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Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

.... Dulal Miah @ Dulal @ Nurun Nabi……………………Petitioner Vs. Ruhul Amin and others………………Opposite Party Judgment August 2, 1998. Result: The Rule is made absolute. Lawyers Involved: Mujibur Rahman, Advocate ‑ For the Petitioner. Md. Ruhul Amin, ......Apart from the fact that he admitted in cross‑examination that he filed a case against the accused Jalil who also filed a case against him chal is a weapon with multiple sharp pointed sticks also called konch and would have caused several punctured wounds and not one incised wound as found by th...... manifestly wrong and perverse grounds. 3. Learned Advocate for the accused opposite parties submitted that revisional power of this Court is limited and even if one of the grounds assigned by the trial Judge for acquittal of the accused is found reasonable this Court should not interfere with th...... Supreme Court High Court Division (Criminal) Present: Kazi Ebadul Haque J Md. Abdul Quddus J Dulal Miah @ Dulal @ Nurun Nabi……………………Petitioner Vs. Ruhul Amin and others………………Opposite Party Judgment August 2, 1998. Result: The Rule is..

Category: Criminal Law | Date: | Hits: 76

Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

....emption of the case land under section 96 of the State Acquisition and Tenancy Act, 1950 alleging, inter alia, that he is a co‑sharer by inheritance in the case jote. Opposite Party No.2, who was also a co‑sharer to the jote in question, sold the case land to the petitioner at a consideration of......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ......iescence. It was further contended that he made improvement in the case land by spending Taka 25,000.00 and, as such, if pre‑emption is allowed, he is entitled to get improvement cost. 4. At the trial the pre‑emptor examined 3 witnesses and the contesting pre‑emptee examined 4 witnesses in ......1998) 616. ..

Category: Property Law | Date: | Hits: 91

AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)

....li retired from service in 1970 and in 1971 while he fell in financial crisis, he proposed to sell the lands measuring an area 6.54 acres of land described in the schedule of the plaint to his grandsons and son's wife at a consideration of Taka 2500 and accordingly executed a sale deed on 8-5-19......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......ntiff filed TS No.115 of 1974 cancelling sale deed dated 8-5-1971 and that the Suit was compromised on the basis solenama on 9-8-1997 which is genuine. 11. Both the parties adduced evidence on the trial Court and the trial Court on consideration of the evidence on record it appears that the summo......High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J AKM Abu Sayed Chowdhury……………………………Petitioners Vs. AKM Abdul Wahed Chowdhury and others…………………………Opposite Parties Judgment March 23, 2011. Result: ..

Category: Procedural Law | Date: | Hits: 110

Nazmul Hossain (Md.) Vs. State, represented by the Deputy Commissioner, Patuakhali and others, 1992, 21 CLC (HCD)

....Md.)................Petitioner Vs. State, represented by the Deputy Commissioner, Patuakhali and others .............Respondents Judgment August 10, 1992. Result: The Rule is made absolute. Cases Referred to- Anisminic Vs. Foreign Compensation, etc., 1969 All England Law Repo......r of the currency notes and immediately made a complaint before the Sub‑Divisional Officer while the said officer was in a meeting. It is also the prosecution case that the Sub‑Divisional Officer called him and asked him about it and the accused stated before the said officer that he received th...... was done at someone's instance and he made a complain before the Sub‑Divisional Officer when he was in the midst of a meeting and at the Sub‑Divisional Officer's direction the accused was put on trial under the Martial Law Regulations without going to the police station and filing the First Inf......ial Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Nazmul Hossain (Md.)................Petitioner Vs. State, represented by the Deputy Commissioner, Patuakhali and others .............Respondents Judgment August 10, 1992. Result: The Rule is made a..

Category: Criminal Law | Date: | Hits: 84

Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)

....ng with the suit: Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only, it may be set aside as against all or any of the other defendants also." 6. In deciding a case under Order 9 rule 13 of the Code of Civil Procedure the Court is requ...... decree was passed for an order to set it aside ; and if he satisfies the Court that the summons was not duty served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon su...... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ......e Court High Court Division (Civil Appellate Jurisdiction) Present: Gazi Shafiuddin J Gour Gopal Saha J Siddique (Md.)………………………..Appellant Vs. Yeakuti Begum and others……………………………Respondents Judgment June 4, 1997. Result: Th..

Category: Procedural Law | Date: | Hits: 88

Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)

....J Motleb Molla (Md.)……………………Petitioner Vs. Dost Mohammad and others………………………Opposite Parties Judgment March 20, 1997. Result: The Rule is made absolute. Lawyers Involved: Sultan Ahmed with Malik Syed Ahmed, Advocates ‑ For the Petitioner......he Opposite Parties. Civil Revision No.79 of 1989 (Rangpur) Civil Revision No.8450 of 1991 (Dhaka) Judgment Syed JR Mudassir Husain J.- By this Rule defendants opposite parties 1‑4 were called upon to show cause as to why the judgment and decree dated 10‑9‑88, passed by the learned......title and recovery of khas possession after evicting them from the suit land. The said suit was dismissed on 27‑8‑76 and the plaintiff took an appeal. The appellate Court remanded the case to the trial Court for fresh trial after remand, the suit was decreed and execution was started and the pla...... in: 50 DLR (HCD) (1998) 613. ..

Category: Property Law | Date: | Hits: 77

Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)

.... Assistant Judge, Bogra) in Family Suit No.48 of 1997 awarding dower and maintenance to the wife for the period of iddat for a sum of Taka 24,501.00 and in addition allowing maintenance for two minor sons at the rate of Taka 2000.00 a month till attainment of majority by them. 2. Facts of the cas......f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ...... Judge, Second Court, Bogra, for dower and maintenance for the period of iddat. The defendant did not deny the marriage with the plaintiff on 11‑5‑77 and having two sons out of this marriage. The trial Court decreed the suit for a sum of Taka 24,501.00 on account of dower and maintenance for the......Lahore 733. Lawyers Involved: Menhazuddin Ahmed, Advocate ‑ For the Petitioner. Civil Order No. 3228 of 1998. Judgment Md. Abdul Karim J.- This application at the instance of the husband‑petitioner under section 115 of the Code of Civil Procedure is directed against the judgment a..

Category: Family Law | Date: | Hits: 136

Masum and others Vs. State, 2009, 38 CLC (HCD)

....frul Police Station No.26 dated 17-03-2003, under Section 19A and 19(f) of the Arms Act, convicting the convict appellant No.1 under Section 19A of the Arms Act Sentencing him to suffer Rigorous Imprisonment for a period of 10 years and convicting the convict-appellants No.2 and 3 under Section ......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ...... same was registered as Metro Special Tribunal Case No.2945 of 2003, who has taken cognizance, on 21-2-2003, against the accused appellants, under section 19A and 19(f) of the Arms Act, 1878, for trial. Thereafter, the said case was transferred on 14-1-2004, to the Metro Special Tribunal No.10, ......HCD) (2012) 133. ..

Category: Criminal Law | Date: | Hits: 75

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....gal Aid and Services Trust (BLAST)………………….Petitioners Vs. Bangladesh and others…………………..Respondents Judgment October 13, 2010. Result: The Rule is made absolute. Lawyers Involved: Tanim Hossain Shawon, Advocate - For the Petitioners. Akram......struction Act, 1952(Act No.II of 1953). Section 18a(1) of the Act provides that the Government may make provisions to Gary out the purposes of the Act and the provisions so made may collectively be called Bangladesh National Building Code, hereinafter referred to as the Code. 24. Section 18A (2......s moved the instant Writ Petition and obtained the Rule Nisi. 14. During hearing of the Writ Petition, Bangladesh Construction and Wood Workers Federation, a registered Organization under the Industrial Ordinance,1969 filed an application for addition of party. It appears from the application tha......to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..

Category: Labour and Industrial Law | Date: | Hits: 163

Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)

....�………..Defendants-Petitioners Vs. Md. Muhammad Ali and others…………………………….Plaintiff-Opposite Parties Judgment December 4, 2005. Result: The Rule is made absolute. Lawyers Involved: Md. Mozaffar Hossain - For the Petitioners. Md. Mujibar Rahman wi......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......d appeal was heard by the learned Joint District Judge, 2nd Court, Kishoreganj who by the impugned Judgment and decree dated 5.6.2005 allowed the appeal on setting aside the Judgment and order of the trial Court and granted the prayer for temporary injunction. 7. Being aggrieved by the said Judgm......e date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ..

Category: Civil Law | Date: | Hits: 107

Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)

....ellants namely (1) Md. Abul Molla and (2) Md. Tota Mia is directed against the Judgment and order dated 19-11-1992 passed by the learned Assistant Sessions Judge and Judge of the Special Tribunal, Jessore in Special Tribunal Case No.199 of 1992 convicting the appellants under section 25B (1)(b) and ......ent but he had no knowledge of it. 13. P. W.2, Altab Hossain deposed that at the time of occurrence while he was returning from Bazar, he found some police personnel at Kadamtala Barandipara. They called him and informed that some adulterated oil was recovered from the house of Ramij Mia. Police ......and lodged the First Information Report. 3. The police after investigation submitted charge sheet accusing 4(four) accused including the appellants. 4. The appellants were tried in absentia. At trial, charge under section 25C of The Special Powers Act 1974 was framed against all accused to whi......d. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ..

Category: Criminal Law | Date: | Hits: 71

Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)

....owdhury @ Swapan and others…………………Petitioner Vs. The State and another…………………………Opposite Parties Judgment July 21, 2010. Result: The rule is made absolute. Cases Referred to- Zakir Hossain and others Vs. The State and another, 43 DLR (AD) (19......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......u, Aminul Islma Chowdhury surrendered on 25.04.2004 and they were also enlarged on bail. 6. The case was transmitted, on 22.05.2004, to the Court of Additional District Magistrate, Cox's Bazar for trial. 7. The accused-petitioners preferred an application under section 561A of the Code of Crim......his Case is also Reported in: 7 LG (HCD) (2010) 371. ..

Category: Criminal Law | Date: | Hits: 54

M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)

....ontinue the execution case on 6.5.2008 when sale certificate was issued under section 33(5) and thereby entertained the application of the decree holder issuing warrant of arrest on 12.3.2009 and also on 14.10.2009 without following the provisions of section 51 read with Rule 37 of Order 21 of the......y of the execution case till disposal of Title Suit No.85 of 2009 by its order dated 18.10.2009. The second impugned order dated 18.10.2009 is also well founded in law. No interference is, therefore, called for. 30. We, therefore, do not find any substance in the submissions made by Mr. S.A.M. ......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......0) 365; 18 BLT (HCD) (2010) 266. ..

Category: Civil Law | Date: | Hits: 129

Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)

....�…………………….Petitioners Vs. Md. Samsur Ali Mondal and others…………………………………Opposite parties Judgment June 19, 2006. Result: The Rule is made absolute. Lawyers Involved: S. N. Goswami, Advocate - For the Petitioners. No one appears - ......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......ation on 17.5.98 for impleading them as parties in the category of defendant-respondents under Order 1 Rule 10 of the Civil Procedure Code sating that during pendency of the partition suit before the trial Court the present petitioners have direct right, title and interest in the suit land and as su...... Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ..

Category: Property Law | Date: | Hits: 96

State Vs. Arman Ali and another, 2008, 37 CLC (HCD)

....nal) Present: Siddiqur Rahman Miah J Muhammad Abdul Hafiz J The State.............................Convict-petitioner Vs. Arman Ali and another.........................Condemned Prisoner Judgment November 4, 2008. Result: The Death Reference No.28 of 2005 is rejected ......f Abul Khayer and 3 others Vs. The State reported in 46 DLR 212 in support of his contention. 17. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinize the material evidence on record in order to come to a proper decision in t......t the condemned persons are quite innocent and they have been falsely implicated in this case basing on the inadmissible confessional statement which were procured by torture and coercion; that the trial court did not apply his judicial mind in analyzing the deposition of P.Ws. and their cross exa...... ..

Category: Criminal Law | Date: | Hits: 106

Ejlash Mia Vs. State, 2010, 39 CLC (HCD)

.... written ejahar with that Police Station stating, inter alia, that on that date at 13-00 hours he, along with his companion Havildar and Constables, raided the east bhiti Farm House of the accused persons at Jungle Sarafbhata with intent to arrest the F.I.R. named accused persons of Police Station C......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ...... 4, 2010. Result: The Rule is disposed of. Lawyers Involved: S. M. Abdur Rouf - For the Accused-Petitioner. Md. Ensan Uddin Sheikh, Assistant Attorney-General, Md. Jahangir Alam and Ms. Beadura Ansari, Assistant Attorney-Generals - For the State-Opposite Party No.1. Cr..

Category: Criminal Law | Date: | Hits: 90

Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)

....ney and the decretal amount is not paid within the time specified by the Court, the decree shall, on the prayer of the decree-holder to be made within a period of one year from the expiry of the time so specified, be executed- (a) as a decree for money of a Civil Court under the Code, or (b) a......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......t opposite party No.1 as plaintiff instituted Family Suit No.12 of 2000 in the Family Court Patharghata, impleading the petitioner as defendant for dower and maintenance for Tk. 1,16,500/-. 3. The trial Court partly decreed the suit on 17.05.2001 to the extent of Tk. 91,501/-. Against which defen...... 7 LG (HCD) (2010) 362. ..

Category: Limitation Law | Date: | Hits: 147

Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)

....eed ex-parte on 10.4.2002 and then Money Execution Case No.176 of 2002 was started in the Court of Joint District Judge and Artha Rin Adalat-1, Dhaka. In execution of the decree the suit property was sold to the auction purchaser opposite party No.2 Ayub Khan. But before this sale, a Bainanama was e...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......ed and his heirs were substituted as 1(a) to 1(g) in the revision. 4. Mr. S.N. Goswami the learned Advocate appearing with Ms. Afsana Begum on behalf of the defendant petitioner submits that the trial Court below without giving chance to examine any witness by the petitioner and without applyin......) 356. ..

Category: Civil Law | Date: | Hits: 89

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....gladesh and Others…………………………………Respondents (In both the Writ Petitions) Judgment April 12, 13, 2010. Result: The Rule in Writ Petition No.2669 of 2000 is made absolute in part. The Rule in Writ Petition No.6451 of 2007 is discharged. Cases Referred to- ......October, 1958, the Laws Continuance (in Force)-Order 1958 which came into force on 10 October 1958, ensured that Pakistan remained to be governed, as nearly as possible, in accordance with what was called "the late Constitution". The status of the CHT, therefore, remained the same under the Martia......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......……………………Petitioner (In Writ Petition No.2669 of 2000) Advocate Md. Tajul Islam………………………………Petitioner (In Writ Petition No.6451 of 2007) Vs. Bangladesh and Others…………………………………Respondents (In both the Writ Petitions) Judgmen..

Category: Constitutional Law | Date: | Hits: 314

Jewel Vs. State, 2005, 34 CLC (HCD)

.... Special Tribunal No.15, Dhaka in Special Tribunal Case No.463 1988 convicting the accused appellant under section 4(b) of the Explosive Substance Act, 1908 and sentencing him to suffer rigorous imprisonment for 6(six) years. 2. The prosecution case as projected in the First Information Report an....... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ......) of the Explosive Substance Act, 1908 and sentencing him to suffer rigorous imprisonment for 6(six) years. 2. The prosecution case as projected in the First Information Report and unfurled during trial is that on 11.5.1988 at 08.00 A.M. P.W.1 S.I. Monir Uddin with S.I. Ferdous Ahmed and S.I. Abd......��…………………Appellant Vs. The State…………………………Respondent Judgment March 6, 2005. Result: The appeal is allowed. Cases Referred to- Mohammad Ali and another Vs. State, 1 B.L.C 164. Lawyers Involved: No one - For the appellant. Md. Ibrah..

Category: Criminal Law | Date: | Hits: 85

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