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Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
.... share of defendant No.5 under Section 4 of the Partition Act as his lands lie outside the dwelling house. Mr. Islam further submits that although the tanks and their banks in which the plaintiff has interest and are adjacent to the undivided dwelling house, in the absence of any evidence to prove t......ellant and he has no scope to get away from it. 19. Mr. M.A Quayum, learned Advocate of the plaintiff-appellant then referred to us the definition of homestead as contained in Section 2(14) of the State Acquisition and Tenancy Act, 1950, regulating the tenancy rights of the citizens, which reads;..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......CD) (2010) 45. ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....y Padak 1976 and Dhaka University Golden Award for Research 1988. Petitioner No.2, Ain-O-Salish Kendra (ASK), is a legal aid and human rights organization with long track record of engaging in public interest litigation (PIL) before this Court to uphold the Constitution and basic rights. Petitioner ......r giving him/her an opportunity of being heard.............................(59) Cases Referred to- Thomsons Vs. New South Wales Branch of Medical Association Branch, 1924 A.C. 764; Secretary of State Vs. Mask and Co, 67 1A 222; State Medical Faculty of West Bengal Vs. Vshti Bhusan, 64 CWN 842;..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
.... above and such other properties of the borrower or his surety as in the opinion of the District Judge were sufficient to cover the claim of the Corporation against the borrower including costs and interest. (2)........................................ (3) The District Judge may if he thinks ......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......t Division (Criminal Miscellaneous Jurisdiction) Present: Md. Rezaul Haque J Md. Moinul Islam Chowdhury J Sk Shayeed-ul-Amin and others………………………Petitioners Vs. State………………………Opposite-Party Judgment August 3, 2010. Result: The rule..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
.... His evidence lends corroborative support to prosecution story. Nothing could be elicited from his cross-examination to show that his testimony arising from a source which is tainted with bias or interestedness. The learned Sessions Judge also placed reliance on his testimony. The evidence of th......h Court Division (Comilla Bench) (Criminal Appellate Jurisdiction) Present: Md. Ahdur Rouf J Syed Fazle Ahmed J Santosh Mia……………................Appellant Vs. The State……………....................Respondent Judgment April 26, 1989. Result: The..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
..... The suit pathway measures .08 decimal of land and appertains to dag No.10317 of khatian No.1703 within J.L. No.91 under Sylhet Municipality. It is within the Rajbari belonging to the predecessor-in-interest of Sree Kumar Gourish Chandra Roy and the defendant No.1, Remendra Kumar Dutta Chowdhury. I...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......vision (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Mizanur Rahman Bhuiyan J Arshad and others……………………………Petitioners Vs. State and another……………………………Opposite-Parties Judgment August 8, 2..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
.... it was very much enforceable as a legal piece of document and by ignoring this the defendant Nos. 1-3 had no authority to transfer the property in favour of the defendant No.4 ignoring the right and interest of the plaintiff and by ignoring this very vital aspect of the case the learned Appellate J......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....er Md. A Khaleque as P.W.2 and her paternal uncle Md. A Hakim as P.W.3 and another local witness P.W.4 stated that the amount of dower was fixed at Tk. 50,000. It is evident that P.W.1, 2 and 3 are interested witnesses and P.W.4 did not state as to the reason of his presence in the marriage cere......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ..Category: Family Law | Date: | Hits: 246
....arayan Choudhury was owner-in-possession of the suit land along with other land. While he was thus in possession he settled the suit land along with other land with one Shaheb Ali, the predecessor-in-interest of plaintiffs and delivered possession. The record of rights was also prepared in the name ......hat was recorded in the name of Kali Narayan Chowdhury in the DS record of rights ultimately vested in the Government with the wholesale acquisition of rent receiving interest under section 20 of the State Acquisition and Tenancy Act, 1950. It however found the plaintiffs were admittedly in possessi..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....pecial Powers Act, 1974 (Act No. XIV of 1974), section 3(2) Detention without trial is an evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community. The safeguards against unfounded accusations and the opportunity for esta......rt Division (Criminal Miscellaneous Jurisdiction) Present: Surendra Kumar Sinha J Sharifuddin Chaklader J Anwar Hossain (Md.) and others...........................Petitioners Vs. State and others ................................................Respondents Judgment May 27, ..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....িচারাধীন” has been used. Next, only cases which involve five kinds of offences as mentioned in the section can be transferred and thirdly, such transfer can be made only in public interest……..(23) The tribunals as constituted under the Druto Bichar Tribunal Ain, 2002 are a......l be concluded at any cost within the specified time by giving go-bye to the established principles of trial causing prejudice to an accused…………………………(27) Cases Referred to- State of West Bengal Vs. Anwar Ali and others, AIR 1952 SC 75; Waris Mea Vs. State, 9 DLR (SC) 117. ..Category: Criminal Law | Date: | Hits: 177
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......ourt High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Atiqur Rahman @ Milon and others………………………Petitioners Vs. The State………………………….Opposite party Judgment July 26, 2009. Result: The ..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
.... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ......Md. Abdul Mazid Miah……………………Petitioner Vs. Sree Shuvendu Sekhor……………………Opposite party Judgment March 2, 2010. Result: The leave is discharged. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings ..Category: Procedural Law | Date: | Hits: 163
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......give rise to further cause of action as cause of action as provided under sections 138 and 141 of the Act arises only for once. …………..(10) Cases Referred to- Habibur Rahman Howlader Vs. State 55 DLR 199; Habibur Rahman Howlader Vs. State 53 DLR (AD) 111. Lawyers Involved: Md. Ali..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
.... that the sizes of the cheques were slightly at variance. 7. The learned judge below after hearing submission and analysing the evidences decreed the case in favour of the plaintiff, with cost and interest @ 7%. 8. Before us Mr. Abdur Razzaq, appearing for the defendants/appellants, with his t......and vertically on the bank, because of the rule "Probandi necessitas incumbit illi qui agit," but also, as the House of Lords unequivocally ordained in the widely acclaimed case of R Vs. Secretary of State for Home Department ex-parte Khawja and Khera, 1984, AC 74, that although all questions in a c..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Farah Mahbub J Nadira Alam…………………………Petitioner Vs. State……………………………Opposite-Party Judgment March 11, 2010. Result: ..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....lly armed miscreants, in ground No.5 his activities are alleged to have become threat to the sovereignty of the State and in ground No.7 his activities have been termed as prejudicial to public interests and law and order. In ground No.6 a certain G.D. Entry relating to the detenu has been dis......t a lawful order has also been illegal………………………(10) Lawyers Involved: S.S. Halder, Advocate —For the Petitioner. Md. Delwar Hossain, Assistant Attorney General—For the State. Writ Petition No.221 of 1989. Judgment Naimuddin Ahmed J. - By this application unde..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......e same on merit. The order passed by the learned Sessions Judge dismissing the appeal summarily on the ground of limitation is set aside.…………….(7) Cases Referred to- Md. Sabuj Vs. The State, 40 DLR 150; Hajari Shafi and others Vs. Ramasis Thakur and others, 1970 (Pat.) 89. Lawyers..Category: Criminal Law | Date: | Hits: 110
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