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Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....e of the fact that in absence of Jagabandu Saha, the tenant, Jogesh Chandra Sutradhar and others collusively and illegally entered their names in RoR and kept this in secret; that the said record was wrongly prepared in the names of an interest less person and no portion of the suit land is enlisted......ten statement, denying the material allegations of the plaint. 6. The case of the defendant No. 1 Ayesha, inter alia, is that out of the entire land, a portion of suit land measuring 0.21 acre was recorded in the name of Nabin Chandra Saha in CS khatian No. 86 and the rest of the land in the name......t Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Ayesha Khatun & others……………………………………Petitioners Vs. Rabindra Chandra Saha and others ………………….Opposite Parties. Judgment May 18, 2006. ......f the plaint. 6. The case of the defendant No. 1 Ayesha, inter alia, is that out of the entire land, a portion of suit land measuring 0.21 acre was recorded in the name of Nabin Chandra Saha in CS khatian No. 86 and the rest of the land in the name of Gobinda Chandra Saha and others in Khatian No..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......eath penalty upon condemned prisoner. 17. In the discourse made above, the conclusion that flows is: Death Reference No. 15 of 2002 is accepted. Judgment of conviction and sentence dated 14-5-2002 recorded by Nari-o-Shishu Nirjatan Bishesh Adalat in Nari-o-Shishu Case No. 140 of 1997 stands maint......e, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638...Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ...... said seizure and admitted his signature as Exhibit 13/2 in the seizure list. He has denied that he has deposed falsely as tutored by the police. 63. PW 41 Md. Shafique Anwar is the Magistrate who recorded the confessional statement of condemned-prisoner Mamun. He has stated that the confessional......f 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607....... 3 and 4 respectively and his signatures thereon as Exhibit 3/1 and 4/1 respectively. He also received the alamats under the seizure list. He arrested the accused and sent him to the jail custody. He recorded statement of 4 witnesses under section 161 of the Cr.P.C. On being promoted he handed over ...... Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......irst information report SI Md. Mahfuzur Rahman of Lakshmipur Police Station took up the investigation of the case. He investigated the case by visiting the place of occurrence, examined witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. He also took steps fo......iously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......tion. The case was then renumbered as aforesaid Miscellaneous Case No. 1 of 2000. 3. In the application, it is stated that SA Khatian Nos. 589 and 596 of mouja Helanchi under Thana Monirampur were recorded in the names of Eshan Chandra Das, Hazari Das, Rajbihari Das, Satish Chardra Das, Panchamon......t July 12, 2004. Cases Referred to- Md. Jabed Ali and others Vs. Rakhal Chandra Mandal and others, 33 DLR (AD) 309; Abdur Rouf Vs. Ahmuda Khatun, 33 DLR (AD) 323; Md. Rais Ali Vs. Imam Hossain and others, 33 DLR 318; Chandra Kumar Vs. Abdul Motaleb, 19 DLR (SC) 36; Md. Khaindlah Bhuiyan Vs....... Sudhir Kumar Das got his name mutated in Miscellaneous Case No. 45/IX-I/79-80 and No.317/ IX-I/82-83 and possessed accordingly. As Sudhir Das possessed his entire land inherited and purchased under khatian No. 1102 and the pre-emptor was not a co-sharer in such khatian the pre-emptor was not entit..Category: Property Law | Date: | Hits: 69
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......ferred to as Shajneen), a student of Class-IX, was murdered in her bed room in the downstairs. Her father Shameem Latifur Rahman (PW 2) in that very night lodged an first information report which was recorded as Gulshan PS Case No. 73 dated 24-4-1998 under sections 302/34 of the Penal Code. In that ......iberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....d 546 comprising an area of 1.98 acres which was included in RS khatian Nos. 168, 169, 172.; that RS khatian No. 172 bearing RS plot No. 546 comprising 1.10 acres corresponding SA khatian No. 225 was wrongly recorded in the name of predecessors of defendant Nos. 19 to 22; that RS and SA khatian was ......are, Amina Begum as 2 anna share, Hinguluddin as 2 anna 10 gonda share, Alip Khalifa as 4 anna share, Maherjan Bibi as 15 gonda share and Arobjan Bibi as 15 gonda share and accordingly CS khatian was recorded. It is further stated that Abdur Gafur died without any issue, leaving his wife and sister:...... in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ...... jurisdiction, null and void and not binding upon the plaintiffs. 3. The case of the plaintiffs, in short, is that the suit land situated at Mouja Chandkati under police station Jhalakati being CS khatian No. 30 (Karsha right) bearing CS plot No. 201, 202 measuring an area 1.83 acres of land exce..Category: Property Law | Date: | Hits: 70
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......h one Sayeed. He found accused Mofa @ Mofazzal and Mozahar were gossiping suspiciously at the western side of the road of his house. With these allegations informant lodged the instant case which was recorded as Kalai Station Case No. 2 dated 11-7-1989 corresponding to GR No. 40 of 1989. 3. The p......rt's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....fice' as agent of the beneficiary, seller and it, therefore, could not claim payment in law after its principal was found to have committed fraud. 83. He submitted that even though the KEB was wrongly referred to as a negotiating bank in the pleading such averment would not bind the applicant...... be sustained in law. In support he cited the decision in the case of Bangladesh Vs. Israil Ali, 1981 BLD (AD) 371. 204. The learned Joint District Judge disposed of the suit in few lines. He recorded that he considered the deposition of PW 1 Syed Masudur Rahman and examined the documents ad...... Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Korea Exchange Bank, Seoul, Korea……………Appellant Vs. Gemini Garments Limited and others………….Respondents Judgment April 13, 2004. ......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......2 reks and 10 gondas of patit jungel in favour of Munir Miah, Chand Mian and others on executing a Sharanlipi dated 2nd Ashwin, 1362 B.S. and regarding his non-relinquishmcnt though the same has been recorded in the name of Majar Ali, the plaintiffs corrected the same in their favour by filing case ...... the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....iff but during devastating cyclone of the year 1998 their field parcha, khatian, dakhilas etc. were lost. The defendant No.1 was a stranger in the 1.43 acres of land of the suit land and his name was wrongly recorded in the khatians. On 20.05.2004 the plaintiff No.2 while working in the suit land th......za Bakoria was owned by Abdul Ahmed son of Anwar Ali and while he was in possession R.S. Survey started in 1928 and completed in 1932. In the R.S. record-4 annas and 7 pai land as 1/3 of 16 annas was recorded in the name of the grandfather of the plaintiff and the rest was recorded in the name of Mo......rdingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......a Shamsi and as heirs of the deceased owned and possessed the suit land. The R.S. record was published in the name of the plaintiff but during devastating cyclone of the year 1998 their field parcha, khatian, dakhilas etc. were lost. The defendant No.1 was a stranger in the 1.43 acres of land of the..Category: Property Law | Date: | Hits: 65
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ...... was no ingredient of an overt act on the part of the crews when the vessel entered into the territorial fishing waters of Bangladesh by an accident. He then submits that since the learned Magistrate recorded confessional statement of the Captain Theng Tsai Whang of the vessel FV Shin Fa Chera # 20 ......e of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......gainst those accused persons. 4. The investigation of the case was entrusted to Abu Md. Arif Siddique, Inspector, DAB Chittagong who visited the place of occurrence, seized alamats of the case and recorded the evidence of the witnesses under section 161 of the Code of Criminal Procedure and subse......by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ..Category: Criminal Law | Date: | Hits: 53
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....ingle judgment. In Writ Petition No. 4083 of 2002, the Rule Nisi was issued upon the respondents to show cause as to why Memos being file No. 11 (302) Anu; 1/2000/2563 dated 21-12- 2000 (Annexure-A) (wrongly stated in the prayer as well as in Rule issuing order as file No. 11 (302) Anu; 1/2000/2653)...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......e established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... by filing a written statement. His case, in short, is that his father Hashem Ali Sheikh got the suit land by way of 'Pattan'. When he was thus owner in possession of the suit land, the suit land was wrongly recorded in the names of original owners in the survey under the State Acquisition and Tenan......y started CR Case being No. 17 of 1988 in the local Upazila Magistrate Court. During the prosecution of the case, defendant No. 1 declared that he had title and possession in the suit land, which was recorded in the record of rights in the name of his father Hashem Ali. The plaintiffs also came to k...... is also Reported in: 58 DLR (2006) 470. ...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ..Category: Property Law | Date: | Hits: 79
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......seizure list. The prosecution was launched by lodging the First Information Report on 11-5-1992 at 22-05 hours with the Gulshan Police Station by the PW 1 Lt. Col Younus Khan, as informant, which was recorded as Gulshan Police Station Case No. 29 dated 11-5-1992. 3. The police after investigation......Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..Category: Criminal Law | Date: | Hits: 70
Solaman Vs. State, 2005, 34 CLC (HCD)
..... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......ttergun from the accused person but no where they stated that from where the said shuttergun was recovered. PW 4 Md. Mizanur Rahman was declared hostile. PW 5 Bijoy Sikder, a Sub-Inspector of Police, recorded the first information report and does not state anything about the incriminating article in......-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ..Category: Criminal Law | Date: | Hits: 53
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......d the first information report on 28- 3-90 under sections 147/148/323/380 of the Penal Code. 3. The police investigated the matter, prepared sketch map with index, visited the place of occurrence, recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure and at t...... from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351...Category: Criminal Law | Date: | Hits: 59