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Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)

....resent Partition Suit although possession in a suit for Partition is very much material, which ought to have been decided by framing and discussing issues. He also submits that all the persons having interest of title in the suit property were not brought on record for the proper adjudication of the......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ..

Category: Procedural Law | Date: | Hits: 115

Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......equently filed Civil Suit has no bearing on the criminal proceeding started and about to be concluded under section 138 of the Negotiable Instruments Act, 1881. Cases Referred to- Noor Alam Vs. State, 7 BCR (AD) 165; AB Siddiqur Rahman Vs. AM Harunur Rashid, 3 BLT (AD) 64. Lawyers Involved&..

Category: Procedural Law | Date: | Hits: 128

Mahbubul Alam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Information and others, 2009, 38 CLC (HCD)

....relevant provision of Public Servants (Retirement) Act, 1974 and other annexure, mainly contended that on the admitted position of the petitioner's unblemished service record, he cannot be, in public interest, made to retire under section 9(2) of the Act No. XII of 1974 while retaining a large numbe......writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ..

Category: Administrative Law | Date: | Hits: 494

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....n dock. Some are acquitted by the Court of first instance and some by appellate Court, but only after having been in incarceration for years. Such efforts on the part of relatives of victim and other interested persons invariably is done and thus it becomes difficult on the part of a Court to find o...... 671. ..

Category: Criminal Law | Date: | Hits: 74

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....226; Brahmanbaria Pourashava Vs. Bangladesh, 1999 BLD (AD) 87]…………………………………………..(25) Words and phrases Public purpose If the purpose serves some public use or interest, as opposed to particular interest of an individual, then the purpose would be termed as pu......tification dated 31-7-2005 showing Ain Uddin Haider and Faizunnessa Waqf Estate to be the owners of the property carries with it a presumption of correctness of the record under section 144(7) of the State Acquisition and Tenancy Act, 1950. He submits that such notification by the Government as publ..

Category: Property Law | Date: | Hits: 121

Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)

....in a statute, but to find out the meaning of the legislature through the medium of words by which this intention has been expressed, and in doing so the Court must see that it is giving effect to the interest and purpose of the statute in question. . . when the legislature has put an embargo to the ......s. Vishwanath, AIR 1970 SC 488; Sayad Mir Ujmuddin Khan Vs. Ziaulnisa Begum, (1879) ILR 3 Bombay 422 PP. 430, 431 (PC); Gover’s Re. Coal Economising Gas Co. (1875)1 ChD182, p. 198; RS Raghanath Vs. State of Karnataka, AIR 1992 SC 81. P. 89; Begum Shamsunnahar Vs. Speaker, 17 DLR (SC) 21; Anwar Hus..

Category: Constitutional Law | Date: | Hits: 466

Chittagong Chamber of Commerce and Industry and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ong, in particular and encouraging the development and progress of the concerned area, in general. The petitioner represents all businessmen and industrialists of Chittagong district and protects the interest of their firms, companies and corporate bodies engaged in trade, commerce and industry, agr...... costs. The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 341. ..

Category: Others | Date: | Hits: 107

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....arbitrator to decide the ­dispute involving crores of takas and, as such, he had no lawful authority to act as the sole arbitrator in the case. 34. The two witnesses examined by the plaintiff are interested in the plaintiff’s case and their evidence suffers from basic infirmities. We do not fi......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)

....f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......nal Appellate Jurisdiction) Present: SAN Mominur Rahman J Md. Arayesuddin J Ahmed Hossain alias Mohammad Hossain & others…………………Accused Appellant-Petitioners Vs. State…………………………………………………………………………………â€..

Category: Criminal Law | Date: | Hits: 79

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

....m Miji reported in 50 DLR (AD) 6. 14. He further submits that in the instant case none of the plaintiffs were examined themselves P.W.1 being the Government official at his own ini­tiative became interested and examined himself without any instruction of the Government authority and according to...... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..

Category: Procedural Law | Date: | Hits: 137

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....ount, the petitioner along with other partners, in collaboration with the hank authority, sold out 35 Taxi Cabs and made part payment amounting to Taka 1,85,16,826.83 to the bank against the loan and interest. For non-payment of remaining loan and interest, the bank filed Artha Rin Case No.57 of 200......urt Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Sadiul Alam……………………………….Petitioner Vs. State…………………………………Opposite Party Judgment January 11, 2012. Resul..

Category: Criminal Law | Date: | Hits: 92

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

....vanced by Mr. Alimuzzman Chowdhury giving a go-bye to the case of opposite party No.1 who succeeded in both the Courts below. Mr. Halder without surrendering his power has argued the case against the interest of his client. He never spoke a word on the merit of the suit and the application. Adopting......itioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Result: The Rule is discharged. Cases Referred to- Balakrisha Chetty and sons Vs. State of Madras, AIR 1961 (SC) 1152; 14 BLD 450; 14 BLD 413; 47 DLR 18; Adnan Afzal Vs. Sher Afzal, ..

Category: Family Law | Date: | Hits: 209

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

.... as substantive evidence. But the Court must take care to see that the statement is genuine and was actually made by the dying man, for it is not unlikely that he did not make any statement, but some interested person fabricated it from motive and tried to use it as evidence……………………â......07) 364. ..

Category: Criminal Law | Date: | Hits: 98

Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)

....Cell was constituted by the Government to identify the sick industries and the said Cell identified the petitioner as a 'Sick Unit' in 1992 and advised respondent No. 6 (Sonali Bank, Head Office) for interest remission and suitable working capital for rehabilitation of the petitioner's industrial pr......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ..

Category: Constitutional Law | Date: | Hits: 334

Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

....e State………………………………Respondent Judgment November 28, 2006. Result: The appeal is allowed. Conviction and sentence under the Arms Act only on the basis of highly interested police witnesses In a charge for recovery of arms when a case has been installed and p......upreme Court High Court Division (Criminal) Present: AK Badrul Huq J Shahidul Islam J Md. Liton Miah alias Ripon………………………………Convict-Appellant Vs. The State………………………………Respondent Judgment November 28, 2006. Result: ..

Category: Criminal Law | Date: | Hits: 125

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..

Category: Procedural Law | Date: | Hits: 133

Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......Court Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Joynul Abedin J Fakir (Md.) Tariqul Islam………………….………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20, 1996...

Category: Criminal Law | Date: | Hits: 130

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

....0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ......0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ..

Category: Constitutional Law | Date: | Hits: 300

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....acquittal of the informant party (accused in that case), disbelieving the counter case there is no scope for acquittal of the accused without evaluating the evidence on record. Of course, evidence of interested witnesses who claim to have seen the occurrence is to be thoroughly scrutinized by a sear......150 of 1987. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant‑petitioner Bachu Miah calling upon the acquitted accused‑opposite party Nos. 1‑14 and the State to show cause as to why judgment and order dated 10‑9‑86 passed by the learned Sessions Ju..

Category: Criminal Law | Date: | Hits: 75

Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)

....hased the 'Kha' schedule property measuring 491/2 decimals along with other lands in the benami of his wife and since purchase he used to possess the 'Kha' sched­ule land in his own right, title and interest and that Sree Krishna Devnath being in exclusive possession over the Ka and Kha schedule la......the Courts below committed any illegality and material irregularity in passing the decisions which have occasioned failure of justice. 12. The learned Assistant Attorney-General for the petitioner State submits that impugned Judgment and decree is barred by law and facts. She further submits that..

Category: Procedural Law | Date: | Hits: 111