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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......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......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......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. ......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......t of Bangladesh but there is no such definition available in the Constitution so as to include the office of the Judge of the Supreme Court in the service of the republic. 20. It is significant to note that in the Articles 94‑99 the terms and conditions, qualification and tenure of the office o..

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......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 ......nocide; (b) Conspiracy to commit genocide; (c) Direct and public incitement to commit genocide; (d) Attempt to commit genocide; (e) Complicity in genocide.” 8. Relying upon the above noted observation in the cases cited by him and the passages and Article of the Convention he submit..

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......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

Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)

....ses Referred to- AFM Shah Alam Vs. Mujibul Huq, 41 DLR (AD) 68; Rafiqul Alam Vs. Mustafa Kamal, 42 DLR (AD) 137; Ponnu Swam'si Case AIR 1952 SC 64 and Monindar Sing's case AIR 1978 SC 851; Ram Chandra Vs. Government of west Pakistan, AIR 1964 Cal 265, 272; Webb Vs. Minister of Housing and Loc......ince the Electoral Roll was very much available, the voter numbers of the proposer and petitioner/candidate as shown in the nomination forms ought to have been corrected. In this regard we may take note of the circular No. নিকশ/স্বাঃ নিঃ-১/ইঃ পঃ/১(১)/২০..

Category: Election Law | Date: | Hits: 211

International Finance Investment and Commerce Bank Ltd. Vs. Chittagong Steel Mills Limited and another, 2002, 31 CLC (HCD)

....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......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......"Benami” is a Persian compound word consisting of (i) 'Be' which means 'without' and (ii) 'Nam', which means 'name'. It literally means without name, that is nameless or fictitious and is used to denote a transaction which is really done by a person without using his own name. That is, not in the ..

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) ...... threshing of paddy in the morning of 16‑11‑90, stated that the wife of the deceased told them that her husband had not returned from house of Mondir Dhali in the night of 15‑11‑90. It may be noted that according to P.W.1 among the witnesses who came to the land of P.W.13 to see the dead bod..

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......eafter the Director of Durnity Daman Commission, Barisal took necessary step for arrang­ing a trap case after taking necessary permission and it was also stated that the informant on 6-7-2008 placed notes of Taka 500 in presence of Mr. AZM Rezaul Karim, Sub-Divisional Engineer, Water Development Bo..

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...... 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......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...... 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

AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ...... after complying with all formalities and he has drawn our attention to an order sheet of the Government wherein the proposal for the retirement of 6 persons including the petitioner was initiated by note No.182 dated 9-10-2006 for retiring them under section 9(2) of the Act and, as such, claims tha..

Category: Employment/Service Law | Date: | Hits: 157

Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)

....ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272...

Category: Fiscal/Taxation Law | Date: | Hits: 196

Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)

....ition of abandoned property within the meaning of President Order No. 16 of 1972. 11. Mr. Fakrul Islam, the learned Assistant Attorney‑General appearing for the respondent No. 2, of the other hand, submits that as the property in question had been listed as abandoned property and was publish......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288...

Category: Property Law | Date: | Hits: 90

State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)

....ame on a motor cycle from southern direction. On the way Mosharraf Hossain was dropped. The motor cycle came in front of the Union Parishad office where Abul Khair got down from it with a revolver in hand. He then proceeded towards the Union Parishad office. Mainuddin remained near about the motor c......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..

Category: Criminal Law | Date: | Hits: 116