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AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....e the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......disposal of the rule, in short, are as follows: The petitioners obtained some loan from respondent No.1, Rupali Bank Limited, Hazaribagh Branch, Dhaka (hereinafter referred to as the Bank). At the time of obtaining loan they mortgaged their personal properties as security to the loan by exeÂcuti......vour of the Bank. The petitioners having failed to re-pay the loan the Bank, as plaintiff, instituted Artha Rin Suit No.127 of 1992 before the Artha Rin Adalat No.4, Dhaka (the Adalat, in short). For recovery of loan amounting to Taka 92,16,225.42 impleading the petitioners as defendants of the suit......Ain is to be followed before taking action under secÂtion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ..Category: Civil Law | Date: | Hits: 159
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
.... others, 37 DLR (AD)32; Morsalin (Md.) and others Vs. Nurul Huda and others, 48 DLR 593; Naba Kumar Das and others Vs. Rudra Narayan Jana and another, A.I.R.1923 (P.C.) 95; Md. Hanif Ali Vs. Hajera Khatun and others, 22 BLD (HCD)217; Madhai Amthalal Vs. Amthalal, AIR 1947(Bombay)166. Lawyers Invo......rovisions of Order XVIII Rule 17 C.P.C. which reads as hereunder: "17. The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit." 12. In the case of Nurul...... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ...... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ..Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....wer Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......ive therein along with his family members. Such permission or licence was initially for a period of 6 months. However on the request of helpless Keramat, the period of license was extended at various times. After Abdul Hamid's death, his sorts allowed Keramat Ali and his family members and his next ......about adverse possession in favour of the defendants is sustainable particularly in view of their decision that the suit for ejectment is not maintainable and that a suit for declaration of title and recovery of khas possession should have been filed. 2. The above issues have arisen out of the Ju......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......out 16 years. If the case is sent back on remand to the lower appellate Court for reÂhearing of the appeal as submitted by the learned Advocate for the opposite party Nos.1 and 2 it will take a long time and increase the sufferings of the parties manifold. So, I have decided to dispose of the case ......gested in 5 BSCD 264 their Lordships of the Appellate Division held as follows:- "When the plaintiff-respondents are found to be out of possession, a mere suit for declaration without a prayer for recovery of possession is clearly hit by the Proviso to this section and accordingly, the suit is no......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....D) (2009) 772. ......nal Code read with section 5(2) of the Prevention of Corruption Act, 1947 shall not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, further proceedings of the said Special Case No. 3 of 2009 was stayed.......eedings amount to abuse of the process of the Court and is liable to be quashed. 9. Mr. AKM Fazlul Huq, the learned Advocate, appearing for the opposite party No.2 (ACC), firstly submits that, the recovery of the alleged bribe money being seized by police before the ACC had started any investigat......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....¦â€¦â€¦..Petitioners Vs. Md. Shamsuddin………………………………….Opposite Party Judgment June 24, 1997. Result: The Rule is made absolute. Case Referred to- Md. Matiur Rahman Vs. Md. Iman Ali and others, 1981 BLD (AD) 280. Lawyers Involved: AHM Ziauddin, A...... application. The cost of improvement, if claimed, is to be determined by the Court at the trial on taking evidence. So, it is inconceivable as to why for non‑deposit of the improvement cost at the time of filing the pre‑emption case, which is yet to be determined by the Court on taking evidence......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
.... The Rule is discharged. Cases Referred to- Hamidullah Talukdar & others Vs. Muslim Khan and others, 8 DLR 606; 13 DLR (SC) 228; 39 DLR (AD) 46. Lawyers Involved: Abdul Hamid, Advocate ‑ For the Petitioner. Md. Abdul Haque, Advocate ‑ For the opposite parties. Civil Revi......in his plaint, inter alia, that he by registered kabala dated 23‑4‑59 purchased the suit land in the names of his minor sons namely, defendant Nos.1 and 2, who were 8 and 1½ years of age at that time to avoid his creditor and has been possessing the same since then by constructing dwelling huts......f a part of the suit land, having been dispossessed after the filing of the suit, the present suit for declaration will not be hit by section 4 of Specific Relief Act in the absence of the prayer for recovery of khas possession by amending the plaint. It is urged by the learned Advocate that the app......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
....………Opposite Parties Judgment July 25, 1996. Result: The Rule is made absolute. Cases Referred to- Ashraful Huq and others Vs. Anwar Ahmed and others, 1981 BCR (HC) 301; Asia Khatun being dead her legal heirs and representatives Bulbul Ahmed and others Vs. Rahatun Nessa and an......scellaneous Appeal No.244 of 1995 in this Court. This Court while admitting this appeal stayed the operation of the impugned order dated 15‑7‑1995 for a period of 3 months which was extended from time to time in the Rule. Thereafter the plaintiff‑opposite party No.1 again filed an application ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ..Category: Procedural Law | Date: | Hits: 69
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
.... 2006. Result: The Rule is made absolute. Case referred to- Rafiqul Islam (Md.) Vs. Mir Abdul Ali, 44 DLR (AD) 176. Lawyers Involved: Khan Saifur Rahman with Swapan Kumar Duta, Advocates-For the Petitioners. AKM Shahidul Haq-For the Opposite Party No.1. Md. Mojibur Rahman-For...... on the case of Rafiqul Islam (Md.) Vs. Mir Abdul Ali, 44 DLR (AD) 176. In the case referred to above, the Appellate Division has held that sale deed executed earlier but registered later in point of time will prevail over sale deed executed later but registered earlier. The criterion in such cases ......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....isdiction) Present: Khademul Islam Chowdhury J Md. Ashfaqul Islam J Alkas Gorami……………………………………………………………………. Appellant Vs. The State…………………………………………………………………………..Respondent ......ts.2 and 3 and his signature therein as Exts.2(1) and 3(1) and other exhibits. 11. This witness was cross-examined at length by the prosecution where he admitted that he didn't know whether at the time of the occurrence, law and order of the area were unrest or that the deceased persons were the ...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....Division (CriminalRevisional Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mahmudul Islam Chowdhury…………………………Accused-Petitioner Vs. State and another………………………Opposite-Parties Judgment February 22, 2012. Resu......decision of a case Nazrul Islam Vs. State reported in 13 MLR 184 where their lordships of our apex Court has given a positive observation that accused-petiÂtioner is to agitate his grievances at the time of hearÂing under section 241A of the Code of Criminal Procedure which is his alternative reme......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....us Jurisdiction) Present: Khondker Musa Khaled J Md. Emdadul Huq J 1. Baby Masum, son of Ohidur Rahman Bhuiyan……………………….Petitioner 2. Abdul Kader alias Kader, son of late Abdul Jalil Both of partnership producer Messers Light and Sound 47 Bijoy Nagar (2nd Floor) Dhak......ingly FDC provided the materials and service facilities. After completion of making ofthe film, the claims payable to FDC stood at Tk.35,93,315/- out of which Tk.. 11,60,000/- remained unpaid. At the time of taking delivery of the release-print of the film they issued two post dated-cheques for paym......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ..Category: Criminal Law | Date: | Hits: 66
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
....ourt High Court Division (Civil Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J Md. Kamruzzaman and others……………………………petitioners Vs. Abdus Sattar and others………………………….Opposite parties Judgment July 8, 2008. Resu...... and accordingly the predecessor of the defendants applied for lease in response of the declaration and he got pattan of 2.64 acres of land vide registered kabuliyat dated 24.03.1964. That in the meantime Government again declared the khas land would he leased out among the people and the principal ...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ..Category: Property Law | Date: | Hits: 48
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....R (HCD) (2008) 251. ......e Code of Criminal Procedure (Amendment) Act 1991 (Act XVI of 1991. Section 35 A reads thus: "35A. Term of imprisonment in cases where convicts are in custody.- Where a person is in custody at the time of his conviction and the offence for which he is convicted is not punishable with death or imp......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......ng at police station he filed ejahar which is marked exhibit-2 and his signature therein is marked exhibit 2/1. He identified the accused in the dock. 16. He denied the defence suggestion that no arms and cartridge were recovered from the accused and that he has been falsely implicated in this c..Category: Criminal Law | Date: | Hits: 77
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....pposite Party Judgment January 10, 2012. Result: The I.T. reference succeeds. The connected Rule being No. 20(ref)/2007 is disposed off. Lawyers Involved A. J. Mohammed Ali, Advocate with Hassan M.S. Azim, Advocate with Kamal Hossain Meahzi, Advocate-For the Assessee-applicant. ......he Taxes Department, while the learned Advocate Mr. Hassan M.S. Azim along with the learned senior counsel Mr. A.J. Mohammed Ali, Advocate, represented the Assessee-Applicant before this court at the time of hearing. 6.Argument of the Parties: The learned senior counsel Mr. A.J. Mohammed Ali A......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 83
....ra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
......llowing BELA’s writ petition in part. Before embarking on exploration of the points raised at the Bar, I would like to discuss laws which are relevant for the disposal of the points agitated at the time of the leave granting order.
The State Acquisition and Tenancy Act, 1950
The aim and......red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
......red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
..
Category: Environmental Law | Date: | Hits: 434
....d down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......the legal notice.
3. In the backdrop of the aforesaid facts and circumstances, the petitioner-Bank finding no other way filed Money Suit No.33 of 1989 before the Deputy Commissioner, Rangamati for recovery of loan money with interest at taka 9,23,440/-. The respondent No.5 as defendant entered ap......is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
..
Category: Civil Law | Date: | Hits: 74
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
....2009) 454. ......uent conduct of the accused No.1 intention of deceiving the informant at the initial stage can be gathered in this case. All these facts asserted by the parties are necessary to be adjudicated at the time of trial. When the police officer collected materials and submitted charge sheet against the ac...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ..Category: Criminal Law | Date: | Hits: 62
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....eason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......each other and accused Milon Miah, brother of Moslem, hit Shahinoor with a Bakua, (a kind of carrying implement made of bamboo) and the incident ended at the intervention of the people present at the time. It is further stated that at about 10.00 a.m. Shahidul Islam, the brother of the informant, we......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ..Category: Criminal Law | Date: | Hits: 60
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....t Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......ssed the suit with the observation that the document of delivery of possession (ext-ka) contains the signature of Serajul Islam, father of plaintiff No.6 and the said Serajul Islam was present at the time of delivery possession of the suit land in favour of DIT; now RAJUK. This court decided that th......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ..Category: Property Law | Date: | Hits: 56
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