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Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....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. ......the prosecution case which could have been supplied or provided by examining a witness who is not examined, prosecution case can be termed as suffering from a serious deficiency and infirmity and withholding of such a material and vital witness would oblige the Court to draw an adverse inference aga..Category: Criminal Law | Date: | Hits: 85
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....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. ......such circumstances the learned Magistrate was not convinced with the contention of the complainant opposite party No.2 and acquitted the petitioner under section 247 of the Code of Criminal Procedure holding that the complainant had lost his interest in the case and was not willing to continue the s..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... a total consideration of Tk. 6000/-. It is further stated that the petitioner No.1 disclosed on 27.5.79 that they namely, the petitioner Nos.1-4 of Criminal Revision No.256 of 1987 purchased the disputed land on 3.5.79 and threatened others stating that if anybody tried to possess the above lan......gistered before the Magistrate as T.R. Case No.61 of 1979 and the learned Magistrate after hearing the parties and perusing the materials on record passed an order on 18.9.79 and dismissed the case holding that the prosecution has not been able to prove the case and the case was of civil nature ..Category: Procedural Law | Date: | Hits: 111
....ing them in part is valid in law and directing to record the name of respondent No. 2 in the record-of-rights and treating the possession of the petitioners as 'Possession by force'.
30. It is not disputed that the record-of-rights prepared under section 143 and revised under section 144 of the S......nd/or act as an appellate authority over an appellate order passed under Rule 31 and set aside such appellate order or direct the Appellate Officer to hear an appeal afresh in respect of a particular holding. Nor the Appellate Officer is empowered to rehear an appeal which was finally disposed by hi..
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. ...... Rail line No.2 and he woke up at the noise of the people who were speaking loudly. He then came out of his hut and walked up to the Rail line. He then found 20/25 persons there. He recognised Ershad holding a gun in his hand and that condemned prisoner Ershad pressed his gun at the right hand side ..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... 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. ......ared by respondent No.1 fixing the date of filing nominations on 29‑8-2001; date of scrutiny of nominations on 31‑08-2001; date of withdrawal of candidature on 6‑09-2001; and the date for holding polls on 1‑10‑2001. For the electoral Constituency No.129 Pirojpur‑1, there were 7 can..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....্থাপনা সংক্রান্ত কমিটি took decision on the basis of such unlawful application in their meeting dated 10.04.2006 as evidenced by Annexure-'N' declaring the disputed land as লবন মহাল and that the respondent No.4 Deputy Commissioner by the im....... He submits that the High Court Division wrongly interpreted the provisions of the লবন মহাল ব্যবস্থাপনা নীতিমালা thereby misdirected itself in holding that the petitioner is not an aggrieved person and has no locus standi to claim lease for 60..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....the learned Advocate for the plaintiff respondent refers to us paragraph 10 of the plaint and submits that it has been clearly and specifically stated therein that the suit plots are contained in the disputed dwelling house and the plaintiff has his residence in it. The learned Advocate submits that......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
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....ence and accordingly urged that the sentence of two years should be enhanced to four years which is appropriate. 8. The fact that informant's mother Kushala Maya Rani met an unnatural death is not disputed by the defence. All the P.Ws. have testified to this fact. Apart from this Dr. Kazi Syed Ah......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
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
....1 and members of his family none else ever used it as a pathway. The plaintiff also never used it so. The defendant No.1 no longer requires the suit pathway for his passage and, therefore he sold the disputed land to defendant Nos.2 and 4. The suit land has ceased to be a pathway from before the s...... the defendants 2 and 4 have no right to make construction upon the suit land to which they have no title. The learned trial Court ultimately decreed the suit on the ground of easement of necessity holding that the plaintiff or his vendors could not have any right of easement by user or prescrip..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....ition to show any averment about the earlier complaint petition containing same allegation, and it does not disclose any reason or fresh cause of action for initiation of the 2nd proceeding. When the disputed matter once ended in compromise between the parties and the Court was pleased to make dispo......mplainant. Therefore, 2nd petition of complaint has become necessary to be filed though on the self same allegation another complaint was withdrawn. It is contended that the learned Magistrate, after holding inquiry into the matter had lawfully taken cognizance and framed charge against the persons ..Category: Procedural Law | Date: | Hits: 108
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....VIII of 1961), section 7 Talaq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of record of disputed amount of dower, the plaintiff site should produce more credible evidence e.g. the dower fi......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)
....ismiss an employee of the said body is required to act judicially and to observe the rule of natural justice in the exercise of the said authority." DC Bhattacharya J observed: “It can hardly be disputed that there is nothing in this principle as laid down in those decisions which keeps such an......any, to be adopted, the effect of the decision on the person affected and other indicia afforded by the statute. 33. It has case of Abdul Latif Mirza, Bhattacharya J set the controversy at rest by holding that whenever any authority is invested with a legal authority to make an order of detention..Category: Criminal Law | Date: | Hits: 114
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....the suit on remand to the Trial Court for proper decision according to law. Learned Appellate Court rightly observed that Trial Court would be the competent forum for further evidence as above on the disputed points for appropriate legal and correct decision. 15. On above point when learned Advoc......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
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....as such, the Rule should be discharged. 5. We have heard the learned Advocates for the accused petitioners and for OP No.1 including the learned Assistant Attorney-General for the State. It is not disputed that the right to present the cheque continues for as many occasions as the same was bounce...... 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
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......l." It was further observed: "Thus not only the provision of section 27 (6) of the Special Powers Act has been violated but also the fundamental principles of natural justice has been ignored in holding the trial and in passing the order of conviction and sentence." Relying upon this observa..Category: Criminal Law | Date: | Hits: 110
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....mptee‑petitioners Nos.1 and 2 in their written statement that the preemption case was bad for defect of parties as the preemptor opposite parties omitted to implead other co‑sharer tenants of the disputed holding, namely, Khatian No.339. 3. Preemptor‑opposite parties examined only preemptor......in the Court of the Munsif, Sadar, Sylhet seeking pre‑emption of the suit land measuring 0.05 decimal against the pre‑emptee opposite parties claiming themselves 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..Category: Property Law | Date: | Hits: 155
.... rejected by implication. The learned Subordinate Judge rejected the petitioner's application under Order 7 rule 11 of the Code of Civil Procedure on assigning good reasons, which are not seriously disputed by the petitioner.
6. Where issues of law arise which go to the root of the case and are......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
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Category: Procedural Law | Date: | Hits: 152
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....r the allegation as brought against the petitioners is under Money Laundering Prevention Act or not, which is not the function of this Court under section 561 A of the Code of Criminal Procedure. The disputed matters as presented before us is to be resolved by the trial Court, on hearing the parti......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ..Category: Criminal Law | Date: | Hits: 123
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