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Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......ent July 22, 1990. Cases Referred to- H K Saya & Co. Vs. Wazir Ali Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50; Sm. K. Ponnalagu Ammal Vs. The State of Madras, 1953 Mad. 485; Province of Bombay Vs. WI Automobile Association, 1949 Bom. 141. Lawyers Involved: Mustafa Niaz M......ion Suit No. 87 of 1969 against Priya Bandhu Bhattacherjee, Nirmal Chandra Bhattacherjee, Haripada Parial and Nirode Baran. His case was that the disputed land measuring 1.51 acres appertaining to RS khatian No. 966 and 4072 of Mouza Paschim, Guzara under PS Raozan, District Chittagong originally be..Category: Property Law | Date: | Hits: 69
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ...................Petitioner Vs. Brajalal Nath & others..........................Opposite Party. Judgment June 1, 1989. Lawyers Involved: Mihir Kanti Majumder, Advocate, for Shahabuddin Ahmad, Advocate ‑ For the Petitioner. Not represented ‑ the Opposite Party. Civil Revis......, the defendant No. 1 as DW 1. The plaintiff proved the bainapatra, exhibit‑2, and the kabala what she had obtained from the defendant No. 2 in pursuance of the compromise in the suit. The relevant khatian is exhibit‑3 and the solenama between the plaintiff and the defendant No. 2 is exhibit‑4..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......with her co‑sharers executed a declaration in the year 1966 before a Notary Public in Karachi. Accordingly, the petitioner is alleged to have acquired 12 annas share and her 12 annas share was duly recorded in the SA record of right. Thereafter, she and her co‑sharers constructed a commercial bu......o the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ...... of 2006 filed by the defendant No.1 New Sagurnal Teal Co. represented by its Chairman is shown to have been in Dhaka and that the evidence of P.W. 1 in Money Suit No.2 of 2005 has some time ago been recorded by the Court of Joint District Judge, 1st Court, Moulvibazar for doing effective and comple...... This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......previous night at about 2.00 o'clock and abducted his mother Sanwara Begum and step-sister Sadia Khatun, aged about 10(ten) years. Since Sohel spoke incoherently at the Police Station, a GD Entry was recorded and pursuant to that GD entry the P.W.4 Md. Shawkat Alam Sub-Inspector of Police along with......d order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ..Category: Criminal Law | Date: | Hits: 84
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......re the institution of the suit that the defendant No. 1filed Title Suit No. 449 of 1961 for part of the above mentioned land claiming that he had taken settlement of the land from one of the original recorded tenants Sudhendu Nath Roy Chowdhury in 1960 B.S. and by fraudulent suppression of the summo......91) 123. ......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....ounts to understatement of value of property calculated to mislead the bidder or the sale at a serious under value or where the contrary to the value of property given in sale proclamation, the court wrongly mention higher value are grounds on which a sale may be vitiated by gross irregularities. Pu......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....7.5.81 and that subsequently the Embassy of Afghanistan at Dhaka on 10.3.82 extended the validity of the passport till 10.3.85. It is, thus, obvious that the Court of Settlement took this date though wrongly as the date of issuance of the passport. 8. Fourth ground, to quote from the impugned jud......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......was: whether, when the parties to a suit had referred the matters in dispute between them to arbitration without the intervention, an award could be regarded as an adjustment of the suit and could be recorded as directed by the Appellate Court. The Patna High Court after reviewing many a decision, n...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....esses, of course, are mostly related to the deceased victim as well as to the informant. It has been contended by the learned Advocate for the appellants that the learned Assistant Sessions Judge has wrongly relied upon the evidences of the above witnesses who are mostly in related and interested. I......hers under sections 147/ 148/149/447/324/326/436 of the Penal Code, but after the death of the victim Tajur Muluk some more sections including section 302 were added. P.W.12, Siddiqur Rahman formally recorded the First Information Report and entrusted one Abdus Samad, Daroga of the Teknaf Police Sta......t the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ...... her son. 3. On receipt of the said complaint, the Magistrate sent it to Lakshmipur police station with a direction to treat it as an ejahar and do the needful. In compliance therewith, the police recorded Lakshmipur Police Station Case No.4 dated 6.1.1998 under section 302/34 of the Penal Code. ......kider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......ceased succumbed to his injuries on 7.9.87 in the hospital. 3. The police took up the investigation of the case, visited the place of occurrence, examined witnesses under section 161 CrPC and also recorded the statement of the deceased Md. Abu Sayeed at Rajshahi Medical College Hospital on 5.9.87......ey should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......zur Rahman, Sub‑Inspector of Police, took up the investigation of the case. He engaged persons and from the information obtained from such source he arrested accused appellants Bashir and Aftab. He recorded the statements of these arrested persons and according to their statements he arrested othe......uitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ..Category: Criminal Law | Date: | Hits: 62
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......) Present: Abdul Hasib J Abdul Jalil Sheik………..Petitioner. Vs. Md. Abdul Quddus Sarker............Opposite Party. Judgment June 12, 1991. Lawyers Involved: Abdul Momin Talukder, Advocate ‑For the Petitioner. Not represented ‑ the Opposite Party. Civil Rev......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ..Category: Property Law | Date: | Hits: 75
....its that the said transaction governed by the Transfer of Property Act and the State Acquisition and Tenancy Act having no retrospective effect in the facts and circumstances of the case the same was wrongly applied in the present case before us. He further submits that in view of the provisions of ......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......he aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ..
Category: Property Law | Date: | Hits: 91
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......e High Court of West Pakistan on writ petitions filed under Article 170 of the Constitution of 1956 successfully calling in question the orders referring cases to the Council of Elders or convictions recorded under section 11 of the Frontier Crime Regulation Act, III of 1901. One of the appeals was ......bate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......he case against the appellants. 19. P.W.11 the Investigating Officer in his deposition stated that he visited the place of occurrence, prepared sketch map with index of the place of occurrence and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. He ide......end down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....hipment were procured under Invoice dated 22.5.1997. There is clause in the Charter Party that the owner guarantees, that the vessel will arrive at the discharge port of Chittagong by 11th June 1997 (wrongly printed 11th May 1997 in the Bill of Lading) otherwise the owner to be responsible for conse......ly argued that exhibit No.9 clearly revealed that the owner of the ship MV CHOSUN HOPE has settled the claim of the plaintiff, raised in this Admiralty Suit being No.44 of 1997 and if the same cannot recorded as compromise under the provision of Order 23 rule 1 of the Code of Civil Procedure,1908 th......: ......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)
....el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......ed against the rights of the litigant public. Therefore, there is no reason to refuse to issue certified copy of the order passed by this Court. 8. Accordingly, let this decision of this bench be recorded in the Registry for all future guidance that the certified copy of the order passed by this......e registry in order to guide them in future. Ed. This Case is also Reported in:......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:..Category: Admiralty Law or Maritime Law | Date: | Hits: 191
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......Abdus Salam for post mortem examination. In cross-examination he stated that the Investigating Officer prepared the seizure list in his presence. 21. P.W.10 Md. Shamsuzzaman Bhuiyan, a Magistrate, recorded the statements of P.Ws. Hitlar, Badsha and Methu under section 164 of the Code of Criminal ......ransferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ..Category: Criminal Law | Date: | Hits: 62
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