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Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)

....and could be created by dakhila and in the event of any dispute, the person who took settlement on the basis of dakhila was required to prove the dakhila in accordance with law. 9. In the case in hand, the plaintiffs having failed to prove the dakhila in accordance with law, failed to prove thei......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..

Category: Property Law | Date: | Hits: 101

Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)

.... all disputed questions of facts the resolution which are the possible under the writ jurisdiction. 10. Mr. M. I. Farooqui, learned Senior Advocate appearing on behalf of respondent, on the other hand, supports the impugned judgment. 11. We have considered the submissions of the learned Atto......by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 121

Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)

....nd after having water, he died. In cross examination P.W.2 stated that his father had died before they could call the doctor. He (P.W.2) informed the occurrence to the local police station in his own hand writing. The appellant’s father Mohammad Ali was cousin brother of his mother. P.W.3 Shonabha......ion Case No.40 of 1994 is hereby set aside. The appellant is 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: 101

SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)

....On 23-1-2011 the accused-petitioner called him to his office and he informed the matter to RAB-7, Chittagong and on their advise he went to the office of the accused-petitioner with Taka 10 lakhs and handed over the said amount to the accused-petitioner as bribe money, but he got the above act recor......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..

Category: Criminal Law | Date: | Hits: 111

Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd. and others, 2010, 39 CLC (HCD)

....on before filing the written statement in the suit. In support of this submission he relied on the case of Ismat Zerin Khan Vs. World Bank reported in 11 MLR (AD) 58 = 58 DLR (AD) 1. On the other hand Mr. AQM Safiullah with Mohammad Ali Jinnah, learned Advocates appearing on behalf of defendant ......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld. Send down the lower Court records. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 359. ..

Category: Employment/Service Law | Date: | Hits: 175

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

....m in the war of libera­tion. Mrs. Nurunnahar Begum, the wife of the ac­cused in her petition Ext.6 dated 25.1.86 to the Managing Director, Shilpa Bank, however, had stat­ed that her husband's left hand was amputated in the hospital after an accident. It was further stated that the accused never m......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..

Category: Criminal Law | Date: | Hits: 108

Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)

....ds and the evidence given by the D.Ws. them­selves would show that the disputed document was not executed on 9.2.79. Mr. Matiar Rahman Khan, the learned Advocate for the opposite party, on the other hand, submits that although there has been no discussion of the oral evidence by either of the Court......d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447...

Category: Property Law | Date: | Hits: 82

Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)

....vil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR 282; 22 DLR 56; Lawyers Involved: Gi......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441...

Category: Property Law | Date: | Hits: 88

Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)

....nd the learned Additional District Judge has concurred with the learned Munsif on the findings arrived at by him. Mr. M.A. Gafur, the learned Advocate appearing for the opposite par­ty, on the other hand, has placed before me the deci­sion in the case of Girijanandini Devi Vs. Bijendra Narain Chow......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...

Category: Civil Law | Date: | Hits: 152

Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)

.... findings and decisions arrived at by the Courts below cannot be sustained in law and the Rule should be made absolute. 8. Mr. Azizul Huq, the learned Advocate for the opposite party, on the other hand, contends that admittedly the original owner of the property was late Abdul Jalil who left the ......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161...

Category: Property Law | Date: | Hits: 107

Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)

....e learned Sessions Judge will be necessary for further investigation of the cages. 6. Mr. Khondker Mahbub Hossain, the learned Advocate appearing on behalf of the opposite party No.2, on the other hand, submits that these petitions filed by the petitioner are incompetent as he is hot aggrieved by......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..

Category: Criminal Law | Date: | Hits: 99

State Vs. Lokman Miah, 1995, 24 CLC (HCD)

....The motive, as alleged by the prosecution, is that Lokman Miah planned and made a false show of commission of dacoity in the bank and if such attempted dacoity could be resist then he would be paid a handsome reward and this Persuaded accused Lokman Miah to make a show of the attempted dacoity in th......on that the building in which the bank is situated is owned by him and he had no quarrel with accused Lokman Miah. 8. P.W.4 Allauddin is a shopkeeper at Mograpara. In his presence police seized 14 bombs (Ext.2) and he is a witness to the seizure‑list. He admitted that the seized goods were not ..

Category: Criminal Law | Date: | Hits: 73

Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)

.... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143.......ao, and Chinese-axe had attacked his son Mizanur Rahman Kawsar aged about 18 years and one Akhtar as they were returning home by rickshaw after Ifter. The accused persons in course of assault blasted bombs and the victim eventually succumbed to his injuries sustained by the attack. 3. The police ..

Category: Criminal Law | Date: | Hits: 92

Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)

....s discharged. The pre-emption is allowed. Cases Referred to- Sree Radha Raman Karmaker Vs. Hari Mohan and others heard along with Sufi Golam Mohiuddin Vs. Hafizur Rahman, 36 DLR (AD) 1; Balai Chand Mondal Vs. Nivaran Chandra Das, 51 CWN 644; Province of East Pak Vs. Md. Hossain, 16 DLR (SC) 6......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137...

Category: Property Law | Date: | Hits: 89

Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)

.... of voting, which also does not appear to be that open ballot as it would be in case of division of voters and counting each voter physically on one side and the other on the other side or by show of hands to be counted by a third person namely by the Speaker in presence and at the showing of everyb......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..

Category: Constitutional Law | Date: | Hits: 414

MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)

....d (5) the plaintiff requires the suit holding for his own necessity and upon such findings, the learned Small Cause Court Judge decreed the suit with costs, and directed the defendant‑petitioner to hand over vacant possession of the holding to plaintiff within 60 days by his judgment and decree da......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ..

Category: Civil Law | Date: | Hits: 140

Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)

....or by fraud. Equity af­fords relief in either case. If the instrument be cancelled as a whole, both the parties suffer because the real agreement by such cancellation falls through. If, on the other hand, the instrument be stayed right the genuine contract becomes capable of enforcement and neither......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...

Category: Property Law | Date: | Hits: 134

Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)

.... taxes. Nowhere it was found that this petitioner was doing any business in Bangladesh. 5. Md. Aftabuddin, the learned Advocate appearing on behalf of the opposite party No.1 Revenue, on the other hand, submits that this petitioner filed returns showing no income. Through as a matter of fact they......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333...

Category: Fiscal/Taxation Law | Date: | Hits: 254

Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)

....mitation and that the plaintiffs failed to prove the genuineness of the Ekrarnama. 8. Mr. Mihir Kanti Majumder, learned Advocate appearing on behalf of the plaintiff opposite parties, on the other hand, submits that the genuineness of the deed of being established by evidence, there is no error i......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..

Category: Procedural Law | Date: | Hits: 129

Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)

....ivision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Muhammad Ismailuddin Sarker J Assistant Custodian, Vested Property..........................Petitioner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 19......First Court, Patuakhali for disposal of the Miscellaneous Case in ac­cordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473...

Category: Limitation Law | Date: | Hits: 275