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Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)

....ivision on the point of limita­tion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......who inherited the same. Taking advantage of the plaintiff’s minority during the last set­tlement operation, Jabed Ali, son of Rahman Ali in collusion with the settle­ment staff got the suit lands recorded in his name. Defendant Nos.1-9 thereupon insti­tuted Title Suit No.106 of 1986 in the Cour...... is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......ivision on the point of limita­tion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ..

Category: Property Law | Date: | Hits: 62

Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)

....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......ed actually on 25.2.91 and there cannot be any doubt that the proceeding had stood stopped on the date on which the impugned order was passed i.e. on 13.8.91. The learned Sessions Judge ought to have recorded an order stopping the proceeding of the Sessions Case and releasing the accused‑petitione......accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..

Category: Criminal Law | Date: | Hits: 58

Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)

....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......uly and August, 1984 to the shareholders of the company of accused Nos. 1 and 2 and publishing the same in the aforesaid prospectus. 3. The City Metropolitan Magistrate on receipt of the complaint recorded the statements of the complainant opposite party on solemn affirmation and thereafter direc......d. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ..

Category: Criminal Law | Date: | Hits: 98

Gias Uddin Vs. State, 2002, 31 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......ctions 302/201/34 of the Penal Code. 3. The police took up investigation of the case, visited the place of occurrence, prepared sketch‑map with separate index thereof, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and finally, submitted......of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328....... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328...

Category: Criminal Law | Date: | Hits: 51

Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)

....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ...... 26. PW 16 Officer in Charge Amzad Hossain testified that he found the dead body of Razzak Fakir at the bank of the pond near the house of the informant. On the oral statement of the informant, he recorded the first information report. He investigated the case. He held inquest over the dead body ......ith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..

Category: Criminal Law | Date: | Hits: 60

Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)

....em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......ee is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ..

Category: Property Law | Date: | Hits: 57

Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)

....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......is matter in view of the fact that the plaintiff acquired title through the Court upon the suit property. Exts. 6 to 6(g) are the SA parcha of the suit property in which the name of the plaintiff was recorded. Ext. 7 is a letter issued from the Dhaka Pourashava. Ext. 8 is the letter vide ­office Me......€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment May 19, 1993. Case Referred to- Government of Bangladesh Vs. Basharatullah, 40 DLR 554. Lawyers Involved: Md. Matiar Rahman with Md. Zakir Hossain and Quazi Aulad Hossain, Advocates ‑ For A Plaintiff‑Appellant. Md. Shahidul Alam Chowdhur......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ..

Category: Property Law | Date: | Hits: 75

Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)

....Ordinance by order dated 17th July, 1990. The earlier writ petitions were filed in 1992. In the premises, it is the unamended provisions of Section 12 would hold the field but the High Court Division wrongly considered the amended provision. Section 12 as stood on the date of acquisition reads as fo...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ...... is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..

Category: Property Law | Date: | Hits: 93

Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)

....acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......rmed by the lower appellate Court. The lower appel­late Court also found that the plaintiff could not prove the case pattan and possession and on consideration the evidence of P.Ws.2, 3, 4 and 5 and recorded a finding of fact that the plain­tiff could not establish his title and pos­session in th...... The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......ntrary to the evidence brought on record and the learned Single Judge of the High Court Division without application of mind in respect of evidence oral and documentary and without discussing mutated khatian vide exhibit-7 with OCR exhibit-8 and rent receipt vide exhibit-9 summarily rejected the rev..

Category: Property Law | Date: | Hits: 61

Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)

.... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ...... of total .44 acres of land of Plot No.883,and he also had been possessing the land of plot No.980 by cultivating the same; at the time of preparation of record of right the suit land was erroneously recorded in the name of Poreshnath but by such erroneous preparation of record of right, the right t......no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ..

Category: Property Law | Date: | Hits: 57

Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......sif seeking eviction of the defendants stating that the defendants are his tenants and had defaulted in the payment of rent and the said suit was dismissed on 30.03.1978; that defendants got the land recorded in Khatian No. 483/1 and paying rent as against that Khatian; that the Keramat Ali died lea......ithout any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......nt on appeal and the same was allowed, that Mojibul Haque gifted the property in suit to the plaintiffs by a registered heba deed dated 24.07.1979, that defendants obtained order for opening separate khatian in their names for 0.303 acre of land and a khatian was opened in respect of part of the lan..

Category: Property Law | Date: | Hits: 64

Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)

.... dismissal and although the said fact has not been stated in the writ petition, but as the Respondent No.2 brought the fact to the record, this Court considers the point and notes that the petitioner wrongly preferred the appeal before the Administrative Tribunal as the schedule to the Administrativ...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ...... copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ..

Category: Employment/Service Law | Date: | Hits: 64

Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)

....use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......bstance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......tion case has been dismissed by the lower Appellate Court, which has been approved by the High Court Division, on misconception of fact and law. The disputed case holding being appertained to raiyati khatian and situated in the rural area it cannot be treated as non-agricultural land, the pre-emptio..

Category: Property Law | Date: | Hits: 76

State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)

....ffer from any infirmity and his evidence proved the complicity of accuseds Jony, Chhota Shahadat and Liton in causing death of the victim beyond all reasonable doubt but Chhoto Shahadat and Jony were wrongly convicted under section 326/34 of the Penal Code for causing hurt to only P.W.2 and even wit......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166...

Category: Criminal Law | Date: | Hits: 56

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

.... He also learned with some persons by showing defendant No.1, Shamsul Kabir Humayun Reza as dead person striking out his name as defendant No.1 and one Anwarul Hasan and others as his heirs have been wrongly implicated in the suit as in fact, defendant No.1 had never died. This application was filed......took electricity, WASA, Titas gas etc. from different departments and paying regularly rents> taxes and bills and enjoying the suit property and possessing the same and his name have been properly recorded in RS and mohanagar survey. This defendant after getting plot, wanted to construct on the s......esult, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......reafter standard lease agreement was executed and registered in his favour on 1-8-1962 being deed No.7198 and he became the 16 annas owner of the suit plot, this defendant No.3-appellant got mutation khatian and got his name recorded in the City Corporation, electricity, WASA and Titas gas departmen..

Category: Property Law | Date: | Hits: 100

State Vs. Shahin and others, 2010, 39 CLC (HCD)

....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......oss-examination he stated that the deceased Biplob was involved with terrorist activities and he was in custody in different occasions. 55. P.W.18 Shibani Bhattacharjeya, Magis­trate First Class; recorded the statement of witness Alamgir and he identified the same. 56. P.W.19 Arif Hossain a p...... section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..

Category: Criminal Law | Date: | Hits: 76

Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)

....leaving his widow Jamirjan Bibi and four daughters, namely Aliman Bibi, Saliman Bibi, Ketabi Bibi and Annabi Bibi but during the CS operation the said land was recorded in CS Khatian No.362 Ext. 5(a) wrongly in the name of Jamirjan Bibi alone. Jamirjan Bibi and Annabi Bibi created a Heba‑bil‑ewa...... plaintiffs got their names mutated with the Government Tahsil office and have been paying rents since 1367 BS and onwards under separate rent receipts Ext. 4 series. The said CS plot No.313 has been recorded in the revisional survey operation in six separate plots. As there was wrong recording in r......the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...

Category: Property Law | Date: | Hits: 55

Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)

....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......sts. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ..

Category: Property Law | Date: | Hits: 49

Shahin Alam Vs. The State, 2010, 39 CLC (HCD)

....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115.  ...... P.S. took up the investigation of the case, visited the place of occurrence, prepared the sketch, map along with index, examined the witnesses under Section 161 of the Code of Criminal Procedure and recorded their statements. He sent the recovered Pipe-gun and two blue colored cartridges for opinio......to the appellant and send down the LCR. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115.  ......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115.  ..

Category: Criminal Law | Date: | Hits: 56

Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)

....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......1. We have perused the F.I.R. No. 89 dated 30.09.2001 filed with the Paltan Police Station, D.M.P. Dhaka by Mr. Ashraful Islam, Assistant Director, ACC. The case stated in the F.I.R. has already been recorded by us herein before. We have also perused the charge sheet submitted in this case by one Mr......the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...

Category: Criminal Law | Date: | Hits: 111