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State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....n Jail Appeal No. 912 of 2006) (In Jail Appeal No. 913 of 2006) (In Jail Appeal No. 914 of 2006) (In Jail Appeal No. 915 of 2006) (In Jail Appeal No. 916 of 2006) (In Jail Appeal No. 530 of 2006) Khandaker Mahbub Hossain with Sheikh Mohammad Ali, Mashfiqul Haque Khan and M. Masud Rana- For the co......rial particulars as made in the F.I.R. It reveals from the statement of P.W.1 that a strained relation of accused Siraj and his two sons Sohel Rana and Rajib crept up with the deceased Akhter Hossain over giving a loan of Tk.1.5 lacs to accused Sohel by deceased Akhter Hossain for mobile phone busin......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....urt of appeal below committed gross illegality in sending back the case on remand to the trial Court. 11. Mr. Md. Osman Ghani, the learned Advocate appearing for the opposite parties on the other hand, supports the impugned order of remand which was according to him just, correct and proper. He ......acts of the case, briefly, are that opposite party Nos.1-17 as plaintiffs instituted a suit being Title Suit No.73 of 2002 in the Court of Assistant Judge, Raipur, Lakshmipur for declaration of title over the suit land under “Ga” schedule to the plaint of the suit and the order for changing the ......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 113
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....orney-General could not show any case under sections 406/409 of the Penal Code pending for investigation against the petitioner before the Bureau of Anti-Corruption at the relevant time. On the other hand, there is specific averment in the writ petition that cases filed against the petitioner or her......r or her husband ended in charge-sheet and those are not pending for trial before the trial Court. We have already pointed out that no affidavit-in-opposition has been filed by the respondent to controvert the statements made in the writ petition. 10. From our above discussion we are of the view ......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....ng is an abuse of the process of the Court and law and the same is liable to be quashed for ends of justice. 9. Mrs. Sakila Rowshan, the learned Deputy Attorney General for the State, on the other hand, submits that the contention of the petitioner is subject to proof and that the complainant c......2-4-2007 which was received on the same day. It is not alleged by the accused petitioner that he did not receive notices in due time rather the accused petitioner admits about receipt of notices. Moreover the case of the complainant is that the legal notice under section 138(1)(b) of the Negotiabl...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ounts in respect of expenses and income of the petitioner and complied with the statutory obligations and there is no concealment of income and no income has escaped from the assessment. On the other hand, sub-section 3 of section 82BB is a special provision for tax treatment which is a extraordinar......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..Category: Fiscal/Taxation Law | Date: | Hits: 167
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....took loan from Bangladesh Krishi Bank and was also paying rent and taxes regularly but thereafter he was dispossessed from the suit land by the defendants illegally. 9. The defendants on the other hand claimed that the plaintiff never possessed the suit land and the sons of defendants No.1, being......Title Suit No.16 of 2003 should not beset aside and or such other or further order or orderspassed as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted a suit for recovery of possession under section 9 of the Specific Relief Act in the Court of Senior Assistant Judg......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ..Category: Property Law | Date: | Hits: 121
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... the cognizance order and submits that in the face of the record the proceeding is an abuse of the process of the Court and law and preposterous in nature and liable to be quashed. 6. On the other hand, Mr. Md. Khurshid Alam Khan, learned Advocate appearing for the Anti-Corruption Commission subm......Judge, Dhaka should notbe quashed and/or pass such other or further order ororders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the rule, in short, are that the Government through the Bureau of Anti-Corruption lodged a first information report in Motijheel Polic......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..Category: Criminal Law | Date: | Hits: 137
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....ontended that since the final decree is illegal the impugned execution case started on the basis of this illegal final decree also is illegal and, as such, it cannot be maintained. 6. On the other hand, Mr. Md. Mozibur Rahman Miah, the learned Advocate for the respondent No.3 and 11 has made subm......Article 181 of the Limitation Act. 11. We like to refer here a decision reported in AIR 1984 at page 209 cited by the learned Advocate for the writ petitioner. In that case a suit was filed for recovery of certain sum on the basis of mortgage of land. A preliminary decree was passed for sale of m......n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
.... Court High Court Division (Civil Revisional Jurisdiction) Present: Mamnoon Rahman J Abu Bakkar Siddique (Md.) and others………………………Petitioner Vs. Md. Abdur Rab Khandaker & others………………………Opposite Parties Judgment March 14, 2010. ......or pre-emption and filed the instant suit for specific performance of contract in order to deprive the petitioners their right; that the petitioner planted some trees and constructed some Kutcha huts over the suit land; that the petitioner filed additional written statement dated 17-10-1993 which wa......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..Category: Property Law | Date: | Hits: 90
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....s, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III page 187 para 402 and para 408 page 191; Abrar Hossain Vs. Govt. of Pakistan and another, PLD 1976 (SC) 315; Union of India Vs. Sankalchand Nimatal Shoth and another, AIR 1977 (SC) 2328; SP Gupta and others Vs. President of India and o...... the Supreme Court after having held the office of he Chief Election Commissioner the authority of the Respondent No.1 for holding the office of the Judge of the Appellate Division has triggered controversy and has been challenged by way of writ in the nature of quo‑warrnto. 8. Mr. Amir-ul lsla......tution which provides “no person appointed to or acting in any office to which this Article applies shall hold any office, post or position of profit or emolument or take any part whatsoever in the management or conduct of any company, association or body having profit or gain as its object.” ..Category: Constitutional Law | Date: | Hits: 353
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....…………………….Petitioners Vs. State……………………..Opposite Party Judgment July 25, 1995. Result: The Rule is discharged. Cases Referred to- Abdul Wadud Khandaker Vs. State, 16 DLR 255; Abdur Rashid Vs. State, 43 DLR 279; Qazi Fazlullah Vs. State, PLD 19......ing the same tied up with RCC pillars. The Inquiry Officer then arrested accused Abul Kashem and Chiranjib Roy and they confessed their guilt and on the basis of their confession the dead body was recovered at their showing in presence of witnesses. Thereafter the said SI Abdul Jalil lodged the Firs......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....sh Human Rights Commission, seeks from us issuance of a Rule on the Government of the People’s Republic of Bangladesh and other Government functionaries viz, the respondents to show cause as to why handing over of Anup Chetia alias Golap Barua to Indian Government should not be stayed. 2. This ......HCD) (1998) 318. ...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ..Category: Constitutional Law | Date: | Hits: 421
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....4 DLR (AD) 222; Monoranjan Mukharjee Vs. Election Commission, 41 DLR 484; Secretary of State Vs. Mask & Co., 44 CWN (PC) 709; Anismic Ltd. Vs. Foreign Compensation Commission, (1969)(I) AER 208; Khandkar Ehteshamuddin Iqbal Vs. Bangladesh, 33 DLR (AD) 154; Khondaker Moshtaque Ahmed Vs. Banglades......(All.) 684; P. Jinardhana Shetty Vs. Union of India, AIR 1970 (Mysore) 171; Tikarao Vs. Hiralal, AIR 1940 (Pat.), 385 (FB); Blyth Vs. Blyth and Pngh, 1965 (2) AER, 817; 11 DLR (SC)1; Asma Jilani Vs. Government of Punjab. PLD 1972 (SC) 139; Khondker Ehtesham Uddin Ahmed Iqbal Vs. Bangladesh, 33 DLR (......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..Category: Criminal Law | Date: | Hits: 202
....miyan Rahim and others, reported in 1998 BLD (AD) 13 and the case of Hasina Khatoon and another Vs. Md. Shamsur Rahman and others, reported in 1997 BLD 177 in support of his contentions. On the other hand, Mr. Syed Ishtiaq Ahmed, the learned Counsel for the opposite parties, has placed before us the......9, renumbered as Money Suit No.31 of 1990, before the Subordinate Judge and 2nd Court of Artha Rin Adalat Chittagong against the present petitioner and Pubali Bank Limited praying for a decree for recovery of Taka 6,36,00,583,86 from the defendant-petitioner along with other reliefs. This suit was f......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417...
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....uit for declaration that the defendant is his benamder in respect of the land as described in the schedule of the plaint. They are full brothers. The plaintiff joined in service in 1956. On the other hand, the defendant joined in 1972. Their father served in a Sub-Registrar’s office. He had two wi......eds. At the time of purchase of those lands, the defendant was unemployed. He was a simple name lender of the plaintiff. The plaintiff mutated his name in the khatian and has been paying rent to the Government. Recently, the defendant claimed title in the suit land and, as such, the plaintiff filed ......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ..Category: Property Law | Date: | Hits: 103
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....r joint at the same side measuring 6” x 2” x 1½; x 7” x 2½" x 2½ "; 8” x 2½" x 4", 5) Three incised wounds measuring 1"x ¼” x 1/8”, 1½” x ½” x 1/8" on the dorsun of the left hand; 6) One incised wound measuring 2½” x ½” x ½” on the left of the left wrist; 7) ......nd of P.W.13 at a distance of about 150/200 yards from the house of the victim and the prosecution case is that a good number of persons came to the land of P.W. 13 to see the dead body after its discovery in the morning on 16‑11‑90 and that these persons found the wife, son and daughter of the ......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..Category: Criminal Law | Date: | Hits: 85
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
.... others………………………Appellants Vs. State……………………Respondent Judgment February 22, 2011. Result: Both the appeals are allowed. Lawyers Involved: Khandaker Gulzar Hossain with Md. Haroon-or-Rashid with Md. Nazrul Islam, Advocates - For the Appella......given to the accused-appellant who after receiving the same transferred it to the accused No.3 and then the informant along with his force entered into that office and after searching their body recovered those notes from the pocket of accused No.3 and made the seizure list and for which the accus......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294...Category: Criminal Law | Date: | Hits: 142
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
....ective suits did not contest the suit the court below rightly decreed the same ex parte. 4. At the time of hearing of the cases each of the defendant-petitioners examined 3 witnesses, on the other hand, the plaintiff-opposite parties examined 2 witnesses including the process server. The court be......vidence on record, both oral and documentary, disbelieved the testimony of the process server and came to the definite finding that the report of the process server could not be believed as there was overwriting on the service of, and that although the suit was filed on 13‑11‑1991, yet the proce...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ..Category: Procedural Law | Date: | Hits: 100
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
.... Informant Saidul Islam recognised with the light of his torch Rasmat @ Bhola of village Narayanpur and Mokbul Hossain and Atikul Islam. They demanded money but on refusal Rasmat Ali gave dao blow on hand of Saidul and Mokbul Hossain also hit on the hand and Atiqul took away Taka 6000 from the pocke......ked at the trial due to non-examination of investigation officer or any police officer in such regard. He refers to Exhibit 2 and evidence of P.W.2 doctor and contends that manner of occurrence as to overt act of accused-appellants causing injuries to victim Azizul Islam, evidence of P.W.1 and other......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ..Category: Criminal Law | Date: | Hits: 103
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....punishable under section 420 of the said Code; but from legalistic point of view, the proceedings of the case pending in the Court below are an abuse of the process of the Court. 5. On the other hand, Mr. Sirajuddin Ahmed, learned Advocate appearing on behalf of the complainant-opposite-party......tiate a criminal proceeding against them under section 420 of the Penal Code, if he is so advised. Besides, the door of the Civil Court is always open to the complainant-opposite-party No.2 to recover the loan amount of Tk. 30 lakh by filing a money suit against the party concerned. 12. From ...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279...Category: Criminal Law | Date: | Hits: 120
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