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Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....e in ‘kha’ schedule property remains unspecified. Where the plaintiffs pray for declaration of title in respect of an unspecified area of land which relates to 8 annas interest out of a plot, the persons who are owners of the remaining shares of the plot are certainly necessary parties in order ......d all the necessary parties in the suit. The learned Advocate submits that the lower appellate Court failed to notice that in a suit for declaration to title necessary parties are those who denied or interested to deny the title of the plaintiff and, as such, non impleading of all the recorded tenan......own the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
....t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......e witnesses examined by the plaintiff are all independent, natural and probable witnesses and their evidence does not suffer from any legal infirmity.
26. On the other hand, the D.Ws. are not only interested witnesses but also they do not appear even to know the suit property. In this case, no wi......
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300...
Category: Property Law | Date: | Hits: 102
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... of Taka 1,72,00,000.00 from him for the purpose to start a business of iron materials. He gave the aforesaid amount on five instalments. Later on the informant demanded the money lent to the accused persons and the informant was told that repayment would be made through bank cheque and the cheque g...... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299.......rovides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299....... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299...Category: Criminal Law | Date: | Hits: 83
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....ned District Judge, is that the plaintiffs became owner of the suit land by purchase on the basis of registered kabalas but that the defendant No.1 was trying to lease out the suit land to some other persons and then the plaintiffs filed a non GR Case No.11 of 1983 under section 145 of the Code of C......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......e is also Reported in: 45 DLR (HCD) (1993) 675. ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
.... 20.5.54 Ext. 21(f) and Harendra Nath Saha on 20.5.54 Ext. 21(g), 450 bundles from Maliram Agar Walla on 1.7.54 Ext. 25 and 475 bundles from Nabi Hossain on 25.11.54 Ext. 21 (h); that the aforesaid 8 persons imported 420 bundles without import permit in contravention of import restriction and got th......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......r respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...Category: Fiscal/Taxation Law | Date: | Hits: 125
Mojibar Vs. State, 1998, 17 CLC (HCD)
.... trial all other accused are charged under sections 395/397 of the Penal Code to which they pleaded not guilty and demanded trial. Defence case is simply denial of the occurrence and that the accused persons are innocent and they have falsely been implicated in this case. Prosecution side examined 8......er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ..Category: Criminal Law | Date: | Hits: 78
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....atched away gold chain, Liton snatched 5,300.00 from his pocket and Lipo snatched away his Seiko 5 watch, Shiplo snatched away from his neck a golden chain. Accused Sohel, Mamun and other two unknown persons assaulted Khalil and Mitho causing seriously injuring to them when Mamun snatched away Taka ......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......nd the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506...Category: Criminal Law | Date: | Hits: 84
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....that police of Batiaghata PS on receipt of an information that some dacoits would assemble at Jalma Ferry ghat for commission of dacoity in Dacop area, went to that Ferry ghat and when they found 5/6 persons boarding a trawler, suspected them to be members of the gang of dacoits and officer-In-charg...... other appellant under paragraph 6 of the above Act is also illegal. Mr. Huq has also submitted that the evidence of the Investigating Officer and the informant cannot be relied upon as they are most interested witnesses. Lastly, he has argued that the prosecution could not take any steps to ascerta......Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...Category: Criminal Law | Date: | Hits: 59
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....hey pleaded not guilty and demanded trial. 5. Prosecution examined fourteen witnesses and all of whom were duly cross examined by the defence. After close of the prosecution witnesses, the accused persons were examined under section 342 of the Code of Criminal Procedure to which they repeated the......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......s judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488...Category: Criminal Law | Date: | Hits: 70
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....his Rule arises out of an order dated 14-9-92 passed by the Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.393 of 1987 exempting the plaintiff from the necessity of impleading 36 persons as defendants in the suit. 2. Short facts relevant for the purpose of the case are that o...... will. Of course, under Order 1 rule 10 of the Code of Civil Procedure the Court has the power at any stage of the proceedings to make any person, either on its own motion or on the application of an interested party, a defendant in the suit whose presence is considered necessary for complete and ef......es Referred to- Md. Shahidul Alam Khan and others Vs. Md. Gulzar Alam and others, 1984 BLD 21 = 36 DLR 290; Mir Shariatullah Vs. Abdur Rahman Bepary and others 8 DLR 645; Shaimon Bewa Vs. Shafiruddin and others, 38 DLR 265. Lawyers Involved: Mohammadullah, Advocate - For the Petitioner. ......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ..Category: Procedural Law | Date: | Hits: 67
Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)
....he news items name of the reporter has not been published. Therefore, the Rule was issued only on the editors and publisher and printer. We can very much realise that the contemners have been used as persons by some unseen hands to make the borrower a hero at the cost of honour and prestige of this ......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485....... judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485.......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485...Category: Criminal Law | Date: | Hits: 69
Shaikh Jahangir Hossain Vs. Government of BanglaÂdesh and others, 2001, 30 CLC (HCD)
....rporations 1948 1 KB‑223 CA. 12. It appears that the railway authorities wanted to sell some of their unused lands by public auction and for that purpose they invited tenders from the interested persons for purchase of those lands. It is also admitted that the plaintiff submitted two tenders fo......dnesbury Corporations 1948 1 KB‑223 CA. 12. It appears that the railway authorities wanted to sell some of their unused lands by public auction and for that purpose they invited tenders from the interested persons for purchase of those lands. It is also admitted that the plaintiff submitted two......This Case is also Reported in: 55 DLR (2003) 405. ......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ..Category: Civil Law | Date: | Hits: 82
Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)
....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ..Category: Criminal Law | Date: | Hits: 69
.... one of its Division Benches in Writ Petition Nos.1522 of 2004 heard along with 99 other Writ Petitions and quoted a portion of that judgment as under:
"We hold that the regularization of other 99 persons has a presumption of correctness and respondents do not say that it was done illegally. From......e on proper appreciation of laws and facts do not call for interferÂence.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562.......ccordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562.......e on proper appreciation of laws and facts do not call for interferÂence.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562...
Category: Employment/Service Law | Date: | Hits: 66
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
....ations shall continues to be effective till a new settlement is arrived at or an award is given by the Labour Court. 12. Section 7 of the Payment of Wages Act, 1936 provides that wages of employed persons shall be paid to him without deduction of any kind except those authorised by or under that ......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284....... thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284.......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284...Category: Labour and Industrial Law | Date: | Hits: 168
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
....he recent Field Survey Like the previous years the complainant sowed Gabara and Nyatpasha paddy in the case land and it grew well and became ripe for harvest. At about 9-00 AM on 21-11-92 the accused persons by forming an unlawful illegally trespassed into the case land and dishonestly cut and took ...... 20. From the evidence discussed above, it is clearly found that the witnesses examined in the case are natural and probable witnesses. Moreover, P.Ws.2-5 are found to be totally independent and disinterested. All the P.Ws. uniformly and consistently proved that the complainant on taking settlemen......to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278....... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278...Category: Criminal Law | Date: | Hits: 73
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... (XXVI of 1957), hereinafter in brief the Act, asking the petitioner to submit statement of properties, movable and immovable, in his name or in Benami, in the name of his wife and in the name of the persons dependent on him as well as of liabilities in the prescribed form within the specified time....... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274....... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274...Category: Criminal Law | Date: | Hits: 62
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....w P.W.4 Asad came out of their house asked the said two accused why they had attacked Tofazzal. At this accused became agitated and asked accused to bring his gun from his house to finish time wicked persons. Then accused Feroja, wife of accused Kader brought out the gun and cartridges from their ho......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..Category: Criminal Law | Date: | Hits: 64
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
....attested the seizure list Ext. 1. We have already noticed that except vague suggestion made in cross examination to the P.W.1 of falsely implicating the accused in the case being unduly influenced by persons inimical to the accused there is no other suggestion of his oblique motive for falsely impli...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......ound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252....... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252...Category: Criminal Law | Date: | Hits: 73
....ahtabuddin Ahmed Vs. Principal Secretary, President’s Secretariat, Dhaka and others created a forum in each Ministry/Division to examine the undisposed of review applications filed by the aggrieved persons affected by MLO 9 within 10-11-86 that is, before the withdrawal of Martial Law. The said fo......˜without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......˜without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248...
Category: Employment/Service Law | Date: | Hits: 73
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