.1 at the time of execution of the lease agreement and that this piece of evidence conclusively tilts the balance of the case in favour of the plaintiff, which the trial Court wrongly lost sight of. 14. Mr. Habibul Islam Bhuiyan, learned Advocate appearing for the defendan......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......……Appellant Vs. Dr. Naimur Rahman………………………Respondent Judgment February 12, 1998. Result: The appeal is dismissed. Lawyers Involved: Khandakar Mahabubuddin Ahmed with SR Khorshnabish, M Hasan, Advocates - For the Appellant. Habibul Islam Bhuiyan with......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ..Category: Property Law | Date: | Hits: 109
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......micidal in nature. He proves his PM report, Exhibit 6 and his signature, Exhibit 6/1. His cross-examination was declined by the defence. 21. P.W.13 Babu Shashi Mohon Ghose, Magistrate, First Class recorded the statement of accused Niranjan Malaker on 14-9-1998. He proves the said confessional sta...... any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......not disclose any offence punishable under section 165A. of the Penal Code and that the charge was framed without having found any ground and materials on record and that a Sub-Inspector of the police recorded the statements of some witnesses under section 161 of the Code of Criminal Procedure which ...... copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....prosecution, the requirement under the law is that the complaint against non-payment of money has to be filed within one month of the date on which the cause of action arises. The High Court Division wrongly rejected the application for quashing. The principle of the above decision is quite applicab......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......the Rules run as follows: “Withdrawal of reference by the Registrar on an application by any party to an arbitration proceeding pending before an arbitrator, the Registrar may, for reasons to be recorded writing withdraw the reference from the arbitrator appointed and may decide the dispute him......fect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ..Category: Civil Law | Date: | Hits: 128
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......ich has led to his conviction in a criminal charge; or b) where the authority competent to dismissed or remove the a used from service or to reduce him in rank is satisfied that, for reasons to be recorded in writing by that authority, it is not reasonably practicable to give the accused an oppor......the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..Category: Employment/Service Law | Date: | Hits: 182
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......d forwarded the same along with the share‑certificates to the company on 7.6.87 for transmission of shares in their names. But unfortunately, the respondent No.2 did not allow the petitioners to be recorded in place of late Md. Ashraf Ahmed. The petitioners verbally approached the respondent No.2 ......s to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256...Category: Company Law | Date: | Hits: 233
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......case being No.19 of 2005 in the Court of the Senior Assistant Judge, Paikgacha, Khulna against the rule petitioner and opposite party Nos. 2-14 on the allegation contending, inter alia, that the SA recorded tenant Jogendra Nath died leaving his son Bikash Mondal from whom the pre-emptor and Babu R...... to- Serajul Mostafa Vs. Ali Ahmed Sikdar, 33 DLR 168; Munshi Md. Fazlul Haque Vs. Saleh Ahmed, 13 MLR (AD) 332; Md. Abdul Hoque Gazi Vs. Mohammad Shamsul Haque, 9 MLR 380 = 9 BLC 600; Shafique Uddin Ahmed Vs. Abdur Rashid, 7 BLC 255. Lawyers Involved: Bivash Chandra Biswas with HM Borhan, ......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......apur police station GD Entry No.1254 dated 24-12-2000 and the police, upon investigation held with reference to the said GD, filed a Non-FIR prosecution against the accused petitioner and 2 others, recorded as Sutrapur police station Non FIR prosecution No.295 dated 12-9-2001 under sections 495/49....... Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235...Category: Criminal Law | Date: | Hits: 79
....gh Court observed:
Provision of section 36 of the Stamp Act is mandatory which provides that accept for reason laid down in section 61 of the Act once a document is admitted in evidence rightly or wrongly it is not permissible to the Court whether it is a Court of appeal, revision or trial Court,......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......lier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....ious grounds. He firstly, contended That in The instant case that the main witnesses namely, PWs 1‑6 and 7 were examined in the absence of the appellant and the evidence of those witnesses has been wrongly used against this appellant without fulfilling the conditions as laid down in section 512 of......re also police personnel’s. They have been examined in absence of the accused and hence there was no cross-examination. PW one Md. Abdul Gafur was a Duty Officer at the Mirpur Police Station, who recorded the FIR in regular form, PW 9 KM Shajahan was the 2nd Investigating Officer in this case, P......connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
....ndustries and another reported in 19 DLR 287, (Special Bench). 5. Section 8C of the Court‑fees Act reads as follows: "If the Court is of opinion that the subject‑matter of any suit has been wrongly valued it may revise the valuation and determine the correct valuation and may hold such inq......on 8C the Court may depute, or issue a commission to any suitable person to make such local or other investigation as may be necessary and to report thereon to the Court. Such report and any evidence recorded by such person shall be evidence in the inquiry. (2) The Court may, from time to time di...... Represented ‑ For the Opposite Party. Civil Revision No.3141 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 30‑7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997 has been called in question. By this order the learned Assistant Judge ...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451...Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......total 0.74½ acres of land from Plot Nos.254, 230 and 236/754 from Raja, and got possession. The plaintiff also took settlement of 0.06 acres of land from 'Kha' schedule of property from the original recorded tenant in the month of Chaitra, 1355 BS and after paying rent he is in possession in 0.82 a....... Result: The Rule is discharged Cases Referred to- Laxmi Kanta Roy Vs. Upazila Nirbahi Officer, 46 DLR 136; Nittya Gopal Roy Barman Vs. Pran Gopal Nandi, 32 DLR 11; Akrab Ali Vs. Zahiruddin kari, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD) 57; Abdul Mutalib Vs. Md. Mostakin Ali, 1999 BL......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ssed the Matriculation examination in the year, 1961 from Shahatoli High School and after getting the Matriculation Certificate he observed that in the Matriculation certificate his date of birth has wrongly been written and being conversant of the aforesaid wrong entry of his date of birth in the M......re the Magistrate, 1st Class Chandpur had sworn an affidavit on 3-7-1963 correcting his date of birth as 3-1-1945; that thereafter when he applied for the post of B.Com teacher, in his application he recorded his date of birth as 3-1-1945 and on the basis of interview, he was appointed as BCom teach......HCD) (2010) 426. ......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....case doubtful. Mr. Khandker further submits that as there is serious doubt as to the cause of death of the deceased, as benefit of such doubt the accused is entitled to get acquittal. The Court below wrongly convicted and sentenced him. Therefore, the impugned Judgment and order of conviction and se......fore arrival of the informant party the accused in writing informed Gulshan Police Station that the deceased committed suicide the hanging. On the basis of which Unnatural Death Case No.2 of 2004 was recorded and SI Biman Kumar Das was entrusted with the investigation of the same, who went to the ho......fect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....ntrary to such argument the plaintiff appellant-opposite-party contends that a series of decisions of this Court and the law itself provides that once a document is admitted into evidence, rightly or wrongly, the same cannot be discarded later, on the ground that the same has not been properly stamp......ia, that the defendant No.1 Naimuddin Molla had obtained settlement of a landed property as a landless person on 17-1-1979 from the government of Bangladesh, defendant No.2, which was a khas properly recorded in khas khatian No.1, measuring 1.32 acres of land comprised in Plot No.1334 and 1193 withi......s below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......ndant No.1 Naimuddin Molla had obtained settlement of a landed property as a landless person on 17-1-1979 from the government of Bangladesh, defendant No.2, which was a khas properly recorded in khas khatian No.1, measuring 1.32 acres of land comprised in Plot No.1334 and 1193 within mouza Krishnapu..Category: Procedural Law | Date: | Hits: 120
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444....... The plaintiff‑petitioner filed the suit on the allegations, inter alia, that the suit land comprised of plot Nos. 752 to 756 originally belonged to one Murari Mohan. The said Murari Mohan was a CS recorded tenant and after his death the suit land was devolved on his only son Gopal Chandra. Gopal ......ed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444...Category: Property Law | Date: | Hits: 84
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ...... suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......রী এবং দোকান ঘর বাবদ ২৯ শতক জমি বাদ যাইবে”। The plaintiff has not stated by giving any separate schedule giving particulars to the khatians, plot numbers and the area of the land which he had sold to others and in which plots of la..Category: Property Law | Date: | Hits: 105
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