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Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......r under P.S. Keraniganj, District-Dhaka belonged to Abdul Hamid, being the predecessor of the plaintiffs. About 70 years before the filing of the suit the said Abdul Hamid allowed a poor and helpless person named Keramat Ali, the maternal grandfather of the defendants, to raise a "dochala tinshed" r..Category: Civil Law | Date: | Hits: 123
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......thority in its own way, not being put into a straitjacket of repeating the facts put forth by the investigating agency. Sanction to prosecute must have sanctity attached to it, for the liberty of the person prosecuted is involved. 25. The act of according sanction, in our considered view, is not ..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......Counsel appearing for thepre‑emptee‑opposite party No.1, on the other hand, submits that since the statutory requirement of law under section 90 of the State Acquisition and Tenancy Act is that a person seeking pre‑emption must be a person to whom pre‑emption may be allowed under the law, it..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ...... Nos.1 and 2 were merely his Benamders. Section 41 of the Transfer of Property Act provides as under: "Section 41. Transfer by Ostensible Owner.- Where, with the consent express or implied, of the persons interested in immovable property, a person is the ostensible owner of such property and tran..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
.... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ......ned order for avoiding multiplicity of cases. The Order 21 rule 29 CPC reads as under‑ “where a suit is pending in any Court against the holder of a decree of such Court, on the part of the person against whom the decree was passed, the Court may on such terms as to security or otherwise, ..Category: Procedural Law | Date: | Hits: 69
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
.... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ......e two fold arguments. Firstly he has submitted that the charge of the instant case is highly defective. Elaborating his argument the learned counsel pointed out that in this case it is clear that two persons died because of two distinct offences, though committed in the same transaction and for the ..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ...... * (d) If he, by corrupt or illegal means or by otherwise abusing his position as public servant, obtains or any other person any valuable thing or pecuniary advantage." 9. Having due regard to the above decisions an..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......On the other hand the offence of "cheating" is committed at the initial stage, because of operation of the deception factor in the form of inducement and it results in the delivery of property by the person deceived. However the initial deception is generally detected at a later stage. 16. It may..Category: Criminal Law | Date: | Hits: 66
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ...... who pleaded not guilty of the charge levelled against him and claimed for trial. 6. The prosecution examined 6 P.Ws. out of 10 charge sheeted witnesses to establish the charge against the accused person and the defence examined none. 7. After examination of the P.Ws., the accused Nur Hossen w..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
.... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......icer conducting the investigation. (2) If a report is made by the investigating police officer under section 173 and on such report cognisance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together th..Category: Criminal Law | Date: | Hits: 39
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......004-2005 without showing Bank loan in its Balance sheet and filed written explanation that the loan was taken in the name of Shafiqul Islam Khan, proprietor of M/s. Shafique & Sons mortgaging his personal property and which explanation was accepted by the authority. (3) Whether on the facts a..Category: Fiscal/Taxation Law | Date: | Hits: 83
....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
......of the Act, i.e. the rent-receiving interest of (i) proprietor, (ii) tenure-holder,(iii) raiyats,(iv) anunder-raiyat, (v) a non-agricultural tenant, whose land has been let out but does not include a person in respect of such of his lands, as has been let out together with any building standing ther..
Category: Environmental Law | Date: | Hits: 434
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......ef paid the money on condition that it will be returned within three months along with some extra amount. It was further stipulated that within 15th day from the receipt of the loan, the said accused person would pay back Tk. 50,000/-. But he did not pay any amount of money within the stipulated per..Category: Criminal Law | Date: | Hits: 62
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ...... intrinsic episode forming backdrop of Civil Revision Case is succinctly stated which is as hereunder: Plaintiff-opposite party impleading petitioners and Second-Fourth: opposite parties and other persons as defendants instituted a suit being Title Suit No.10 of 1996 in the Court of Assistant Jud..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......ition of central importance in relation to concept of Rule of Law. They are expected to deliver Judgment in completely impartial manner through a strict application of the law without following their personal preference or fear or favour ............. This desire for impartiality is reflected in the..Category: Constitutional Law | Date: | Hits: 413
..... Ultimately the Zonal Settlement Officer allowed the miscellaneous cases by the impugned order dated 17. 8.2011 mainly on the basis of the inquiry report dated 29.6.2011 furnished by the Five Member Inquiry Committee. The impugned order or the inquiry report dated29.6.2011, basing which the impugne......a Saha, Balaram Saha and Khetra Mohan Saha in four equal shares. The petitioners are their descendants and successors-in-interest. Their predecessors or any of them did not sell any land to any other person. As the D. P. khatians were wrongly prepared including their land in the names of respondents..
Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......t Judgment of the learned Assistant Judge by the impugned Judgment. "Worker" has been defined in section 2(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 as under: "Worker means any person including an apprentice employee in any shop, commercial establishment or industrial establis..Category: Labour and Industrial Law | Date: | Hits: 137
....econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 574.
......‘84 (Annexure‑'O') dismissing the petitioner from service is under challenge.
2. After placing materials on record learned Advocate for the petitioner submitted that Enquiry Officer was a biased person and as such, report submitted by him was biased and order of dismissal of the petitioner rely..
Category: Labour and Industrial Law | Date: | Hits: 228
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......nduct constitutes offences under two or more enactments, but it will not bar trial in respect of two offences. On the other hand, section 403 (1) of the Code bars more than one trial against the same person on the same facts, once it is proved that such person has already been tried on the same fact..Category: Criminal Law | Date: | Hits: 97
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......of elucidating any matter in dispute or of ascertaining the market value of any property, or the amount or any mesne profits or damages or annual net profits, the court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the court ..Category: Property Law | Date: | Hits: 84
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