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Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
..... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ...... transferee cannot get any right and title by the registered deed. Thus, he prayed for discharging the Rule. 9. I have heard the learned Advocates of both the sides, perused the impugned Judgment, papers and documents as available on the records. The plaintiff obtained bainanama from the original......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Emdadul Hoque J Nur Mohammad……………………Defendant-Appellant-Petitioners Vs. Serajul Islam and others………………………Plaintiff-Respondents Judgment February 9, 2012. Resul...... cannot get any right and title by the registered deed. Thus, he prayed for discharging the Rule. 9. I have heard the learned Advocates of both the sides, perused the impugned Judgment, papers and documents as available on the records. The plaintiff obtained bainanama from the original owner Anan..Category: Property Law | Date: | Hits: 134
....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......on
(Civil Revisional Jurisdiction)
Present:
Mohammad Abdur Rashid J
Md. Monowarul Hoque………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
Result:
Th......as barred by limitation and whether the plaintiffs got title and possession in the suit land were settled.
7. In support of their case, the plaintiffs examined four witnesses and adduced number of documents, which were marked exhibit 1 to 4, the defendants examined one Tahsilder and produced a sk..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....ght of section 491 and of the rights which were available to the citizens before 1950, but when they are considered also in the light of the fundamental rights guaranteed by the Constitution that the relevant plea can be raised. In other words, it is clear that the right of the detenu to challenge t......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......ted in: 55 DLR (HCD) (2003) 643. ......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ar Tribunal Ain (hereinafter referred to as the Ain) has been challenged, all these Rules were heard together and now be governed by this single judgment. 3. In these Rules facts are not very much relevant. The petitioners of these writ petitions are accused in some cases. Their cases were transf......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ...... Case is also Reported in: 55 DLR (HCD) (2003) 636. ......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ..Category: Criminal Law | Date: | Hits: 177
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......0) 1. ...... 10.11.96 in O.C suit No.197/94 and on producing of original kabala dated 10.5.68 in Court at the final hearing by defendant No.2 to be marked Ext. Learned Appellate Court clearly observed that those documents as pointed above must be produced at the Trial Court giving chance to the contesting parti..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......e, 1898 (V of 1898); section 561A In a case of jimma, it is to be looked into that whether the applicant is the owner of the seized goods. The concerned Court is to verify and scrutinize the title papers of his ownership as regards the seized goods. The applicant has to give undertaking to the ef......is Case is also Reported in: 18 BLT (HCD) (2010) 409. ......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
.... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ...... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ......ah……………………Petitioner Vs. Sree Shuvendu Sekhor……………………Opposite party Judgment March 2, 2010. Result: The leave is discharged. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings is pending. The pr......2010. Result: The leave is discharged. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings is pending. The pre-emptor sought to prove some documents which are necessary for the purpose determining the real question of controversy between t..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
....he order dated 5‑6‑91 passed by the Subordinate Judge, Narayanganj in Money Execution Case No.10 of 1988 rejecting an application under Order XXI rule 58 of the Code of Civil Procedure. 2. The relevant facts, for the disposal of this Rule, are that the opposite party No.1 as plaintiff filed M...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......s Case is also Reported in: 55 DLR (HCD) (2003) 635. ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
.... Islam in the act of forgery and deception. 6. Mr. Shafiqul Islam, an officer of the defendant No.1 bank, stating that he had authority to depose on behalf of the defendants, testified that at the relevant time he was stationed at the local remittance branch of the bank. He asserted that payments......ng to dispel the contention that the bank officials resorted to practicable degree of diligence and that the forgery was not detectable without the aid of scientific device. 30. Having perused the papers and the evidence and analysed the legal position as above, we are in no hesitancy to hold tha......s also Reported in: 55 DLR (HCD) (2003) 624. ......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
....ndia in Sundaram Finance Ltd. Vs. NEPC India Limited reported in (1999) 3 Comp LJ 205 (SC).
13. It is evident to this Court upon a perusal of the Applications, the Affidavits-in-Opposition and the relevant annexure and a consideration of the submissions of the learned Advocates for Reliant and BC...... Orders previÂously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
...... Uddin Ahmed, 520 West Sheorapara, Mirpur, Dhaka…………………………..Petitioner
Vs.
Bangladesh Chemical Industries Corporation, BCIC Bhaban, 30-31 Dilkusha C/A, P.S. Motijheel, Dhaka and another…………………………………Respondents
Judgment
October 19, 20, 2007.
......n applying these provisions of Section 7 (Ka) that there are indeed Arbitration Agreements in existence in each case and a dispute has potentially arisen in each such case that are, and as evident in documents produced before this Court, in the process of being referred to arbitrations(s). This Cour..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....pportunity the onus is not on the pre‑emptee but on the pre‑emptor to lead evidence that the left‑out co‑sharers have no subsisting interest in the disputed holding. The relevant paragraph of the Judgment is reproduced below: "11. Mr. Anil Chandra Sarker, learned Ad...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......eported in:49 DLR (HCD) (1997) 414. ...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ..Category: Property Law | Date: | Hits: 155
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....Sessions Trial Case No.20 of 1988 in the Court of Sessions Judge, Laxmipur and to submit a report to this Court personally within two weeks from the date of receipt of the order. 3. The short fact relevant for disposal of the Rule is that the detenu was arrested on 1‑6‑97 by Md. Afsar, ASI in...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......ion) Present: Mahfuzur Rahman J M M Ruhul Amin J Shahanewas……………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, and others…………………..Respondents Judgment November 20, 1997. Result: The Rul...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ..Category: Criminal Law | Date: | Hits: 88
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....for quashment of the order dated 19‑2‑97 passed by the learned Magistrate, 1st Class, Khagrachari Hill Tracts in CR Case No.296 of 1996 and the entire proceeding of the said case. 2. The facts relevant to dispose of the Rule, in short, are that, the present petitioner and four others filed a ......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......nal Procedure accused petitioner Abul Kashem Bhuiyan sought for quashment of the order dated 19‑2‑97 passed by the learned Magistrate, 1st Class, Khagrachari Hill Tracts in CR Case No.296 of 1996 and the entire proceeding of the said case. 2. The facts relevant to dispose of the Rule, in shor......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ..Category: Criminal Law | Date: | Hits: 89
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....that Government may also appoint Additional Sessions Judge and Assistant Sessions Judge (now Joint Sessions Judge) to exercise Jurisdiction in one or more such Courts. 14. We have gone through the relevant proviÂsion of law i.e. section 141(c) of the Negotiable Instruments Act, sections 7 and 9 ......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J SM Zakir Hossain J Mahmudur Rahman Nazlu……………………...Petitioner Vs. State and another………………………Opposite Party Judgment January 22, 2012. Result: ......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..Category: Procedural Law | Date: | Hits: 167
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....k. In cross-examination of the defence he stated that their house at Sewrapara is a six storied building, in their house there are 20 flats, the victim used to live in the level 3 of the flat, at the relevant time there were four sales men in their shop. Chandpur is 6/7 kiloÂmeters away from Mokter......akaria coming to their house requested them not to tell anything to the police prejudicial to Zakaria. Police seized the motorcycle of Zakaria from their house. Police also seized rope, polythene and papers from the broken and unused latrine at guava garden, Hafez Moyezuddin informed him that he fou......¦â€¦â€¦â€¦â€¦â€¦â€¦..Appellant Vs. Zakaria Kabiraj……………………………Respondent Judgement May 13, 2012. Result: The death sentence is rejected. The criminal appeal and the jail appeal are allowed in part. Cases Referred to- Anisur Rahman Vs. State, 6 BLD (AD......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
.... Court that summons upon them were not served. The other ground that Defendants-Petitioners-were prevented by any sufficient cause from appearing when the Suit was called on for hearing is not at all relevant in resolving legal controversy. 22. Article 164 of The Limitation Act enjoins that limit......also, of their possession on suit properties i.e. properties allotted to them through process of Court since the year 2000. 24. From statement contained in Civil Revision and Counter Affidavit and papers and documents annexed the following true-to-life matters pre-eminently emerged: i. Eightee......d by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......eir possession on suit properties i.e. properties allotted to them through process of Court since the year 2000. 24. From statement contained in Civil Revision and Counter Affidavit and papers and documents annexed the following true-to-life matters pre-eminently emerged: i. Eighteenth and Nin..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....ney General in fact appeared for the Respondent No.3 and adopted the submissions of the learned Advocate for the Respondent No.5 as well as those of the learned Additional Attorney General. 5. The relevant facts of the case will be revealed from the submissions made on behalf of the contesting pa......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......Abu Nayeem Mominur Rahman J Shahidul Islam J Md. Aftab Uddin…………………Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary and Chairman Superior Selection Board and others…………………Respondents Judgment Febr......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....ere was no evidence on record to hold that the petitioner terminated the services of the respondents for their trade union activities. He further submits that in view of the admitted fact that at the relevant time, the respondent-workers were not at all officers of the trade union and that therefore......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......(Special Original Jurisdiction) Present: Syed Mahmud Hossain J Farid Ahmed J BRAC Printers…………………Petitioner Vs. Chairman; First Labour Court and another…………………Respondents (In all the Writ Petitions) Judgment August 28, 20......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: | Hits: 138
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......vision (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shamsul Haque……………………………………Petitioner Vs. Court of Settlement and others………………………………..Respondents Judgment June 26, 1996. Result:......l here in Bangladesh as a citizen of Bangladesh and she entered into an agreement for sale with the petitioner. 12. We have heard the learned Advocates of the parties, perused the petition and the documents annexed to the petition and affidavit‑in-opposition. 13. It is found from the registe..Category: Property Law | Date: | Hits: 107
....t No.1. After verifying the papers and documents in support of the claim for mutation, and finding that the contentions of the petitioners are all true and correct, respondent No.1 recommended to the relevant authority to record immediate mutation of the petitioners' names and that report is dated 2......for mutation of their names in the record of rights of the Government. On the application of the petitioners the respondent No.1 by the letter dated 2‑8‑87 asked the petitioners to submit certain papers and documents as mentioned in the said letter in order to consider their application for muta...... also Reported in:49 DLR (HCD) (1997) 467.
......n of their names in the record of rights of the Government. On the application of the petitioners the respondent No.1 by the letter dated 2‑8‑87 asked the petitioners to submit certain papers and documents as mentioned in the said letter in order to consider their application for mutation. As pe..
Category: Property Law | Date: | Hits: 119
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