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Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......This case is also Reported in: ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......d an Assistant Inspector of the then Bureau of Anti-Corruption stated that after he was assigned for investigation of the case, he just examined the records and statements of the witnesses those were recorded by his previous Investigating Officer, and submitted the charge sheet. In cross examination...... bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......3.1.1984, stated that he also saw his uncle Budhai along with the appellant to go towards Chuadanga by a baby-taxi. 9. P.W.4 K. R. Bagchi, Magistrate of first class stated that on 11.1.1984 he had recorded statement of the appellant under section 164 of the Code of Criminal Procedure and that he ......n and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 74
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......ন ক্রমে চিরকাল ভোগ দখল ও তছরুপ করিতে থাকহ। ....... তাং- ৩.১২.২৭” 4. It appears that land measuring 1.90 acres recorded In C.S. Khatian No. 528 appertaining to Touzi No. 314 is the subject matter of the suit for......also reported in: 35 DLR (AD) (1983) 116.......uzi were annulled in a regular proceeding; and the plaintiff got possession of all lands excepting the suit land. According to the plaintiff he has already possession of .43 acres of land of the said khatian which has been described in schedule ‘Ka’. The suit land has been described in schedule ..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......himself to the appeal of co-accused Mosharraf Hossain and Mainuddin, who had been convicted by the trial Court under sections 302/34 of the Penal Code. 37. The facts of the instant case are fully recorded in the judgment of the trial Court and by my learned brother Khondker Musa Khaled, J. and I......ingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......ng the conviction relying upon the retracted confession of the appellant. 5. The learned Assistant Sessions Judge while convicting the appellant observed that Mohammad Altaf Hossain Mollah (P.W.8) recorded the confessional statement of the appellant in accordance with law, that he did not find an......e appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 100
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
.... died after independence, D.W.4 stated that ‘’ D.W.6 stated that ‘’ If so the year of his death would not be in 1384 B.S., the High Court Division upon non-consideration of the oral evidences wrongly held that Brindaban Goswami died on 03.04.1384 B.S. and thus the dismissal of suit treating ......ntiff. The case of the plaintiff, inter alia, was that 3.06 acres land of C.S. Plot No.403 in C.S. Khatian No.41 under Sree Krishnapur Mouza originally belonged to Brindaban Goshwami and the same was recorded in his name as pond; that Brindaban Goshwami was a Brahman Priest and he used to live at an......er of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......e next submits that the High Court Division failed to consider the observation of the appellate Court that the trial Court had noted the forgery made by the defendant in the register of the suit R.S. khatian in connivance with the collectorate staff, but the defendant did not challenge that finding ..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......7.79 acres of land as khas out of the share belonging to Lamio Matbar in Miscellaneous Case No.9 of 1952 under section 20 of the State Acquisition and Tenancy Act and the remaining .372 acre was duly recorded in his name in SA Khatian No.240. The shares of Khemari and Chamakhi Mongi were recorded in......e) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..Category: Property Law | Date: | Hits: 67
.... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44....... informant at gun point and looted an amount of Taka 27,322 as well as other goods worth about Taka 5,35,007. On receipt of the FIR by the Lohagara Police Station, Lohagara PS Case No.19 (4) 2007 was recorded against the accused-petitioners under sections 143/343/447/385/379/380/427 and 506 of the P...... find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44....... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44...
Category: Criminal Law | Date: | Hits: 85
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......ew of the Court below does not appear to be correct. When the schedule of the suit land is not denied by the defendants and both the parties claimed their respective title from one Iman Ali, the R.S. recorded tenant, production of S.A. Khatian was not that much necessary. The trial Court in rejectin......gree. Ed. This Case is also Reported in: ......he impugned order and as such it is liable to be set aside. 5. Mr. Bhuiyan has further submitted that the appellants’ claim of title and possession is supported by registered sale deed, mutation khatian, duplicate carbon receipt and rent receipt in name of their father Abdus Sattar Bhuiyan. The..Category: Civil Law | Date: | Hits: 67
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
....ady concluded that the Regulation being a Martial Law Regulation has not been saved by any legal Instrument of the People’s Republic of Bangladesh. 12. The learned Judges of the High Court again wrongly concluded that the tax demanded from the appellants is debt due to Government of the then Pa...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......mpugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165....... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......, the defendant was to satisfy the Court that there was sufficient cause for his non-appearance on the date when the suit was actually called on for hearing and when the evidence of the plaintiff was recorded. For setting aside ex parte decree, the defendant had to show cause for his absence on the ...... DLR (HCD) (1998) 174. ......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ..Category: Procedural Law | Date: | Hits: 80
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......peal below on proper consideration of the evidence on record and after adverting to the reasons assigned by the trial Court reversed the judgment passed by the learned Subordinate Judge. The findings recorded by the learned Court of appeal below are well-supported by the evidence on record and are b......own the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......l the witnesses so far examined as P.Ws. before the concerned Special Judge and the trial Court is to record deposition of witnesses and the witnesses will be competent to formally prove the evidence recorded by the learned Magistrate including his signature and the prosecution shall be entitled to ...... Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 71
....down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
......down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
...... (HCD) (1998) 156.
......ot by 4 brothers including the defendant No.1. The Court below held the view that the entire suit plot is not the undivided dwelling house of the defendant No.1 as the suit land has been described in khatian as chala land where vegetables are grown. Since the suit land is a part and parcel of land w..
Category: Property Law | Date: | Hits: 63
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......ere packed in a polythene bag, in presence of the witnesses, prepared seizure list and obtained signature of the witnessed. Accordingly, Siddhirganj Police Station Case No.19 dated 15-3-2005 has been recorded. 3. The case was duly investigated by police, who then submitted a charge sheet No.81 o......cation. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..Category: Criminal Law | Date: | Hits: 79
....In some appointment letters, it was mentioned that if their services are not satisfactory to the authority, they may be removed without any show cause notice. In the premises, the High Court Division wrongly applied the said doctrine.
21. Learned Attorney General submitted that admittedly some of......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......ons of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......ur Rahman (PW 8) and Mejbahul Alam (PW 9) a Sub‑Inspector of Police besides the informant (PW 1). 4. The testimony of PW 1 has been mentioned above while narrating the prosecution case. PW 2 had recorded the confessional statement of the appellant on 18‑4‑2002 and proved the appellant's sig......ellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..Category: Criminal Law | Date: | Hits: 128
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....he High Court Division erroneously came to a finding that the suit is not barred by section 272 of the Cantonment Act, 1924 also by sub-clauses (9), (10) and (11) of clause 1 of the deed of lease and wrongly held that since no relief was sought against Cantonment Board, the plaint could not be rejec......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......e appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)
.... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ...... pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ......of 1993 in the Court of Senior Assistant Judge, Sadar, Mymensingh, against the petitioner Md. Sabdul Ali and others for a decree of permanent injunction in respect of certain lands appertaining to CS khatian Nos. 241, 80 and 259. Subsequently Sabdul Ali filed OC Suit No.45 of 1994 in the said Court ..Category: Property Law | Date: | Hits: 75
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