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State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......at Rustom Ali (P.W.4) and Badsha (P.W.2) told the informant that out of enmity accused Tutul and Golzar along with 3/4 other persons killed Rony in the alleged manner and hence the case. 3. After holding investigation Police submitted charge sheet against 7 accused persons including the appellan..Category: Criminal Law | Date: | Hits: 98
Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)
....mant party in R.S. Plot Nos.86 and 136 of Mouza Pairong and R.S. Plot No.3875 of Mouza Chechuria, P.S. Banskhali causing a loss of about Taka 9000/- to the complainant. Informant's wife inherited the disputed land measurirg 1.48 acre. SubseÂquently 19 bundles of paddy were recovered from the posses......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ..Category: Procedural Law | Date: | Hits: 130
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......, Gazipur against the said charge sheet to the effect that one of the accused was not included in the charge sheet when the case was transferred to the D.B. Police for further investigation who after holding further investigation into the matter submitted charge sheet to the same effect as was done ..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
.... ascertain the truth as to the cause of death of the victim, and if any of the accused is guilty or not in view of the defence admission of an occurrence on the date of occurrence. Though the defence disputed the place of occurrence it did not dispute the occurrence itself. Rather, from the suggesti......ge acquitted the accused persons opposite parties from the charge under sections 302/34. 7. Following grounds have been assigned by the learned Additional Sessions Judge for acquitting the accused holding that the prosecution failed to prove the charge brought against the accused: "1. That acc..Category: Criminal Law | Date: | Hits: 76
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
.... by filing written objections denying the material allegations of the pre‑emption petition and contended, inter alia, that the case is barred by limitation. It was further contended that before the disputed sale took place the case land was offered for sale to the pre‑emptor but he refused to pu......r section 60 of the Registration Act. Under such circumstances, the learned Court of Appeal below was perfectly right in setting aside the finding of the trial Court on the point of limitation and in holding that the case is not barred by limitation. 10. It appears that no issue was framed on the..Category: Property Law | Date: | Hits: 91
.... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
...... authority. The Judgment and order of the Court having suffered from this initial error of jurisdiction it cannot be said that the Judgment and order by illegally assuming jurisdiction and consequent holding of the trail, by passing the law, is a Judgment and order of Martial Law Court for it to be ..
Category: Criminal Law | Date: | Hits: 84
Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)
....87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......ted the jurisdiction of the Magistrates to entertain application for maintenance which is a family Court matter. 4. Learned Advocate then placing a decision of Division Bench reported in 47 DLR 18 holding the opposite view submits that the decision by the Division Bench was passed ex parte agains..Category: Family Law | Date: | Hits: 133
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
.... file and number on 30‑11‑89 in the absence of the defendants, on the application filed by the plaintiffs under Order 9 rule 4 read with section 151 of the Code of CivilProcedure. It is also an undisputed fact that after the restoration of the suit to its original file and number on 30‑11‑19...... 1.3 C.P.C. when the suit was called on for hearing on 7‑6‑1990 and ex parte decree passed. 11. For the reasons stated above, we hold that the learned Subordinate Judge was manifestly wrong in holding that after the restoration of the suit dismissed by default, the defendants were not entitle..Category: Procedural Law | Date: | Hits: 88
Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......aternal grand‑father. 3. Mr. Menhazuddin Ahmed Khan, learned Advocate appearing for the petitioner, submits that the learned Subordinate Judge hearing the appeal fell into an error of law by not holding that the father is the natural guardian for a minor male child above the age of seven years ..Category: Family Law | Date: | Hits: 136
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....a clear statutory provision of appeal under section 42of the VAT Act, 1997. As such, he referred a deciÂsion of our apex Court as reported in 11 MLR (AD) 192 which reads as follows: "4. It is not disputed that the order of the adjudicating officer, that is, commissioner of excise, customs and VA...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby disÂcharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....ce Accord of 1997 served to preserve this country's territorial integrity and soverÂeignty. It is, however, the longer term objective of the Peace Accord to secure autonomy in the CHT that is a more disputed matter. It is here that an assertion has been made on behalf of the Respondents to justify ......rovisions of a genre different from those otherwise found preceding it in Section 41(1). Mr. Razzaq has submitted that Section 41(1) (Gha) in particular and Section 41 in general, and the cause for upholding the supremacy of the Constitution under Act No.12 of 1998, would have been better served sho..Category: Constitutional Law | Date: | Hits: 314
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....ellate Court. In this backdrop, the observations of the learned Single Judge of the High Court Division in the Civil revisional case that "the sale deeds of the two rival claimants were not seriously disputed at the time of trial by the other claimants. The plaintiff's title to the suit land stands ......name of his three minor sons finalÂizing the purchase and while he was preparing to construct a two storied building in the suit land by obtaining approved plan from the Municipality upon paying the holding tax and mutatÂing the name of his sons, the father-in-law of the defendant No.3 Habibur Rah..Category: Property Law | Date: | Hits: 119
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....rder passed in this case stands vacated. Let a copy of this Judgment and Order be transÂmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......evoid of substance" Thereafter, a Civil petition being Civil Petition for Leave to Appeal No.1634 of 2009, has been preÂferred before the Appellate Division praying for an injunction restraining the holding of election of the Directors in the 10th AGM, however, the Appellate Division was not please..Category: Criminal Law | Date: | Hits: 100
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......ty. Learned Joint District judge in respect of 'Gha' schedule land held that in this money also Muslim law of inheritance will apply. It is our considered view that the learned Judge was not legal in holding so. When any body get any job his/ her life is regulated by service rules of that employÂer..Category: Civil Law | Date: | Hits: 136
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
.... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ...... Have the plaintiffs their alleged right, title and interest in the land and, if so, to what extent? 4. On consideration of the materials on record trial Court decreed the suit in preliminary form holding that plaintiffs have their title in the suit jote and entitled to get saham of 11 kanis and ..Category: Property Law | Date: | Hits: 97
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ......nder section 302/34 of the Penal Code. Consequently the case record was transmitted to the Court of the Sessions Judge who transferred the same to the Court of the Additional Sessions judge who after holding trial convicted and sentenced the condemned prisoner and the convict appellants as aforesaid..Category: Criminal Law | Date: | Hits: 94
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......thers, the amount of loan shown to be advanced by the Respondents to the Company having doubled in the revised versions and the Petitioners having been shown not to have made payÂments on their shareholdings whereas in the Audit Reports the Company has been shown to have a fully paid-up share capit..Category: Company Law | Date: | Hits: 177
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....e and the applicant is not entitled to the relief prayed for. The principles enunciated in the cases reported in 9 DLR and 30 DLR cited by Mr. Saha the learned Advocate for the opposite party are not disputed but the same are not applicable in the facts and circumstances of the present case. As to t......° যোগ করিতে হইবে। "also for declaration." The learned Munsif after hearing e matter was pleased to reject the application for amendment by his order dated 24‑12‑85 holding, inter alia, that in the proposed amendment there is prayer for 2 declarations but, in fact,..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....tent and not maintainable as on the self‑same matter some departmental proceedings were still pending and further the defendants after their auction purchase had already gone into possession of the disputed land, and the suit only with a prayer for confirmation of plaintiff's possession and for pe......in the relevant certificate proceeding to be a nullity on the ground of certificate proceedings having been started fraudulently against a dead person. So, I hold that the learned Munsif was wrong in holding that the plaintiff could not file the suit under the general law, because the plaintiff file..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......the bank a relationship of creditor and debtor is created within the meaning of section 2(Kha) of the said Ain. 5. By the impugned order dated 18‑7‑96 Artha Rin Adalat rejected the application holding that plaintiff‑respondent No.2 is a financial institution on the basis of certificate date..Category: Civil Law | Date: | Hits: 119
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