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Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....case land comprised in SA Plot No.408, within Mouza Kadamrasul under police Station Golapgonj measuring 1.39 acres of land which they have transferred to the Pre-emptee No.1 on 20-12-2003 through the registered deed No.5270 dated 20-12-2003 beyond the knowledge of the pre-emptors. The land transferr......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......urrent finding is not tainted with perversity or illegally the same cannot be interfered with……………………(33) Cases Referred to- Hossain Ahmed Chowdhury Vs. Md. Nurul Islam, 47 DLR (AD) 162; Parsotim Vs. Lal Mohar, 58 IA 255 28. Lawyers Involved: Mahbubey Alam, Attorney-Gener..Category: Property Law | Date: | Hits: 88
....arayan Roy Chowdhury and his sons in sixteen Annals permanent Jamindarirights and CS Khatian was accordingly, prepared in their names. In 1336 BS, said land was settled with one Radha Sham Banik by a registered deed being No. 910 dated 25-4-29 AD, who possessed the land by payment of rents up to 195...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......……………………Respondents
Judgment
May 20, 2008.
Result:
The Rules are made absolute with cost.
Case Referred to-
Bangladesh Vs. Sree Sree Modan Gopal Jeo Begraha, 33 DLR (AD) 13; Anwara Begum Vs. Noorjahan Begum, 27 DLR (AD) 109; Azmiri Begum Vs. Bangladesh; Osimuddin Vs..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....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. ......o the place of occurrence after hearing the gun shot and saw deceased Panna lying on the ground with severe bleeding injury. P.W.1 then informed the occurrence to the police at Coal dump Police out‑post. Subsequently police came and removed Panna to 250‑bed Hospital in Khulna and later on he was......nder section 144 of the Penal Code, 1860……………………….(37) Cases Referred to- Mahbub Shah Vs. Emperor, AIR 1945 PC 118; Md. Chand Mia @ Chand Mia & others Vs. State, 1999 BLD (AD) 155. Lawyers Involved: Md. Golam Kibria, Deputy Attorney-General with, Md. Helaluddin Moll..Category: Criminal Law | Date: | Hits: 110
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....nd finally renumbered as Partition Suit No.72 of 2003 before the 1st Court of Joint District Judge, Chittagong, praying for buying-up the 3rd schedule property to the plaint sold to this appellant by registered deed of exchange bearing No.786 executed on 15.07.1996 and registered on 20.07.1996, regi......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. ...... Bhattacharya and another, AIR 1928 (Cal), 519; Sree Adhar Prosad Singh and others Vs. Kishore Prosad Singh and others, IC 190 page 117; Sree Jugal Kishor Sarkar Vs. Azizur Rahman and others, 40 DLR (AD) 170; Sayda Bibi and others Vs. Juma Saha and others, 42 DLR (AD) 53; Noorjahan Akhter Vs. A. Mot..Category: Property Law | Date: | Hits: 132
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....ode of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fall absolutely within the jurisdiction of the R......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....rtem report submitted charge-sheet against the appellant under section 302 of the Penal Code. 4. The Upazila Magistrate sent the case for trial to the Court of Sessions Judge, Brahmanbaria. It was registered as Sessions Trial Case No.12 of 1987.Defence case was that the father of the inforÂmant ...... S.I. Abdur Rahman for investigation. Police came to the house of the inforÂmant, held inquest on the dead body of the inforÂmant's mother Kushala Maya Rani and sent the dead body to the morgue for post mortem examination. The I.O. visited the locality, seized alamats and exÂamined witnesses and ......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)
....nt Nos.1-3 freshly settled the price of the first schedule property at Taka 70,000 and after accepting entire consideration money at a time from the defendant No.4, the defendant Nos.1-3 executed and registered Sub-kabala deed on 4-3-1989 in favour of the defendant No.4 and delivered possession ther......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. ......ble to be set aside………………(15) Cases Referred to- Mohiuddin Mollah Vs. Province of East Pakistan, 14 DLR (SC) 112;Hakim Mia, 43 DLR 360;43 DLR 360; Ezher Meah Vs. Shaker Banu, 2 BLC (AD) 30. Lawyers Involved: Nikhil Kumar Saha, Advocate - For the Petitioner. Harendra Nath..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....plaintiff No.1 for the period from the date of filing of the suit till dissolution of the marriage. 8. Defendant's Case: The defendant Md. Abul Hashem, in his written statement, admitted the unregistered marriage with the plaintiff. However his case is that the marriage was solemnized on 07-1......1 gave birth to plaintiff No.2 on 23-03-1982 as a result of her pre-marital illicit relationship with some other person. So the defendant, on 06-10-1982, sent to plaintiff No.1 a notice of divorce by post. Thereafter he entered into a second marriage in January 1984. Issues framed, evidence adduc...... First Schedule to the Limitation Act, 1908 i.e. 6 years prior to the date filing of the Family Suit……………………(50 & 52) Cases Referred to- Jamila Khatun Vs. Rustam Ali, 4 BLT (AD) 97; 48 DLR (AD) 110. Lawyers Involved: Md. Abdul Haque - For the Petitioner. Md. ..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....e basis of this maxim the plaintiff has created right from the transferor though the said transferor is trying to prejudice the right of the plaintiff by subsequent transfer to the petitioner through registered deed which cannot be sustained…………………..(11 & 12) The concurrent find....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......t be interfere with in the revisional Jurisdiction………………(13) Cases Referred to- Abdus Samad Khan Vs. Wajed Ali Fakir, 44 DLR 495; Shambhu Nath Poddar Vs. Bangladesh Railway, 43 DLR (AD) 83. Lawyers Involved: Nikhilesh Dutta, Advocate - For the Petitioners. AB Roy Cho..Category: Property Law | Date: | Hits: 134
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....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. ......f the detenu detained improperly or illegally or the High Court Division itself can act suo moto in view of the expression used in sub‑section (1) of section 491 that "Whenever it thinks fit" which postulates that if it appears to the High Court Division to take appropriate action against an impro......eman Vs. Borneman, 1971 AC 297; Schmidt B Secy. of State for Home Affairs (1969) 2 Ch D 149; Maneka Gandhi Vs. Union of India, AIR 1978 SC 597; Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1; Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury, 29 DLR (SC) 41; Haradh..Category: Criminal Law | Date: | Hits: 114
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....ster for 1966 about death of Birbol chatri of village Najirpur under P.S Patnitola in District Noagaon from concerned Record Room or concerned Authority. Similarly volume of kabala dated 10.5.1968 registered in Patnitola Sub-Register Office by Birbol Chatri in favour of Samchia for the suit land ......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. ...... Sreemoti Bimala Rani Roy @ Bigini Roy and others………………………..Opposite parties Judgment December 1, 2008. Result: The Rule is discharged. Case Referred to- 43 DLR (AD) page 78. Lawyers Involved: Sk. Md. Morshed, Advocate - For the petitioner S. N. Goswam..Category: Procedural Law | Date: | Hits: 118
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... cheque is returned by the bank unpaid for any of the reasons mentioned therein provided (1) the cheque is presented to the bank for encashment; (2) the payee should have made a demand for payment by registered notice after the cheque is returned unpaid; and (3) the drawer should have failed to pay ...... 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. ......rovided under sections 138 and 141 of the Act arises only for once. …………..(10) Cases Referred to- Habibur Rahman Howlader Vs. State 55 DLR 199; Habibur Rahman Howlader Vs. State 53 DLR (AD) 111. Lawyers Involved: Md. Ali Akonda, Advocate-For the Petitioners. MA Gaffar, Advocat..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....o the tune of Taka 3,52,000 (three lac fifty-two thousand) only. 2. One Dewan Md. Yusuf, as the plaintiff, filed the aforementioned suit by impleading Islami Bank Ltd, a Dhaka-based schedule bank, registered with the Registrar of Joint Stock Companies under the provisions of the Companies Legisla......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... is tribal by Sessions Judge, so the cognizance Court taking cognizance transferred the case to the Sessions Judge, Cox's Bazar for trial. The Sessions Judge received the case record on 17-6-2008 and registered the case as Special Tribunal Case No.192 of 2008 who has been trying the case as Special ......ner admits such receipt of notices. Moreover the case of the complainant is that the legal notice under section 138(1)(b) of the Negotiable Instruments Act was issued on 14-12-2006 through registered post with AD. It is preÂsumed as per the provision of law that the said notice has been duly served......ts of the said offence was done. ……………………(27) Cases Referred to- Osman Goni Vs. State, 15 BLD 501; Abdul Alim Vs. Biswajit Dey, 59 DLR 236; Ali Akkas Vs. Enayet Hossain, 27 BLD(AD) 44. Lawyers Involved: Md. Abdul Jalil, Advocate - For the Petitioner. Sakila Row..Category: Criminal Law | Date: | Hits: 134
.... Ahmed J.- These are six Applications filed under Section 7 Ka of the Arbitration Act, 2001 (hereinafter referred to as 'the act") concurrent with all these Application being admitted for hearing and registered accordingly on 7-2-2007, except for Application No.08 of 2007 as was admitted on 8-2-2007...... of civil unrest and attendant labour troubles and, thereby, requesting BCIC to let performance under each of the six contracts to be held in abeyance and for deliveries under these conÂtracts to be postponed until such time as the Force Majeure situation as defined under common Article 23 of each ...... Orders previÂously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....ves as the co‑sharer tenants of the holding by way of inheritance. The pre‑emptee opposite party Nos.3 and 4 sold the suit land to the pre-emptee‑petitioners Nos.1 and 2, who were strangers, by registered kabala dated 29‑4‑80 without giving any notice of the sale. The pre-emptee‑petition...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦.Opposite Parties Judgment June 8, 1997. Result: The Rule is made absolute. Cases Referred to- Abdus Samad & others Vs. Md. Sohrab Ali & others, 33 DLR (AD) 113; Md. Abdul Jalil Vs. Durjan Ali @ Siddique Hossain and others, 33 DLR (AD) 269;Motilal Sikde..Category: Property Law | Date: | Hits: 155
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......wo weeks from the date of receipt of the order. 3. The short fact relevant for disposal of the Rule is that the detenu was arrested on 1‑6‑97 by Md. Afsar, ASI in charge of Hajirhat Police out post PS Ramgati, District‑Laxmipur from his village home in connection with ST Case No.20 of 1988 ...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ..Category: Criminal Law | Date: | Hits: 88
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......-Inspector Uzzal Kumar Dey who havÂing been in the place of occurrence prepared the inquest report on the corpse of the said unknown man, aged about 35 years and sent the dead body to the morgue for post-mortem examination. There were some marks of injuries and violence on the shoulders, right hand......t Judgement May 13, 2012. Result: The death sentence is rejected. The criminal appeal and the jail appeal are allowed in part. Cases Referred to- Anisur Rahman Vs. State, 6 BLD (AD) 79; Billal Vs. State, 52 DLR (AD) 143; Vola Vs. State, 55 DLR 36; Hassen Ali Vs. State, 38 DLR 2..Category: Criminal Law | Date: | Hits: 147
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......hority Mr. Kazi Habibul Awal, Additional Secretary of the Legislative Drafting Wing of the Ministry of Law, Justice and Parliamentary Affairs, the Respondent No.5, is holding or purported to hold the post of Secretary-in-Charge of the Ministry of Law, Justice and Parliamentary Affairs, Government of......6; Masder Hossain's case; Ahmed Vs. Bangladesh, 40 DLR (HCD) 352; Dr. Kamal Hossain Vs. Muhammad Sirajul Islam, 21 DLR (SC) 23; King Vs. Speyer, LR (1) 1916 KB 595; Bangladesh Vs. Shafiuddin, 50 DLR (AD) 26. Lawyers Involved: Ajmalul Hossain with M. Quamrul Haque Siddique, Md. Aftab Uddin, AB..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....imately, the petitioner terminated the services of these four workers involved in trade union activities on 13.7.2000. Each of the respondents sent a petition narrating grievance to the petitioner by registered post with A/D, but those petition were rejected by the petitioner. The Sramik Union of BR......e petitioner terminated the services of these four workers involved in trade union activities on 13.7.2000. Each of the respondents sent a petition narrating grievance to the petitioner by registered post with A/D, but those petition were rejected by the petitioner. The Sramik Union of BRAC Printers...... August 28, 2007. Result: The Rules are discharged. Cases Referred to- Managing Director, Bangladesh Machine Tools Factory Ltd. Vs. Chairman, 2nd Labour Court and another, (1992) 44 DLR (AD) 272; Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 28 DLR (AD) 190; Am..Category: Labour and Industrial Law | Date: | Hits: 138
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