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Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....r and the real culprits should be visited with exemplary punishment but to do so we have to consider and scrutinise more closely and carefully the evidence on record so that an innocent person is not wrongly found guilty and punished. The administration of criminal justice is based upon certain well......onal Sessions Judge ought to have drawn an adverse presumption against the prosecution case for non‑production of the material witnesses, particularly one Lal Chand and his wife, the Magistrate who recorded the alleged statements of some witnesses under Section 164 Cr.P.C. and also Dr. Sunil Kumar......them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
.... written statement. His case was that his father Idris Miah was the owner in possession of 32.50 acres of land on the east side of block 81/123 comprising 78.23 acres of land. But as the said land as wrongly recorded in the name of the Government in khas of Khatian No. 1 his father filed objection c......fs on 15.8.85 is void, illegal and not binding on the plaintiffs. The case of the plaintiffs‑opposite parties was that the land in suit measuring 78.23 acres in plot No. 123 of Mouza Char Wapda was recorded in a block during Diara Survey in the names of the different persons on the basis of their ......Vs. Hiru and others, 1936 Lah 138; Salyendra Kishore Roy Vs. Ramendra Kishore Roy, 7 BCR 227 (AD); Hazi Nurul Islam Vs. Serajul Islam and others, 4 BCR 1984 (AD) 401. Lawyers Involved: Ruhul Amin‑II with Golam Mohiuddin, Advocates ‑For the Petitioner. Ruhul Amin, Advocate ‑ For the O...... was recorded in a block during Diara Survey in the names of the different persons on the basis of their title and possession. The land of plot No. 123 is a reformed land and subsequently recorded in khatian No. 1 as khas land of the Government. The Government settled the said land measuring 78.23 t..Category: Property Law | Date: | Hits: 72
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....n of the same and the Court may be satisfied with the same. In the instant case the trial Court possibly without noticing the above provision of law and the description of the suit land by boundaries wrongly held that the subject matter of the suit was not identifiable. The lower Appellate Court how......ment operation, Tahsildar of the Government acquired Estate demanded illegal gratification from the plaintiff but he failed to meet such demand, as a result the employees of the settlement department recorded the entire suit land except 24 decimals (25 cents) in favour of defendant No. 1 and then in..............................Appellant Vs. Dewan Obaidur Reza Chowdhury and Others.................Respondents. Judgment November 29, 1990. Cases Referred to- Md. Ibrahim Vs. Md. Alauddin, 27 DLR 413; Abdul Mannan and others Vs. Halima Khatun and others, 27 DLR 465; Gappulal Vs. Thaku...... other hand filed Ext. A, a certified copy of the choice list and the list of excess khas land of the ex‑landlord defendant No. 1 Dewan Obaidur Reza Chowdhury and Ext. B, is a certified copy of the khatian No. 49 of Paschim Haripur; Ext. C and C(1) are Certified copies of Objection petition and th..Category: Property Law | Date: | Hits: 101
....the register in relation thereto.
(2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply......ith Sattar Match Works.
With the above direction and observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
......d observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
......ith Sattar Match Works.
With the above direction and observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
..
Category: Intellectual Property Law | Date: | Hits: 264
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......ment pronounced by the Courts below it appears that the Election Tribunal rejected the evidence of the PWs as, in his opinion, there were contradictions in the deposition of some of the witnesses and recorded a finding that the present Opposite Party No. 1 (the election petitioner) failed to prove t......sh Roy Chowdhury J Abul Kashem.....................Petitioner Vs. Mafiz Mia and others...........Opposite Parties. Judgment April 4, 1991. Lawyers Involved: Khandaker Mahabubuddin Ahmed with Md. Faruque and Mirza Hossain Haider, Advocates For the Petitioner. Abdul Baset Maj......mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......udge committed no illegality in setting aside the order of discharge passed by the learned Magistrate with a direction to the Magistrate to send the case record to his Court along with the statements recorded by the police and after taking evidence of the witnesses named in the FIR and accordingly w......sult, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519...Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....h the requirement of Order 38, rule 5 of the Code of Civil Procedure and further submission of the learned Deputy Advocate General, was that the principles in the decision reported in 28 DLR 231 were wrongly applied to the present case by the learned Subordinate Judge. 4. Mr. Hafizullah, the lear......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......te Division Judgement, here. Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: KM Subban J ATM Afzal J Bangladesh………….Appellant Vs. Unimarine SA Panama and other………Respondents Judgment June 16, 1977. Case Referred to- ......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......hould be maintained. 10. First we propose to deal with the admissibility of the confessional Statement said to have been made by the condemned prisoner. W. Moslemuddin (PW 18) Magistrate 1st Class recorded the confessional statement of the condemned prisoner and it has been marked Ext. 13 and Mag......ia alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......uous owner by purchase. The opposite‑party Nos. 1‑3 resisted the case on the ground that it was not maintainable under section 96 of the State Acquisition and Tenancy Act as the land was Bhiti as recorded in both CS and SA khatians. The trial Court allowed pre‑emption case. Against that judgme.....................Opposite Parties. Judgment February 5, 1991. Cases Referred to- Dulichand Mehesriand and others Vs. Prohlad Chandra and others, 1945 Cal 50; M/s Lutfun Nahar Vs. Syeeda Hasinal Ara Begum and another, 21 DLR 633; Akbar Ali and others Vs. Zahiruddin Kari and others, 30 DLR ...... opposite‑party Nos. 1‑3 resisted the case on the ground that it was not maintainable under section 96 of the State Acquisition and Tenancy Act as the land was Bhiti as recorded in both CS and SA khatians. The trial Court allowed pre‑emption case. Against that judgment and order the opposite p..Category: Property Law | Date: | Hits: 95
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....ation therefor. 3. The learned trial Court by its order dated January 30, 1982 rejected the application holding that the valuation has been accepted provisionally, Against that order the defendant wrongly took an appeal to the Court of District Judge which subsequently changed into revisional app......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ........................................Petitioner Vs. Haji Mazahar Ahmed and others...............Opposite Parties. Judgment July 25, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandra and another, 1988 AD 60. Lawyers......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....e defendant Nos. 12‑15 are being possessed by themselves. But as the ejmali possession of the suit‑land has been fraught with inconvenience and as the share of the defendant Nos. 5 and 6 has been wrongly and collusively recorded in their names, the plaintiff has been constrained to institute the...... are being possessed by themselves. But as the ejmali possession of the suit‑land has been fraught with inconvenience and as the share of the defendant Nos. 5 and 6 has been wrongly and collusively recorded in their names, the plaintiff has been constrained to institute the present suit for declar......t down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492....... defendant Nos. 2‑4 already purchased the shares of defendant Nos. 5 and 6 vide deed Ext. A and that the plaintiff has had no possession in the suit property, hence her name was not recorded in the khatians. It was further contended that in view of all these facts, the suit was liable to be dismis..Category: Property Law | Date: | Hits: 71
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......iew that the learned Subordinate Judge, before fixing the suit for ex parte hearing, must satisfy itself that the notices were duly served upon the substituted heirs but no such satisfaction has been recorded in the order dated 30.9.86. Moreover, records did not show that notices were issued both th......ision (Civil Revisional Jurisdiction) Present: Md. Mozammel Hoque J Habibur Rahman Khan J Gulshan Ara Begum alias Jhanara and others................Petitioners Vs. Moazzem Hossain Chowdhury and others ..................Opposite Parties. Judgment February 19, 1990. Cas......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ..Category: Procedural Law | Date: | Hits: 68
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ...... to 1‑00 PM by making entries in the cash receipt register Ext. 3(2) and made over cash and the register to the appellant before going for lunch. P.W.14 Md. Golam Mostafa, Upazila Magistrate, Bogra recorded confessional statement Ext. 23 of the appellant on 31.3.86. P.W.15 Abdur Rahim is another j......and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ..Category: Criminal Law | Date: | Hits: 91
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......eza Chowdhury J.- This Rule Nisi under Article 102 of the Constitution was issued calling upon the respondents to show cause as to why the forcible eviction of the petitioners from 0.29 acres of land recorded in SA Khatian Nos. 1913, 1992, 1924, 1952, 1991 and 1912 corresponding to new RS Khatian ......petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ..Category: Property Law | Date: | Hits: 138
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....ore it whether to interfere with an inferior court on a point of law. If it chooses to interfere, it can formulate its decision in the words: 'The court below had no jurisdiction to decide this point wrongly as it did'. If it does not choose to interfere it can say: "The court had jurisdiction to de......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ...... High Court Division (Civil Miscellaneous Jurisdiction) Present: ARM Amirul lslam Chowdhury J Md. Sirajul Islam J Bangladesh……………………Appellant Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others....................Respondent Judgment October 29......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ..Category: Property Law | Date: | Hits: 76
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....ven by implication. This is neither possible nor desirable. 10. We, therefore, find that in the instant case on the day the nomination paper was submitted and a certificate signed by the candidate wrongly and incorrectly, when admittedly the respondent No.4 owes to the House Building Finance Corp......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..Category: Election Law | Date: | Hits: 126
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......gal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ..Category: Trust/Waqf Law | Date: | Hits: 183
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....peal arising out of a case under the Penal Code an application has been filed on behalf of the convict with a prayer for admitting le appeal asserting that the appeal is well within time and has been wrongly reported as time barred. 3. Mr. Marfat Ali, the learned Advocate appearing for the petiti......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....t this was an administrative approval pursuant to the approval of the Scheme by the Prime Minister on 25.11.91 and not any decision for acquisition of land under section 5(1) of the said Ordinance as wrongly mentioned in the said letter. Therefore, we find no merit in the submission on behalf of the......ed 9.5.90 was approved on 2.11.91 by CLAC. It appears from letter dated 21.11.91 sent by the respondent No.3 to the respondent No.2 that decision in the CLAC meeting held on 2.11.91 was not correctly recorded and in place of 4.67 acres of private land it will be 4.66 acres and total land will be 6.3......es are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..Category: Property Law | Date: | Hits: 79
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
.... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......f Jalma Union Parishad and she saw the projects to have been done in University area. 20. P.W.16 Md. Abdur Rab Khan, one of the Investigating Officers who submitted charge sheet stated that he had recorded statement of the witnesses under section 161 of the Code of Criminal Procedure, seized docu...... in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 97
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