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A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......ession in the suit land nor he was dispossessed, as alleged. 4. The learned trial Court has been pleased to dismiss the suit on his findings that the Exhibit‑Ka i.e. RoR Khatian was prepared and recorded in the names of Korban Ali and Hatem Ali, instead of Abdul Jabbar's daughters Hamida and Sa...... Md. Rezaul Hoque, Advocate-For the Petitioner. Omar Ali Khan, Advocate-For the Opposite Parties. Civil Revision No.3640 of 2001. Judgment Abdus Salam Mamun J.- This Rule was issued calling upon the Opposite Party No.1, to show cause as to why the Judgment and decree dated 2‑5‑2001......ssion in respect of suit land in the Court of the Assistant Judge, Fulpur, Mymensingh being the Other Suit No.121 of 1999 in respect of 14½ sataks of land out of 58 sataks in RS plot No.241 under RS khatian No.125 corresponding to CS khatian No.55 in Mouza 55 Rampur, District Mymensingh stating tha..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......the Opposite Party. Civil Revision No. 8766 of 1991. Judgment Sk Rezowan Ali J.- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued calling upon opposite party No. 1 to show cause as to why the Mentioned judgment and order dated 11‑3......e petitioner and opposite party No. 1 expired and their heirs were duly brought on record. 3. Facts relevant for the purpose of disposal of this revisional application, in short, are that the case khatian land 1.10 acres in area belonged to opposite party Nos. 2 and 4 and another Tala Bux Biswas ..Category: Property Law | Date: | Hits: 79
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......d without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..Category: Civil Law | Date: | Hits: 55
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ...... Dipak Datta Bhola was arrested. His confession led to recovery of the severed head of the deceased. Then accused Dipak Datta Bhola, Jahangir Alam and Md. Mobarak Hossain made confessional statements recorded by the Magistrates under section 164 of the Code of Criminal Procedure. Police after invest...... concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)
....statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......, which gave rise to Kotwali P.S. Case No.42 dated 20.04.97. 3. During the course of investigation statements under sections 164 of the Code of Criminal Procedure of four important witnesses were recorded as well as statements of other witnesses under section 161 of the Code. Also TI Parade was ......ndent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 77
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......n and Ramija Khatun were arrested on suspicion and forwarded to the Court of learned Magistrate. Accused Edu Miah and Ratan Miah were taken on remand and thereafter their confessional statements were recorded under section 164 of the Code of Criminal Procedure by a Magistrate, 1st Class, Comilla. Af....... Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 70
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
.... the accused, the complaint was held admissible as evidence of the conduct of the accused against whom was the subject of trial. Prosecution led no evidence in this regard and the High Court Division wrongly applied this principle in this case. 18. It is apt to observe here that the High Court Di...... adverse inference drawn against the appellant was, therefore, based on no legal basis at all. 9. In this case, Gopal Karmaker made two confessional statements one on 7th December, 1987 which was recorded by Md. Abdur Nur (P.W.6) and other was recorded by Md. Fazlul Karim (P.W.7). The learned Ad...... judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..Category: Criminal Law | Date: | Hits: 81
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......(HCD) (1998) 29. ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..Category: Property Law | Date: | Hits: 62
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......st them. Two torch-lights and one watch were recovered from them in presence of P.W.9. Police subsequently took them into custody. On 7-8-91 all the dacoits made confessional statement and those were recorded by P.W.3 Mr. SR Chakma, a local Magistrate. 7. Mr. Khorshed Alam Khan, learned Advocate ......ment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ..Category: Criminal Law | Date: | Hits: 66
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....ould make the decision “without lawful authority”. The proposition is indisputable that when there is jurisdiction to decide a particular matter then there is jurisdiction to decide it rightly or wrongly and the fact that the decision is incorrect does not render the decision without jurisdictio......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..Category: Election Law | Date: | Hits: 188
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ...... was then in service but no evidence worthy of belief has been brought on record in support of such contention. On the other hand, it is evident from CS Khatian Exbt. 12 and 12(A) that the land stand recorded in the name of Akbar Ali. So, there is no reason to believe that Plot No.2 of Kha schedule ......to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..Category: Property Law | Date: | Hits: 74
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......Motlab PS Case No.5 dated 26.2.87 was started against the accused appellants under sections 147/447/448/366A/379 of the Penal Code. 3. P.W.13 Amarendra Lat Roy, the Officer‑in-Charge Matlab PS recorded the FIR and entrusted P.W.15 Nepal Ranjan Barua with the investigation of the case who ther......om his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......n on a criminal charge in a Court of law; or (b) where the competent authority competent to dismise or remove the accused from service or to reduce him in rank is satisfied that, for reasons to be recorded in writing by that authority, it is not reasonably practicable to give the accused an oppor......sion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......ed Member, Appellate Tribunal but on an application under Article 102 of the Constitution the High Court Division set aside the order of conviction and sentence. In that case, copies of the statement recorded under section 161 of the Code of Criminal Procedure were not supplied to the accused becaus......trict Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..Category: Criminal Law | Date: | Hits: 79
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
.... Subsequently on 17.10.1990 the plaintiff No.2 was asked to make over possession of the suit land to the defendant No.5. The plaintiff thereafter, on enquiry, came to know that the suit land had been wrongly recorded as Government khas land and that the defendant No.3 was trying to establish a "guch......ently on 17.10.1990 the plaintiff No.2 was asked to make over possession of the suit land to the defendant No.5. The plaintiff thereafter, on enquiry, came to know that the suit land had been wrongly recorded as Government khas land and that the defendant No.3 was trying to establish a "guchchha gra......In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ......nding that the suit land vested in the Government after the State Acquisition and Tenancy Act came into operation and the same became khas land of the Government, and it was also recorded in the S.A. khatian as khas land of the Government. It was further stated that the refugees from India had been ..Category: Property Law | Date: | Hits: 58
Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)
....as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ......as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ......his petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ......akathi is without jurisdiction. 7. On perusal of the aforesaid gazettes, we find that Uttar Kistakathi has not been included within Jhalokathi Pourashava. We notice that except the voter list, a khatian of J.L. No.137 along with the mouja map, some receipts and a certificate, which are not lega..Category: Election Law | Date: | Hits: 172
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ...... that no search was held in his presence inasmuch as the Investigating Officer took his signature over a blank paper. The prosecution declared him hostile and cross-examined. P.W.13, a police officer recorded the FIR and was in charge of the investigation initially, proved the FIR, Sketch map, index...... Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ..Category: Criminal Law | Date: | Hits: 80
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
....the materials on record, found that the case holding being homestead is not connected with agriculture and the court of appeal below having not averted to said finding without assigning cogent reason wrongly arrived at a decision that the homestead adjunct with chara land being situated in rural are...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ......ut any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ..Category: Property Law | Date: | Hits: 52
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
....spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ....... 82 corresponding to SA Khatian No.116 originally belonged to Aviram Sarder and Rupchan Sarder and others and predecessors of the plaintiffs were bargaders under the said owners and their names were recorded as such bargaders in the CS Khatian. Their further case is that Aviram died leaving son Gur...... (1997) 72. ......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ..Category: Property Law | Date: | Hits: 51
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......was declined by the defence. 17. P.W.13, Fazle Elahi stated that he is now posted as Upazila Magistrate at Narayanganj Sadar. He worked as 1st Class Magistrate at Phulpur Upazila on 1‑2‑86 and recorded confessional statement of accused Alauddin son of Basiruddin Munshi. He stated that he "rec......if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ..Category: Criminal Law | Date: | Hits: 74
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