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Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......f the plaintiff was maintainable: that Ext-Ga and Ga(1), the disputed deeds proved that the original defendant No.1 purchased the suit property with full knowledge that Krishna Mohan Mondal was the recorded owner of the suit property and inspite of that he purchased the lands from Adhor Chand an...... Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ..Category: Property Law | Date: | Hits: 93
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
....fect as to the finding of limitation. He submits that the notice under section 11 having been sent through Dock Labourer of Chittagong Jetty No. 6 there was sufficient compliance and the Commissioner wrongly held that there being violation of this mandatory provision a claim cannot be allowed. Secti......e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......e is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ..Category: Labour and Industrial Law | Date: | Hits: 98
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ...... of the plaintiffs 2‑14 namely. Jabbar Ali Sheikh, Gagan Ali Sheikh, Hamid Ali Sheikh, Wahed Ali, Abdul Aziz Sheikh, Fajar Ali Sheikh, Sadaruddin Sheikh, Sirjan Ali Sheikh and Meser Ali Sheikh were recorded owners of the lands recorded in LIZ Khatian Nos. 370, 371 and 345 of Mouza Kapalbhera, PS G...... .............Respondents. Judgment January 28, 1990. Cases Referred to- Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 31 DLR (AD) 195; Makku Mia & others Vs. Ali Hossain Bhuiyan and others BCR 1984 (AD) 60; Afar Ali & others Vs. Salek Ali & others, BCR 1985 (......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..Category: Property Law | Date: | Hits: 77
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......Opposite Party. Criminal Revision No. 243 of 1986. Judgment Anwarul Hoque Choudhury J. - This Rule is directed against an order admitting into record, in a pending trial, certain statements, recorded as confessional statement of the accused persons. 2. The Rule was issued to show cause a...... is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ..Category: Criminal Law | Date: | Hits: 74
....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......e matter regarding the claim of the plaintiff be referred to the Arbitrator for arbitration. Although an issue was framed as to whether the suit was barred by limitation the learned Subordinate Judge recorded no finding on that issue.
5. Mr. AR Yusuf, the learned Advocate appearing on behalf of t......ere will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282....... of Salami granted receipt on 6‑3‑58. Said Abdur Rashid Bepari possessed and enjoyed the said land and paid rent to the Nowab Estate up to 1361 BS and during the settlement operation the land was recorded in the name of said Abdur Rashid Bepari at PRR stage. But it was omitted in the copy prepar......d earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......repared under section 46 of Estate Acquisition and Tenancy Act and as such objection raised in case No. 73 of 1964 and subsequently the land was recorded in the name of Abdur Rashid Bepari by opening khatian No. 38 who duly paid rent and got DCR. It is also the case of the plaintiff that the name of..
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......harged, in other words, if "Final ‑report" has been submitted, the Magistrate may, on rejecting the recommendation, adopt either of the two courses. If he finds from the statements of the witnesses recorded by [he police that there are materials which warrant prosecution of the accused, the Magist......P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...Category: Criminal Law | Date: | Hits: 66
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ...... that police produced the condemned prisoner for recording his confessional statement. He further said that he observed all the legal formalities, gave the condemned prisoner time to reflect and then recorded his confessional statement. He also said that he read over the statement to the condemned p......on 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....pellate jurisdiction in the territorial limits in which the offence is tried by the Special Judge and the same Court shall also have powers of revision." And in that view of the matter, the appeal wrongly filed by the appellant was treated as a revisional application under section 439 of the Code......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......ntly the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..Category: Criminal Law | Date: | Hits: 70
....specified and that therefore, the Labour Court arrived at an illegal decision. He also submits that although the witnesses were examined in presence Of the respondent No. 2 (worker), the Labour Court wrongly gave a finding that there is nothing in the inquiry proceeding record to prove that the pros......had called for the records of complaint Case No. 239 of 1985 and on receipt of the record we heard the application today (17.4.90). We have gone through the judgment of the Labour Court, the evidence recorded by the Labour Court by the domestic enquiry committee, enquiry report dated 24.7.85 of Mr. ......go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
..
Category: Employment/Service Law | Date: | Hits: 89
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... of the plaintiffs and accordingly they paid rent to the Govt. Acquired Estate but due to mistake at the time of the final publication of the SA Khatian only 0.30 decimals of land in plot No. 267 was wrongly recorded in the name of the plaintiffs in RS Khatian No. 125 and the remaining land was wron......plaintiffs and accordingly they paid rent to the Govt. Acquired Estate but due to mistake at the time of the final publication of the SA Khatian only 0.30 decimals of land in plot No. 267 was wrongly recorded in the name of the plaintiffs in RS Khatian No. 125 and the remaining land was wrongly reco......ple's Republic of Bangladesh……………………………….Opposite Party. Judgment April 10, 1990. Lawyers Involved: Gour Gopal Saha, Advocate ‑For the Petitioner. Mashuk Hossain Ahmed, Assistant Attorney General ‑For the State. Civil Revision No 397 of 1986. Judgment......aintiffs is forged and fabricated document; and Pear Ullah was not the owner of 0.30 decimals of land in plot No. 158 and as such by purchase from him Ahmed acquired no interest there and that the SA khatian has been correctly prepared and that the plaintiff has no title and possession in the suit l..Category: Property Law | Date: | Hits: 60
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....wed cross-examination yet not recorded as such in note (Ref, AIR 1940 Lahore 527) or might have taken a wrong view of the law in allowing or disallowing something or an inadmissible evidence had been wrongly admitted or might have submitted a report on local inspection against the accused (Ref, unre......t have cross‑examined witnesses at the time or might have stepped beyond the limit allowed under section 165 of the Evidence Act (Ref, AIR 1966 (Mysore) 231) or disallowed cross-examination yet not recorded as such in note (Ref, AIR 1940 Lahore 527) or might have taken a wrong view of the law in a......th the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......as placed before him for his signature keeping the injured under trial prisoner in the jail van and that is why custody warrant did not accompany with the injury report and the learned Magistrate has recorded the custody warrant without any injury report while Arun was sent to Central Jail Authority...... is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......tion accused appellant Nazrul and accused Kashem was arrested on 4.5.85. Both these two accused made confessional statement before the Upazila Magistrate, Kaliganj to Mr. AFM Abdus Sattar, P.W.5, who recorded the confessional statement. P.W.9 submitted charge sheet against the accused appellants und...... The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......andra Banik while possessing his Saham property, sold some portion of the property to others and thereafter during the RS operation the name of said Gobinda Banik son of Ram Kumar Banik was correctly recorded in RS Khatian being No.83 who thereafter paid rent and taxes in his own name. The aforesaid......tioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......ogant and regularly making trouble to the plaintiff Nos.1 and 2. Thereafter, the plaintiff Nos.1 and 2 mutated their names through Miscellaneous Case No.493 of 1979-80 and obtained separated mutation khatian No.77/4 in respect of suit Plot Nos.160 and 161 in their names along with other properties a..Category: Property Law | Date: | Hits: 75
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....companied by the Upazila Revenue Officer, Bhola, and held an enquiry from 18.2.86 to 20.2.86 and then submitted a biased report holding that these lands did not appertain to Char Sitaram and had been wrongly settled by the Khasmahal Authorities with the petitioner and others in the year, 1951. On th......as not bound by any order passed therein. He also contends that while he along with his co‑tenants was in possession in these plots, the Khasmahal Officer of Bhola tried to have these plots wrongly recorded within mouza Char Sitaram during the SA operations and as such, he instituted Title Suit No......without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ...... Ulania Joint Estate. But we find no evidence of any settlement from the ex‑landlords. The suit land was recorded as Government khas land. Khondker Mahbubuddin Ahmed contends that this entry in the khatian is wrong in that the suit land was found by the Settlement Officer and the Pleader Commissio..Category: Property Law | Date: | Hits: 63
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......ime for taking steps. Upon the said prayer the learned Munsif allowed time subject to payment of cost of Tk. 10.00 to the petitioners and fixed 30.12.72 for steps. That on 30.12.72 the learned Munsif recorded the following order "Pet. only files hajira. No further step taken by the parties. Hence......estored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..Category: Procedural Law | Date: | Hits: 83
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......f 1985 for declaration of title and recovery of khas possession on the averment that the suit plot along with other lands originally belonged to Budhu Majhi in rayati right and his name was correctly recorded in CS Khatian. Budhu Majhi sold the suit plot along with other lands to Haji Marart Ali Bep......mmad...........................Petitioner Vs. Motasim Ali Chowdhury...................... ....Opposite Party Judgment January 13, 1993. Cases Referred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...Category: Property Law | Date: | Hits: 79
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......e identified appellant in the dock. SI of Police Md. Abed Ali while examined as P.W.3 stated that he investigated into the case, prepared sketch map of the PO and index Exts. 4 and 5 respectively and recorded statements of the witnesses under section 161 CrPC. Thereafter he submitted charge sheet ......s dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......swer the call of nature, she was kidnapped by the accused-respondents, as such, a FIR was filed on 31-5-2010 with Char-fashion Police Station, Bhola, and Charfashion PS Case No.29 dated 31-5-2010 was recorded under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000. The case is now pending b......tion is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
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