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Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....l share; Ka schedule suit land was recorded in the name of Jibonnessa and others in SA Khatian No.1090 but Kha schedule land measuring 26 decimals instead of being recorded in the name of Jogesh, was wrongly recorded in the name of the Government in SA Khas Khatian No.1; as per mutual partition betw...... Badrunnessa owned 04 decimals of viti land in Khatian No.1593, Shorforaj Uddin Kazi owned 05 decimal land in Khatian No.1594 and in the said CS Dag No.3123, out of 53 decimals land, 27 decimals were recorded in the names of the above persons and the remaining 26 decimals were recorded in the names ......sed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......, out of 53 decimals land, 27 decimals were recorded in the names of the above persons and the remaining 26 decimals were recorded in the names of Shatish Chandra and Roshik Chandra, two brothers, in khatian No.1588 who possessed their lands in ejmali; Lektonnessa was survived with husÂband Shakhaw..Category: Property Law | Date: | Hits: 76
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......use such question does crop up very freqÂuently in the criminal jurisdiction. Section 288 of the Code of Criminal ProceÂdure is in the following terms.— “288. The evidence of witness duly recorded in the presence of the accused under Chapter-XVIII may in the discreÂtion of the presiding......on in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....s she gifted it to her daughter, Rabi Dasi, by a deed of gift dated 6-9-62. The lease of Biman Dasi, it was alleged by defendant No. 1, was for 10 decimals of land, but in the lease-deed the area was wrongly stated to be 'one’ decimal instead of 10 decimals; nevertheless, the lease was acted upon ......owed. The judgment and decree of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ...... This Case is also Reported in: 35 DLR (AD) (1983) 174. ......owed. The judgment and decree of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ..Category: Property Law | Date: | Hits: 58
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....d sub-section 2(A) of secÂtion 34 of the Income Tax Act. 7. Mr. Habibul Islam Bhuiyan, the learned Counsel appearing for the appellant in the said appeal, contended that the High Court DiviÂsion wrongly interpreted sub-section 2(A) which clearly empowered the Income Tax Officer to issue a notic......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ...... This case is also reported in: 35 DLR (AD) (1983) 165. ......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....d not file any petition before the police complaining apprehension of breach of the peace, which ultimately led to drawing up proceeding under section 145. They alleged that the proÂceeding had been wrongly drawn up although there was no apprehension of breach of the peace as might have been report......nal Court situate within the local limits of its or his jurisdiction for the purpose of satisfying itself or himself as to the correctÂness or legality or propriety of any finding, sentence or order recorded or passed and as to the enquiry of any proceeding of such inferior Court and may, when call......lso Reported in: 35 DLR (AD) (1983) 127. ......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
.... of Khulna, who accepted the same, that the area of the land under settlement measured 18.34 acres, which subsequently increased to 27.63 acres by accretion, that this entire 27.63 acres of land were wrongly recorded in the Khas Khatian of Respondents No. 2 to 4, that after the acquisition of the re......na, who accepted the same, that the area of the land under settlement measured 18.34 acres, which subsequently increased to 27.63 acres by accretion, that this entire 27.63 acres of land were wrongly recorded in the Khas Khatian of Respondents No. 2 to 4, that after the acquisition of the rent recei...... There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......manded to the trial Court for disposal in the light of the observaÂtion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....t, 1950 the Government has stepped into the shoes of the previous landlords and the plaintiffs have become tenÂants directly under the Government in respect of the said lands, some of which had been wrongly recorded in the name of the GovernÂment. The Government, however, have had no right, title ......the Government has stepped into the shoes of the previous landlords and the plaintiffs have become tenÂants directly under the Government in respect of the said lands, some of which had been wrongly recorded in the name of the GovernÂment. The Government, however, have had no right, title and inte...... date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....belonged to one Jogodeshwari and others. In the remark’s column of the said Khatian that pond had been shown as being used ‘by the public’ but in the D.P. Khatian No.1362 the said pond had been wrongly recorded in the name of respondent No.2 having no right, title, interest and possession ther...... 2000 in the Court of Senior Assistant Judge, First Court, Bogra for declaration of their easement right to the suit ponds. Their case, in short, is that during the C.S. operation the suit ponds were recorded in the name of Bharat Samrat and the names of Gyanoda Prashad Sukul, Chundra Prashad Sukul ......peditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......0 of the Code of Criminal Procedure sent the petition of complaint to the Officer-in-Charge of Tejgaon Police Station to treat the same as first information report. On receipt of the complaint it was recorded as Tejgaon Police Station Case No.48 dated 21-7-2007 under sections 406/408/409/420/34 of t......ate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355...Category: Criminal Law | Date: | Hits: 86
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......abun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rules are made absolute. Cases Referred to- Mohsena Khatun Vs. Habib Knitting Mills, 1997 BLD (AD) 47; Hussain Ahmed Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Habibullah...... peacefully and harmoniously living there. Meanwhile after the lapse of about two years while settlement operation was going and the name of Dr. Md. Jahangir Alam Chowdhury was published in the draft khatian or Mat-parcha then a dispute case was lodged before the attestation officer by the defendant..Category: Family Law | Date: | Hits: 167
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......lodged the FIR. 4. SI Saidur Rahrnan, took up the investigation, visited the place of occurrence, prepared the sketch map with separate index of the place of occurrence, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and collected alamats.......benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ...... case, Police took up investigation, visited the place of occurrence, seized alamat as per seizure list, prepared sketch map with separate index of the place of occurrence, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and thereafter submitt......nd Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..Category: Criminal Law | Date: | Hits: 66
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....he defendants and thereafter, dismissed the suit. 8. Mr. Jamiruddin Sirker, learned Advocate appearing for the plaintiff-appellants, submits that, learned Judge misread the evidence and thereafter wrongly held that plaintiffs is to prove that Kazi Golam Hussain, the predecessor of the defendant N......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......nt down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...Category: Property Law | Date: | Hits: 78
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ...... 7. And the relevant part of section 35 of the Waqf Ordinance runs as follows: "(2) The District Judge may pass such order as he thinks fit after hearing the parties, or he may, for reasons to be recorded in writing, refuse to issue any process for compelling the attendance of any witness or the......ion. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ..Category: Trust/Waqf Law | Date: | Hits: 153
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......e investigation in the case was completed he left for training on 8‑2Â-2003, Subsequently, Mr. Salim, Officer-in-Charge of Muladi PS held the investigation and examined as many as 14 witnesses and recorded their statements under section 161 CrPC and on completion of the investigation a prima faci......sain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...Category: Criminal Law | Date: | Hits: 64
....excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
......and also section 18 of the said Act has contended that the charge was brought against the respondent No. 2 for misconduct committed in the factory and that allegation was brought against him that was recorded in writing and communicated to him and also he was given 3 days' time to explain and that h......t in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
......excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
..
Category: Labour and Industrial Law | Date: | Hits: 188
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....acquit the accused, but exceptionally, the Court may adjourn the hearing to some other date. If the Magistrate in the exercise of his discretion has adjourned the case it cannot be said that he acted wrongly or illegally. It is a question for magistrate's discretion. This decision shows that trial C...... to the effect that it was once tried and disposed vide order of conviction and sentence of accused and on appeal the matter was sent back for retrial by the appellate Court, the trial Court abruptly recorded the impugned order dated 21‑1‑1995 which, according to him, cannot be sustainable. He r......ated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...Category: Procedural Law | Date: | Hits: 73
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......h were marked as material exhibits I, II and III. He then proceeded towards the police station and lodged the ejahar in writing on the following day at about l-30 PM. The first information report was recorded by the OC Shahid Shokrana, which was registered as Kotwali PS 23/447 from which arose the G......th any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..Category: Criminal Law | Date: | Hits: 65
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ing into the Contract. They rendered their invoices in accordance with Contract. Thereafter the petitioners received the impugned letters (Annexure A series) and came to know that the respondents had wrongly treated the petitioners as 'Surveyors' and deducted VAT at the rate of 13.04% (on the gross ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ...... given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....10 as his heirs and successors. The plaintiff got the suit land in his share by an amicable settlement between the said heirs of late Taiyb Laskar. During S. A. and R. S. operation, the suit land was wrongly recorded as a khash land in the name of Government. The Government-officials took initiative......s heirs and successors. The plaintiff got the suit land in his share by an amicable settlement between the said heirs of late Taiyb Laskar. During S. A. and R. S. operation, the suit land was wrongly recorded as a khash land in the name of Government. The Government-officials took initiative to leas......¦â€¦â€¦...Petitioner Vs. Bangladesh and others ………………….....Opposite Parties Judgment March 6, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Tamizuddin, Advocate -For the petitioner. Mrs. Syeda Rabia Begum, Assistant Attorney General-For opposite...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 78
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