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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....e comments made by Justice Naimuddin Ahmed are within the above mentioned parameters of reasonableness and thus the utterance of those comments do not amount to contempt of Court. 170. From the statements of facts submitted by Justice Naimuddin Ahmed it appears that he made extempore speech at......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..

Category: Criminal Law | Date: | Hits: 130

Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)

....al, without any lawful authority and not binding on him. The suit was contested by opposite parties Nos.3 and 4 and Nos. 5 to 7 who were defendants No.1 to 5 in the suit by filing two sets of written statements. The suit was dismissed on contest by the learned Munsif by his judgment and decree dated......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5...

Category: Procedural Law | Date: | Hits: 66

Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

....anaging Director of plaintiff No.1 company and proprietor of plaintiffs Nos.2-3 farms and the constituted attorney of ATM Mushaffar and filed series of documents such as (letter’s legal notices and statements of accounts with original records) marked (Exhibit 1 to 33) (a). 11. So on defendant a......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368...

Category: Fiscal/Taxation Law | Date: | Hits: 91

Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)

....ted 11.02.2008 under Section 9(4) (kha) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 against the convict-petitioner. 3. It was slated that on 12.02.2008 the convict-petitioner made a confessional statements under Section 164 of the Code of Criminal Procedure at the instance of the police and fat......r arrived at a cor­rect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626...

Category: Criminal Law | Date: | Hits: 56

Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)

....ired otherwise. 4. The defendant Nos. 12-15 who are peti­tioners Nos. 6-9 and the defendants No.16 and 17 who are petitioners No.10 and 11 also contested the suit and filed two sepa­rate written statements supporting the case of the defendant No.4. 5. The learned Assistant Judge on appreci­......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605...

Category: Property Law | Date: | Hits: 27

Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)

....ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......submitted that documents fled by the plaintiffs under Firisti are evidence that the suit is the land belonged to K.D.D.B. and defendants as well admitted that K.D.D.B. Authority col­lected tolls and rents from the plaintiffs against their shops and the trial Judge as Court of first instance and the..

Category: Property Law | Date: | Hits: 31

Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)

.... Custodian, Vested and Non-resi­dent Property, Khulna, while the defen­dant No.7 was the government of Bangladesh represented by the Deputy Commissioner, Khulna. The said defen­dants filed written statements separately but the defendant No.6 ultimately did not contest the suit. The Deputy Commiss...... is condoned. Preparation of the paper book is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional ground. Ed. This Case is also Reported in: VII ADC (2010) 587...

Category: Limitation Law | Date: | Hits: 149

Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)

....haya. In such circumstances, Abdul Malek instituted the aforesaid suit. 3. Md. Yunus All, the predecessor of the respondent Nos.5-9 and respondent Nis.10 to 13 contested the suit by filing written statements alleging, inter alia, that the case land originally belonged to Kali Kanta Mukhopadhaya a......gment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ..

Category: Property Law | Date: | Hits: 28

Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)

....artners and the business of the petitioner collapsed. The respondent No.2 Bank instituted the aforesaid title suit for recovery of money. The defendant petitioner contested the suit by filing written statements. Thereafter the suit was decreed on contest in the preliminary from on 22.03.1989 vide ju...... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548...

Category: Civil Law | Date: | Hits: 73

Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)

..... 2 and 3 were added as the defendants in the suit, vide Order No.30 dated 29.04.2002. The defendant Nos.1 to 3 and the added defendant Nos.4 to13 contested the suit by filing 2 (two) sets of written statements. 3. The Trial Court, after hearing, decreed the suit. 4. On appeals filed by the de......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...

Category: Property Law | Date: | Hits: 21

Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)

....hat the confession of the accused-appellant was not voluntary. The learned Magistrate PW 8 denied the defence suggestion that he did not comply with the legal formalities at the time of recording the statements of the accused- appellant. 17. PW 9 Mostafa Hasan stated that he perused the case ......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ..

Category: Criminal Law | Date: | Hits: 38

Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)

....tract. This argument of the learned Advocate for the petitioner is also further fortified by the fact that none of defendants raised the plea of limitation or inordinate delay either in their written statements or in the memo of appeal or even in their depositions. In reply the learned Advocate on b...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262...

Category: Civil Law | Date: | Hits: 94

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....ain as the Nikah Registrar in view of the curtailment which has been done in accordance with law. 42. The respondent No.4 also contesting the Rule denied the assertion of rule application adopting statements made by the respondent No.1 stating, inter alia, that the Government has the authority/co......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...

Category: Constitutional Law | Date: | Hits: 109

Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)

....m P.W.5 at the relevant time was the Officer-in-Charge of Malendah Police Station and recorded the FIR on the oral statement of the informant (P.W.1) P.W.7 was the Upazila Magistrate who recorded the statements of P.W.'s 2 and 6 and another witness under section 164 of the Code of Criminal Procedure......e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ..

Category: Criminal Law | Date: | Hits: 57

Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)

.... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513....... Mazumder Ali. While Mazumder Ali was in possession of the suit land, he died leaving these defendants as his heirs to inherit and these defendants since then as heirs enjoyed the suit land by paying rents and taxes to the Government. The suit is not maintainable as it does not included "" the entir..

Category: Property Law | Date: | Hits: 28

Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....were compelled to come up for partition with declaration of title in the "Kha" schedule land. 4. Defendant Nos.1-11 contested the suit by filing written statement, contending, inter alia, that the statements of the plaint are false and concocted and barred by principles of res judicata. The suit ......a Solenama filed in Rent Suit No. 1759 of 1932 brought by Tanti Bewa. They were the legal heirs of Nakul and they became owners of the "Kha" Schedule land and were in possession thereof on payment of rents. The prede­cessor of the plaintiff filed a suit for parti­tion before the learned Subordinat..

Category: Procedural Law | Date: | Hits: 95

Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)

....llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484....... S.A. Khatian No.4770, relating to S.A. Plot No.9041 of Mouja Shahar, Dhaka and R.S. Khatian No. 1281 relating to R.S. Plot No. 13147 are correctly prepared and finally published in his name. He paid rents to the Government authority and received receipts for the same. His name is also recorded in t..

Category: Property Law | Date: | Hits: 24

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

....by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478.......ntainable in it's present form and man­ner and the same is barred by limitation and the suit land originally belonged to C.S. recorded tenants, Kashinath and oth­ers and thereafter due to arrear of rents the suit land including other undisputed land was sold in auction and the Government purchased..

Category: Property Law | Date: | Hits: 27

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....ed fact of dispossession as narrated in the plaint. The plaintiff has also been able to prove his title to the suit land by adducing reli­able oral and documentary evidence. It also appears that the statements of the defendants are contradictory and as such, not acceptable in the eye of law. In ......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467...

Category: Property Law | Date: | Hits: 91

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......he record that this property was purchased by one Abdur Rahman in the year 1962 and since then he had been living there with his family members by mutating his name in the record of rights and paying rents of the house to the authorities. But during the war of liberation Abdur Rahman was absent in t..

Category: Property Law | Date: | Hits: 24