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Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)

....e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......a police station against the appellants on 14.11.2007 bringing allegations of keeping expired medicines of different brand and items in their respective pharmacies for the purpose of sale. The police recorded the case and after investigation submitted charge sheet on 15.2.2008 against the appellants......to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 99

Shamsu Miah Vs. State, 2011, 40 CLC (HCD)

....ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......he baby by throttling and concealed the dead body. 3. On receipt of the said complaint, the Magistrate sent it to Ashuganj police station with a direction to do the needful. Accordingly the police recorded Ashuganj Police Station Case No.2 dated 6.4.1994 and after investigation submitted charge s......him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 87

Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)

....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......lt both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......ior Assistant Judge, Gazipur for partition. The plaintiffs' case, in short, was that Vagaban Chandra Gope, Debendra Chandra Gope and Rajendra Chandra Gope were the owners of 20.62 acres of land of CS khatian No.86 as described in the schedule to the plaint in equal share. Debendra Chandra Gope died ..

Category: Property Law | Date: | Hits: 72

Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

....ing, both sides, delivered two separate Judgments on 08-07-2010 of which the one given by Mr. Justice Sheikh Abdul Awal, the Rule was made absolute setting aside the impugned order dated 28.0.9.2003 (wrongly typed as 2004) while the other Judgment delivered, by Mr. Justice M. Moazzam Husain the Rule...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ...... Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..

Category: Civil Law | Date: | Hits: 141

Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)

....judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......on. Abdul Kader Sarder got 1.88 acres of land in his eight annas share. After that, he died leaving behind a son, Alef Sarder and a daughter Saju Bibi. Alef Sarder surreptitiously got the entire land recorded in his name in the R.S. khatian excluding the name of his sister Saju Bibi. Kasiriuddin Sar......vision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......cres of land in his eight annas share. After that, he died leaving behind a son, Alef Sarder and a daughter Saju Bibi. Alef Sarder surreptitiously got the entire land recorded in his name in the R.S. khatian excluding the name of his sister Saju Bibi. Kasiriuddin Sarder alias Basiruddin Sarder died ..

Category: Property Law | Date: | Hits: 80

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

....rbagh P.S. Tejgaon, under the Jote of one Mani Mohan Dutta, which was recorded in Khatian No.82 of the mouza under the superior interest of one Haladhar Dey Sarkar. The father's name of Mainuddin was wrongly mentioned to be Ainuddin in Khatian No.83 in place of his correct name of Amir. The jote of ......n of the land in suit on declaration of their title thereto. 2. The plaintiff's case in brief is that the land in suit comprises a plot of land being C. S Plot No.310 measuring '80 acre, which was recorded, along with CS. Plot No.311 measuring .08 acre, as Koljote of one Mainuddin, the predecesso......ellants Vs. Safar Miah and others..........................................Respondents Judgment April 5, 1977. Result: The appeal is allowed. Cases Referred to- Midnapore Zamindaay Co. Vs. Naresh Narayan Singh LR 48; IA 49; ILR 48 Cal. 640; AIR 1922 PC 241; Krishna Nath Sar......e that Mainuddin was an under raiyat. 21. The learned Judges of the High Court seem to have been carried away by the term 'Kole jote’ which was stated to be the interest of Mainuddin in the said khatians, presumably on the assumption that the term 'Jote' invari­ably indicated the interest of a..

Category: Property Law | Date: | Hits: 97

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......ing the plaintiff's prayer for temporary injunction, that the Court was addressed on the question of the maintainability of the suit as well, but no specific order on the issue of maintainability was recorded by the learned Subordinate Judge, although in dis­cussing the question of the plaintiffs p......ngly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..

Category: Civil Law | Date: | Hits: 111

Musammat Khale­da Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)

....d that his repre­sentation at the time of sale of the said land to Kushor Pashi was in respect of only half of the said interest. It has been found in this case that Abdur Rashid and his two sisters wrongly represented in their Kabala to Kushor Pashi that they were competent to transfer the entire ......­chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......ions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......­chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ..

Category: Property Law | Date: | Hits: 102

Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)

.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ...... the previous election, he took position against them. 12. P.W.10 Md. Ferdous Ali, the then Officer-in-charge of Naogaon Police Station and one of the Investigating Officers stated that he himself recorded the first information report and took up the case for investigation. He had visited the pla...... their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..

Category: Criminal Law | Date: | Hits: 103

Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)

....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ...... tortured him in custody and compelled him to make the statement before the Magistrate under threat of life. 5. Thus the defense case is that the appellants were innocent and their statements were recorded under inhuman physical torture and threat of life. The further defense case as it transpire......hey are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 105

State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)

....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......g night. 4. Investigation of the case was firstly entrusted on SI SM Abdul Gani who visited the place of occurrence, prepared the sketch map with separate index thereof, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and seized alamats. Af...... default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..

Category: Criminal Law | Date: | Hits: 87

Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)

....DWs that they referred to Deed No. 4577 dated 28-5-1928 and by these deeds CS plot No. 1356 was not at all transferred. 15. The defendants themselves admitted that the plot number of the plots was wrongly written in their deed but they did not take any steps for correction of the same. Admittedly......and defendant No. 10 Abdur Rahman. Since Abdur Rahman, defendant No. 10 sold 1.05 acre of land to the plaintiffs, the plaintiffs are entitled to 1.111/2 acre of land as the heirs of Joberar Nessa, CS recorded tenant. 24. In the fact and circumstances of the case and the material evidence on recor...... This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......the suit was dismissed. The plaintiff-appellants filed the concerned suit for partition of the scheduled property. 2. The plaint case is, that the original owners of the land appertaining to CS khatian No. 62 were Safarunessa, Ayeb Ali, Amsory Bibi and Jobirar Nessa and the CS record was corre..

Category: Property Law | Date: | Hits: 71

Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)

....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......obtaining loan. Actually they were not aware of such mortgage. However, they ultimately did not come to contest. 5. The learned Judge of the trial Court framed five issues and during the trial she recorded evidence of only one PW. The defendant No. 1 was, however, examined on commission as DW 1. ......i Bank Ltd...........Appellant Vs. Farzana Begum and another...........Opposite Parties Judgment December 13, 2009. Result: The appeal is allowed. Lawyers Involved: Zakir Hussain Mazumder, Advocate - For the Plaintiff-Appellant. No one appears - For the Defendant-Responden......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49...

Category: Civil Law | Date: | Hits: 116

State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)

.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......hyampur Police Station naming sixteen accused persons including the convicts. 5. That accordingly, Shyampur Police Station Case No. 22 dated 9-11-1999 under sections 302/34 of the Penal Code was recorded. SI Moksedul Momen took up investigation of the case and recorded the statements of three ......ail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..

Category: Criminal Law | Date: | Hits: 67

Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)

.... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......the law, 7. The prosecution case as revealed from the Kalkini P.S. G.D. entry No.602 dated 2.7.85 is that the accused petitioners were brought to the Thana by local people while the Police Officer recorded the G.D. Entry, where it is recorded that at 19 hours on 22.7.85 Aroj Ali Sarder and Hazera......ners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306....... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...

Category: Criminal Law | Date: | Hits: 76

Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

....y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......idence and as such, the Writ Petition filed by the writ petitioner was misconceived. He further submits that the High Court Division failed to take into consideration that the writ petitioner himself recorded his name as Hatem Ali and his date of birth as 31.10.1947 in the service book and that the ......ngly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ..

Category: Employment/Service Law | Date: | Hits: 739

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......uo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...

Category: Property Law | Date: | Hits: 79

Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....been taken cognizance of by the Special Tribunal. As such, the whole trial and order of conviction and sentence passed by the Special Tribunal were without jurisdiction. The High Court Division acted wrongly in dismissing the writ petition in limine.” 10. He lastly contends that section 3 of th......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......oner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220...

Category: Criminal Law | Date: | Hits: 63

Chairman, Chittagong Port Authority Bandar Bhaban, Chittagong Vs. Khadiza Khatun and others, 1998, 27 CLC (HCD)

....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 195. ......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 195. ...... declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 195. ......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 195. ..

Category: Property Law | Date: | Hits: 103

Dayal Chandra Mondal and others Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others, 1997, 26 CLC (HCD)

....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 186.......unsif Dhaka being Title Suit No.732 of 1981 subsequently re-numbered as Title Suit No.153 of 1984 before Munsif, Savar for declaration of his title in the suit land measuring 0.82 acre of nal land as recorded in CS Plot No.787 under CS Khatian No.137/24 corresponding to SA Plot No.198 under SA Khati......hair Vs. Bangladesh and others, 32 DLR (AD) 29; Nitya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DLR 11; Arun Kumar Lal and others Vs. Assistant Custodian of Enemy Property (Land & Buildings) and ADC (Rev) Dhaka, 1983 BCR 225; Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 46...... the learned Munsif appears to have discovered a Khatian number in the said exhibits, the basis of which is not available on record and discarded the plaintiff’s case with reference to the baseless khatian purported to have been mentioned therein. 5. Mr. SR Karmaker the learned Advocate appeari..

Category: Property Law | Date: | Hits: 111