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Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)

.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248.......party No.1. 3. The case of the petitioner, Sona Mia (since dead) in brief was that the lands covered by Settlement Khatian No.47 originally belonged to Zamindar Ayub Ali Chowdhury and the same was recorded in the Khatian No.47 in the name of Raj Chandra as Chakran Tenant. Subsequently the Zaminda......wer Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248....... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248...

Category: Property Law | Date: | Hits: 91

Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)

....t was further alleged that the land of the Petty Settlement Khatian increased by .15 acres to 13.88 acres and one Ismail was entrusted with the task of preparing the Khatian and got the same recorded wrongly. The plaintiff opposite party was enjoying 9.01 acres of land and the defendant-petitioners ......even annas share and Mati Bibi owned one anna share. Afezuddin sold 2.40 acres of land to different persons and Mominuddin sold 1.60 acres to different persons and Mati Bibi got her .78 acres of land recorded in the name of her sons through Nikah marriage. 4. It was further alleged that the land ...... Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...

Category: Property Law | Date: | Hits: 72

HM Ershad Vs. The State, 1992, 21 CLC (HCD)

....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ...... has been cast upon the Magistrate to consider first the police report and the document sent with the report. The word 'documents' in section 250B necessarily includes the statements of the witnesses recorded under section 161 Cr.P.C. and other documents e.g. post‑mortem examination report, etc. w......s of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..

Category: Criminal Law | Date: | Hits: 286

Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)

....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......enal Code read with sections 4(b) and (c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 against the convict-petitioners and others on 4.6.1987. 3. During investigation, the police recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having......ord along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..

Category: Criminal Law | Date: | Hits: 86

Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)

....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136....... as Ext.1 He seized the cycle which was said to have been used by deceased Masharuddin, 30. He interrogated three boatmen of Nunadaha Ferryghat namely, Habibur Rahman, Afsar Ali and FazluI Huq and recorded their statements. Afsar and Fazlul Huq have not been mentioned in the charge sheet as witne......Case is also Reported in: 44 DLR (HCD) (1992) 136.......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...

Category: Criminal Law | Date: | Hits: 76

Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)

.... of the suit land mutated in his name in SA khatian and that he paid rent of the suit property including other properties till 2001 to the government . It is further stated that the suit property was wrongly recorded in the filed khatian in the name of the government during last settlement survey wh......ther of the plaintiff and Mongal Miah, the paternal uncle of the plaintiff; that Mondal Miah had no issue and thus Moezuddin @ Darag Ali became owner of the suit property; that SA khatian was rightly recorded in the name of the Darag Ali @ Moezuddin; that the plaintiff got some of the suit land muta......Aziz............... ………………………………..........Opposite Party Judgment March 22, 2011. Cases Referred To- Khandaker Mobarak All Vs. Jahanara Begum, 1 ADC (2004) 401; Jinnatunnessa Vs. Bangladesh 48 DLR 208; Abul Hossain Vs. Amjad Hossain, 62 DLR (AD) 436; Hridoy Ranj......n @ Darag Ali the father of the plaintiff and Mongal Miah, the paternal uncle of the plaintiff; that Mondal Miah had no issue and thus Moezuddin @ Darag Ali became owner of the suit property; that SA khatian was rightly recorded in the name of the Darag Ali @ Moezuddin; that the plaintiff got some o..

Category: Procedural Law | Date: | Hits: 72

Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)

.... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......ith deadly weapons forcibly entered inside the National Jute Mills and exploded cocktail and hurled brick-bats towards police which caused mischief to the building premises of the mills. The case was recorded as Kaligonj Police Station case No. 2(7) 92 under sections 3, 4 of the Act. 3. Over the ......er by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896....... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896...

Category: Criminal Law | Date: | Hits: 71

Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)

....pplication No.1 of 2001 and there could not be any reason also for this appellant to nullify that Trade Mark Application. The learned Counsel has argued that the High Court Division most unjustly and wrongly hold that this appellant seized the opportu­nity to pass the order dated 16-9-2001 at a poi......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..

Category: Intellectual Property Law | Date: | Hits: 270

Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....ted earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ......dvocate appearing for the petitioners, supports the Rule and submits that the impugned order dated 22.06.2010 is illegal and arbitrary, because deposition of any witness of the plaintiff bank was not recorded and that the written statements along with the affidavits of the defendant-petitioners were...... judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ......ted earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ..

Category: Civil Law | Date: | Hits: 147

State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)

....nce lawyer submits that notification as per provision of section 339B(1) of Code of Criminal Procedure published in Daily Ajker Kagoj News Paper is defective one as the police station case number had wrongly mentioned in the notification. We have perused the notification published in the newspaper a......beyond all reasonable doubt. The extra judicial and judicial confession of accused-Ashraf Ali is rightly found true and voluntarily by the trial Court and P.W.17 Md. Nazmul Haque, the Magistrate, who recorded the confessional statement of accused-Ashraf Ali under section 164 of the Code of Criminal ......he lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ..

Category: Criminal Law | Date: | Hits: 82

Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)

....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521....... him that they got gold bars but from where it was recovered he did not see. He also stated that accused Jashim, since acquitted, was brought by binding his eyes and no statement of any accuseds were recorded by the Magistrate. He denied the defence suggestion that no gold or Indian Rupee were recov......ed appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...

Category: Criminal Law | Date: | Hits: 75

Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)

..... and OP.W.s, it appears that pre-emptor having failed to prove the date of knowledge of the transfer by adducing cogent and reliable evidence and the trial Court as well as the Court of appeal below wrongly arrived at a finding that the application for pre-emption was not barred by limitation. Ther......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ......ecord be sent down at once. Ed. This Case is also Reported in:   ......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ..

Category: Property Law | Date: | Hits: 62

Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......ent No.7 and the matter was delayed in the Established and Audit Department. Respondent No.4 rejected the appeal holding that the date of birth of the petitioner was 08.04.1947 and the same should be recorded instead of 04.08.1952 in his Memo No. St/604/31 dated 24.06.2002. After about 30 years the ......ingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..

Category: Administrative Law | Date: | Hits: 196

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

....tion from Bhaberchar Wazir Ali H.E. School under the East Pakistan Higher Secondary Education Board, Dhaka in 1961. At the time of registration of his name in the school records his date of birth was wrongly recorded as 30.11.1942 instead of 30.11.1946, which was detected when he received his matric......m Bhaberchar Wazir Ali H.E. School under the East Pakistan Higher Secondary Education Board, Dhaka in 1961. At the time of registration of his name in the school records his date of birth was wrongly recorded as 30.11.1942 instead of 30.11.1946, which was detected when he received his matriculation ...... impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 58

Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corpora­tion and another, 1990, 19 CLC (HCD)

....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......n: 45 DLR (HCD) (1993) 509. ......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ..

Category: Property Law | Date: | Hits: 71

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ...... in her turn, transferred her right, title and interest in the suit land to Md. Putan. Although Md. Putan became the absolute owner of 14 drones of land, the names of his heirs and heiresses were not recorded in the R. S. Khatian owing to mistake. The R. S. record was prepared in the names of Ali Ho......sed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 116

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....ee that thou shoud'st not eat" ? And the same question was put to Eve also. If therefore, the Board acted judicially, although there are no words in the statute to that effect, it is plain they acted wrongly.” 136. There is some ambiguity in the dicta about legitimate expectation which may appa......ntry of arrival.” After enunciating the above quoted principle of law which is general in its applicability, their Lordships of the Supreme Court of Pakistan took into consideration the evidence recorded by the Magistrate at the time of trial of the respondents and further held: "The Migrati......solute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)

....aragraph 18 in the Fourth Schedule by the Constitution (Fifth Amendment) Act, 1979 (Act I of 1979) is void ab initio and is hereby expunged. 4. It is hereby declared that paragraphs 21 and 22 were wrongly accommodated in the Fourth Schedule along with those legislative measures taken during the t...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......l encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 222

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......Lieutenant Colonel (Retd) Zillur Rahman and after the death of AKM Bashir Ahmed, the petitioner Nos.3-8 and 17 inherited the remaining land. During the last survey operation the disputed property was recorded in the name of the Government but on appeal by AKM Bashir Ahmed and others, the settlement ......of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......e directed by the Land Administration Board/the Board of Revenue. 13. Rule 24(4) provides that when the land vests in or comes to the possession of the Government, it shall be recorded in the khas khatian. Thus, there is no gainsaying fact that the mutation of record-of-rights requires enquiry, p..

Category: Property Law | Date: | Hits: 68

Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)

....ed by the State represented absconding accused Sanwar Hossain at the time of hearing of the Death Reference. 11. Mrs. Salma Masud Chowdhury has submitted that the learned Additional Sessions Judge wrongly convicted accused Sanwar Hossain though there was no legal evidence against him and that the......jab Ali of No.4 Bandar Union Parishad reported to the police station about the beheaded body floating at Dayur Tank. On the basis of the said information, Bandar PS GD Entry No.160, dated 6.11.87 was recorded. After the recording of the said GD Entry, P.W.11 SI Khondker Zahidul Islam went to Dayur T......the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...

Category: Criminal Law | Date: | Hits: 91