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Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....he plaint the land in west south comer 1.13 acres of land out of 2.93 acres of Plot No.510 was possessed by the defendant No.4 forcefully which is kha schedule. The plaintiff joint in the army and he participated in the second world-war and after the war, he left from army and came to his paternal h......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....nbsp; Criminal Revision No. 47 of 1984. Judgment ATM Afzal J.- This Rule, at the insÂtance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Co......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....Mostafa, P.W.2 Abdul Khaleque, P.W.3 Shamsuddin Biswas, P.W.4 Shaheb Ali Biswas, P.W.5 Golam Hossain Biswas, P.W.6 Torab Ali Biswas, P.W.7 Jiarat Ali, P.W.8 Dr. Hekmat Ali, P.W.9 Atiar Rahman, P.W.10 part investigation officer Zulfikar Ali P.Ws.2, 6, 7 were declared hostile by the prosecution and cr......ted place of occurrence, prepared Map with Index of the place of occurrence seized alamat by seizure list, examined witnesses and recorded their statements under section 161 CrPC. After conclusion of investigation charge-sheet was submitted on 10‑6‑1992 under sections 302/34 Penal Code against a..Category: Criminal Law | Date: | Hits: 93
.... account of VAT. It was agreed upon that Pre-shipment Inspection Order 1999 being SRO 316-Law/99/1807/Customs dated 19‑10‑1999 (as modified by SROs dated 29‑1‑1999 and 25‑1‑2000) shall be part of the contract. Pursuant to the aforesaid contract the petitioners who had been appointed as P......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
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Category: Fiscal/Taxation Law | Date: | Hits: 119
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....laimed himself to be a co-sharer by way of purchase from other co-sharers and filed a pre-emption case being Miscellaneous Case No.66 of 1979 in the Court of the then Munsif, Hatia and obtained an ex parte order of pre-emption. Opposite party No.1 Abu Saleh Mohammad Nur claims that in 1980 he purcha......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....resent: Salma Masud Chowdhury J Md. Abdul Latif being dead his heirs Mosammat Zahura Bewa and others…………….Petitioners Vs. Mohammad Ali and others…………………..Opposite parties Judgment January 28, 2008. Result: The rule is discharged. Partition Suit ......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ..Category: Procedural Law | Date: | Hits: 115
....bmits that only one day after the impugned order of retirement of the petitioner a show cause notice was served upon him which manifestly expresses an unbridled and arbitrary exercise of power on the part of the authority which, according to him, has been done with ulterior motive. Mr. Chowdhury rel......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
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Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....torial jurisdiction is a nullity. The defect of jurisdiction is not merely of procedure and it is not cured by section 87 of the Registration Act, 1908…………………………..(7) Where no part of property to which document relates is situated within the jurisdiction of a Sub-Registrar, t......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....mining the P.W.s in the prosecution case the accused is entitled to get benefit of doubt. It is conveniently observed that though sad, yet it is a fact that in our country, there is a tendency on the part of the people to rope in as many people as possible for facing trial in respect of any criminal...... the Chairman of Pourashava wherefrom the informant was taken to Palong Police Station where she lodged the first information report. Hence the present case. 3. SI Bhuiyan Mahbub Hasan took up the investigation, visited the place of occurrence, prepared sketch map with separate index of the place..Category: Criminal Law | Date: | Hits: 74
....hava Vs. Bangladesh, 1999 BLD (AD) 87]…………………………………………..(25)
Words and phrases
Public purpose
If the purpose serves some public use or interest, as opposed to particular interest of an individual, then the purpose would be termed as public purpose. ………â...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
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Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....d in giving interpretation which would go to frustrate the legislative intent by adopting any liberal construction of the legislation. The principal object of interpretation is not only to find out a particular meaning of a word or words in a statute, but to find out the meaning of the legislature t......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..Category: Constitutional Law | Date: | Hits: 466
.... of implied repeal and say that the later provision shall prevail……………………(17)
It is a basic principle of interpretation that Court should not give an interpretation which renders a particular provision redundant or nugatory………………………………(27)
This rule of c...... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
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Category: Others | Date: | Hits: 107
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....executing the work of the contract with due diligence and proficiency but the defendants were finding faults with the plaintiff without any rhyme or reason. Subsequently, on the mutual consent of the parties, the time schedule for completion of the work on the project was extended. It has been conte......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
....1997 affirming the Judgment and decree dated 25-1-1997 and 5-2-1997 respectively passed by learned Assistant Judge, Second Court, Dhaka in Title Suit No.181 of 1994. 2. The predecessor of opposite party No.1 (ka-1(Thha) and opposite party No.2 as plaintiff instituted Title Suit No.181 of 1994 bef...... Title Suit No.181 of 1994 before the Court of Assistant Judge, 1st Court, Dhaka for decÂlaration:- "(a) Pass a decree declaring that the attempts made by the principal defendant Nos.1-4, at the investigation of the principal defenÂdant Nos. 5 and 6 for construction of sewerage line and box in..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....gment Md. Nazrul Islam Talukder J.- This Rule at the instance of the accused-petitioner, was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite-party to show cause as to why proceeding of GR No.129 of 2004 arising out of Lalbagh Police Station ......though the imported papers and documents remained with the bank. In this way, the accused-petitioner and others misappropriated Taka 4,42,500 by selling 6 Taxi Cabs resorting to forgery. 3. During investigation, the Investigating Officer went to the place of occurrence and recordÂed the statemen..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....SR Paul, Khan Mahbubuddin Ahmed and M. Nurullah, Advocates - Amicus curiae. Civil Revision No.851 of 1991. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued calling upon the opposite party No.1 to show cause why the decree passed in Family Appeal No.1 of 1989 by the Family Appellate...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....id & Others……………………………Convict-appellants Vs. The State……………………………Respondent Judgment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery......r of Police attached with Dinajpur Kotwali Police Station at the material time filled up First Information Report Form. He proved First Information Report and his signature therein. He performed part investigation of the case. He handed over the case diary to A.S.P. Aminul Huq (P.W.12). 25. P.W.1..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....on of those recommendations but the Artha Rin Suit cannot be withdrawn since the recommendations are not binding upon the Bank. 10. In view of the submissions made by the learned Advocates for the parties the most vital question to be decided in the Rule is, whether the court can direct implement......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ..Category: Constitutional Law | Date: | Hits: 334
Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
....biul Hoque, Police Inspector, P.W.6 Md. Mozammel Hoque Assistant Sub-Inspector of Police, P.W.7 Md. Mostafizur Rahman, Police Constable, P.W.8 Abdul Alim Sarker, Sub-Inspector of Police who conducted part investigation of the case and P.W.9 Malik Nazmul Haider, Sub- Inspector of Police who on comple......Hoque, Police Inspector, P.W.6 Md. Mozammel Hoque Assistant Sub-Inspector of Police, P.W.7 Md. Mostafizur Rahman, Police Constable, P.W.8 Abdul Alim Sarker, Sub-Inspector of Police who conducted part investigation of the case and P.W.9 Malik Nazmul Haider, Sub- Inspector of Police who on completion ..Category: Criminal Law | Date: | Hits: 125
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....de of Civil Procedure and upon hearing the learned Advocate this Court issued the Rule on the following terms: "Let the records of the case be called for and a Rule issue calling upon the opposite party Nso.1-8 to show cause as to why the judgment and order dated 62.2005 passed in Miscellaneous A......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
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