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Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
....s involved for disposal of the rule are as follows: The plaintiff's case in nutshell was that the suit jote originally belonged to one Dost Mahmud Mondal. Dost Mahmud died leaving behind 3 (three) sons-namely Abdul Jabbar Mondal, Belayet Mondal, Del war Hossain Mondal and 5 daughters Zahiron, Sur...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......o.323 acre 4.07, in plot No.323, .56 decimal land in plot No.323 recorded 1.06 decimals total 10.06 recorded in the name of defendants. Plaintiffs case was liable to be dismissed in limine. 4. The trial Court on conclusion of the hearing decreed the suit conditionally to file deficit Court fees o......Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ..Category: Property Law | Date: | Hits: 48
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....trapur P.S Case No.14 dated 03.01.1999 corresponding to GR Case No.359 (Purbo) of 1999 convicting the appellant Nur Hossen under section 19 A of the Arms Act and sentenced him to suffer rigorous imprisonment for 10 (ten) years. 2. The prosecution case, in short, is that on 03.01.1999 one Sub-Insp......no illegality has been committed by the impugned judgment and order of conviction and sentence. 14. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinize the material evidence in order to come to a proper decision in this appeal...... the investigation, he submitted the charge sheet being No.100 dated 12.02.1999 against the accused NUT Hossen under section 19A and 19 (f) of the Arms Act. 5. The accused Nur Hossen was placed on trial on charge under section 19A and 19(f) of the Arms Act for keeping illegal Arms in his possessi......………………….Appellant Vs. The State……………………..Respondent Judgment September 20, 2007. Result: The Appeal is dismissed Cases Referred to- Shadhu Miah and others Vs. The State with Md. Abdul Karim and others Vs. The State, BCR 2005 (HCD) 508; Mohammad..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
....he complainant to file an appeal. 6. The question is, that whether the appeal by the complainant is competent or not. 7. Let as quote section 205D of the Code of Criminal Procedure to come to a solution of the legal dispute. 8. Section 205D, sub-sections (1) and (2) is fixed that: "Secti...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......f the deceased, since a case has been initiated by the police and was recorded as FIR, was recorded as GD Entry No.1524. the case initiated by the police was investigated and ultimately, was sent for trial and after conclusion of the trial, the learned Magistrate passed the sentence. Since the sente......lso Reported in: 13 BLC (HCD) (2008) 50. ..Category: Criminal Law | Date: | Hits: 39
....ud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009)
Bangladesh Environmental Lawyers’ Association (BELA)………Appellant (In Civil Appeal No.253 of 2009)
Anser Uddin Ahmed and other......ion clause in Article 2, ‘body’ was defined as “body of individuals whether incorporated or not, and includes any company firm, society, association, organization or authority, by whatever name called”. In Article 3 after the word ‘family’ the words “or body” were added. In view of t......ng. Any interference with the same as earmarked in the said Master Plan will have devastating environmental effect for which the Master Plan in clear terms prohibited residential, commercial and industrial developments in those Zones, including raising the level of land plain through earth filling i......
Civil
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009)
Bangladesh Environmental..
Category: Environmental Law | Date: | Hits: 434
....…………Petitioner
Vs.
The Government of the People's Republic of Bangladesh and Others…………………Respondents
Judgment
September 26, 2007.
Result:
The rule is made absolute.
Lawyers Involved:
Kazi Siddiqur Rahman, Advocate - For the petitioner.
No one appea......is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......ional Sessions Judge].
(2) As Sessions Judge the Commissioner may take cognizance of any offence as a Court of original jurisdiction, without the accused being committed to him by a Magistrate for trial, and, when so taking cognizance, shall follow the procedure prescribed by the Code of Criminal......cial Original Jurisdiction)
Present:
Zinat Ara J
Sheikh Abdul Awal J
Bangladesh Krishi Bank…………………Petitioner
Vs.
The Government of the People's Republic of Bangladesh and Others…………………Respondents
Judgment
September 26, 2007.
Result:
The rule..
Category: Civil Law | Date: | Hits: 74
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
....sed-Petitioner (on bail). Vs. The State, represented by the Deputy Commissioner, Cox's Bazar...................Opposite party. Judgment August, 19, 2009. Result: The Rule is made absolute in part. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the petitioner. S...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......duct of the accused No.1 intention of deceiving the informant at the initial stage can be gathered in this case. All these facts asserted by the parties are necessary to be adjudicated at the time of trial. When the police officer collected materials and submitted charge sheet against the accused-pe......ut of Taknaf Thana Case No.10 dated 13.4.2003, then pending in the Court of First Class magistrate, Court No.2, Cox's Bazar, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all further proceedings of the said G.R. Case were..Category: Criminal Law | Date: | Hits: 62
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....ed to Jadunath Saha, who before C. S. operation died leaving behind his only daughter Panchamoni Dasi, who inherited the suit land and in due course of law her name was recorded in C.S. Khatian and also in SA Khatian. The aforesaid Jadunath Sahahad another brother named Kedarnath, who died leaving b......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......out consideration and not acted upon, The plaintiffs have no title and possession in the suit land. The plaintiffs suit is false and mala fide, which is liable to be dismissed with cost. 4. At the trial, the then learned Munsif, 2nd Court, Satkhira framed appropriate issues in the suit and the pl......r Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ..Category: Property Law | Date: | Hits: 57
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....the Additional Sessions Judge, 2nd Court, Rangpur in Sessions Case No.83 of 2002 convicting the petitioners under sections 302/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life. 2. The facts leading to filing of the instant leave petition are that one Md. R......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......als available on record, framed charge against the accused persons under sections 147/149/302/34 of the Penal Code and read it over to them in open Court to which they pleaded not guilty and demanded trial. Thereafter, he transmitted the case to the Additional Sessions Judge, Rangpur for trial. 6...... in:9 ADC (2012) 797. ..Category: Criminal Law | Date: | Hits: 60
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....jan Ali being deed his hears: 1(a) Md. Afjal Hossain and others……………………………………………..Opposite Parties Judgment October 19, 2006. Result: The Rule is made absolute. Lawyers Involved: Shah Md. Khasruzzaman with Rashma Sultana-For the Petitioner. ......arun-Or-Rashid-For the Opposite Parties. Civil Revision No.3037 of 2003. Judgment Zinat Ara J.-In this Civil Revision under section 115 of the Code of Civil Procedure, the petitioners called in question the legality of the judgment and decree dated 13.1.2003 passed by the Additional ......he petitioners further contention is that on 4.7.2000 after disposal of the original suit RAJUK evicted the plaintiffs and other unauthorized occupants and took possession of the suit land. 4. The trial court on consideration of the evidence on record dismissed the suit with the observation that ......Chairman, Rajdhani Unnayan Kartipakha, Rajuk, Bhaban, Motijheel, Dhaka……………………………………………..Petitioner Vs. Ramjan Ali being deed his hears: 1(a) Md. Afjal Hossain and others……………………………………………..Opposite Parties Judgment Octo..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....of this Court on bestowing a Civil Revision petition under section 115 of the Code of Civil Procedure, Civil Revision petition, has been numbered as Civil Revision Case No.5369 of 2000. 2. Predecessor-father of petitioners in Civil Revision Case Lutfor Rahman had been pre-emptor in Pre-emption Mi...... to undo injustice caused to men, public and citizens of state and Court must exercise that discretion. Courts are not tied by ex parte orders and decrees. Mandate of law is that interference must be called for and interference, if not called for, then it is not exercising discretion, which law says......88 passed in Pre-emption Miscellaneous Case No.66 of 1984 illegal and binding upon plaintiff? iv. Is the plaintiff entitled to relief sought for? 6. Learned Assistant Judge, Kachua, Chandpur as trial Judge decided first issue in favour of plaintiff-opposite party. Learned trial Judge held that......reme Court High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Momin Miah & others………………………Petitioners Vs. Md. Shafiullah Patwari and others…………………………Opposite Parties Judgment April 29, 2007. Result: ..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....ed in: ......working nights and holidays and Sunday. The administration duties of the Chief Justice have increased and many other duties have been imposed on him by acts of Congress which my predecessors were not called on to perform...........Unlike the functions of an executive officer, practically none of the......e community in justice being done - - --.” 52. Through the above scripted passages Lord Denning revealed how the difficult job of striking the balance between individual liberty, a fair criminal trial, non retrospectivity, privacy and property rights as against official power, are performed by ...... Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 413
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... Md. Sirajul Islam J Sonali Bank and another………………Petitioner Vs. Chandon Kumar Nandi………………Opposite Party Judgment May 12, 1994. Result: The Rule is made absolute. Civil Court had no jurisdiction to entertain the suit of a 'worker' as defined in the Emp...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......defined in section 2(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 as under: "Worker means any person including an apprentice employee in any shop, commercial establishment or industrial establishment to do any skilled, un‑skilled, manual, technical, trade, promotional or cleric...... restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..Category: Labour and Industrial Law | Date: | Hits: 137
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....Mostafa…………………………………Petitioner Vs. The State……………………………………….Opposite party Judgment May 24, 2010. Result: The rule is made absolute. Lawyers Involved: Md. Mahbub Ali, Advocate - For the petitioner. K.M. Masud ......hat the fertilizer was not adulterated, we do not find any ingredient of section 420/406/409/109 of the Code, so far as the petitioner is med. 23. Regarding the point as to whether interference is called for at the stage when already 10 witnesses have been examined, we are of the considered view ......he learned Judge took cognizance of the offence by an order dated 01.08.2004 and framed charge, against the accuseds, under sections 406/420/409 of the Penal Code by an order dated 10.10.2004. During trial, prosecution has examined 10 witnesses. In the course of trial, on 15.01.2007, the accused pet......5 of 2000 (Sadar) corresponding to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. ..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....tioners in the Credit Information Bureau Report (CIB Report) as defaulting borrowers for the alleged loan liabilities of respondent No.3 Agrani Bank under Borrower Code No.4999. The petitioners by reason of the said CIB report are unable to obtain and renew various facilities from various banks, whi......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ...... written to the petitioner by the plaintiff bank and whether the same has been accepted by the petitioner are matters of evidence. The points at issue now before us can well be decided at the time of trial of the suit but on a writ jurisdiction this question cannot be decided. Defendants will be at ...... is also Reported in: 14 MLR (HCD) (2009) 434. ..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....……………………….Respondents Judgment August 2, 5, 8, 2010. Result: The appeal is allowed. The limitation will start not from the date of publication of record of right, so long any dispute as to title and possession is not raised . . . the wrong record of right by itse......iffs took settlement of the suit land from the then government on 07/11/21 and he executed and registered Kabuliyat in favour of landlord on 7/11/1921 and to prove the case the original Kabuliyat was called for from the collectorate on 11.8.1979 vide order No.27, Kabuliyat was exhibited as Ext.1 and......share; that the plaintiffs have no right, title and possession in the suit property relating to the shares of defendant Nos. 1-4 and as such the suit is liable to be dismissed. 4. In the course of trial, the trail Court framed the following issues:- 1. Is the suit maintainable in its present f......Case is also Reported in: 30 BLD (HCD) (2010) 628. ..Category: Property Law | Date: | Hits: 146
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
.... The State………………………………………………………………………….Respondent Judgment August 1 of 2006. Result The appeal is allowed. Where there is reasonable possibility of the defence plea being true and the prosecution has not proved the case beyon......s discharged from her bail bond. 17. 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: 27 BLD (HCD) (2007) 29. ......zure list was prepared and hence the case. 3. The police investigated the case and submitted charge sheet under section 25B of the Special Powers Act, 1974 against the accused appellant. 4. The trial court framed charge under section 25B of the Special Powers Act which was read over to the app......……………………………………….Respondent Judgment August 1 of 2006. Result The appeal is allowed. Where there is reasonable possibility of the defence plea being true and the prosecution has not proved the case beyond reasonable doubt by adducing independent witnesse..Category: Criminal Law | Date: | Hits: 95
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....………………….Petitioner Vs. M/S. Kaderia Publication and another……………………………….Opposite Parties Judgment August 21, 2006. Result: The Rule is made absolute. Case Referred to- Lakhmi Bazar Shahi Majid Committee and another Vs. St. Francis Xavie......f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......tion is imperative for the purpose of elucidating any matter in dispute. Particularly in a suit for permanent injunction, determination of the location of suit property is necessary before going into trial. Since the defendant stoutly claims that all the land of suit plot No.355 has been acquired an......nt: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J Md. Sazzad Hossain…………………………………………………………….Petitioner Vs. M/S. Kaderia Publication and another……………………………….Opposite Parties Judgment August 21, 2006. ..Category: Property Law | Date: | Hits: 84
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....is an order in Writ Petition No.9394 of 2010 for its hearing analogously with Writ Petition No.9390 of 2010 and the issues involved in both the writ petitions are related to the affairs of National Association of Small and Cottage Industries of Bangladesh (hereinafter called NASCIB), these two writ ......sly with Writ Petition No.9390 of 2010 and the issues involved in both the writ petitions are related to the affairs of National Association of Small and Cottage Industries of Bangladesh (hereinafter called NASCIB), these two writ petitions have been heard analogously and are being disposed of by on......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ...... - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 114
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....l Sessions Judge, 4th Court, Khulna in Sessions Case No.172 of 1998 convicting the appellant, and absconding accused Ful Baru under section 314/34 of the Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer fu......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......ng some act intending to cause her miscarriage. He himself investigated the case and after investigation submitted charge sheet-against the appellant and absconding convict Ful Baru. They were put to trial in the 4th Court of Additional Sessions Judge, Khulna, wherein charge under sections 304 and 3......ney-General with Parvin Hannan, Assistant Attorney-General - For the Respondent. Criminal Appeal No.2085 of 2000. Judgment AKM Fazlur Rahman J.- This appeal is directed against the Judgment and order dated 13.8.2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions Cas..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....que…………………………Accused-Petitioner Vs. The State and another……………………………Opposite parties Judgment January 29, 2007. Result: The Rule is made absolute. Cases Referred to- Ali Akhter Vs. Enayet Hossain and others, 17 BLD (AD) 44; Abdul Qu......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ...... accused petitioner was arrested on 27.07.2005 and subsequently he was enlarged on bail on 28.07.2005. Thereafter, the case was transmitted to the Court of Additional District Magistrate, Kushtia for trial. 5. Being aggrieved and dissatisfied with the aforesaid impugned proceeding the accused pe......reme Court High Court Division (Criminal) Present: Sharif Uddin Chaklader J Shiekh Abdul Awal J Md. Omar Faruque…………………………Accused-Petitioner Vs. The State and another……………………………Opposite parties Judgment January 29, 2007. Res..Category: Criminal Law | Date: | Hits: 92
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