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Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ...... not given any opportunity of being heard before declaring the case land as enemy and or vested property and further the names of the appellants being mutated as back as 1978 and they having paid rents and their names being receded in the hal record of right the respondents illegally evicted t..Category: Property Law | Date: | Hits: 40
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....and lodged FIR dated 6.11.2002 with the Officer-in-charge, Demra Police Station. 3. The police during investigation arrested the aforesaid three petitioners whereupon they made confessional statements implicating themselves. The police thereafter submitted charge sheet dated 19.11.20......al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ..Category: Criminal Law | Date: | Hits: 25
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....ons. 4. During investigation, the 6 condemned prisoners namely, Ekramul Hossain @ Anis, Sukur Ali, Minarul Islam @ Minu, Shajibal Islam, Kablu and Tajibul Islam made confessional statements under Section 164 of the Code of Criminal Procedure recorded by P.W.3 Taposh Kumar Bashu......ner Minarul Islam @ Mina and they got themselves married on the basis of a kabinnama at Dhamurhuda Kazi Office beyond the knowledge of both the families about one year before the occurrence. Parents and other relatives of Minarul Islam did not approve the marriage and after the marriag..Category: Criminal Law | Date: | Hits: 33
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
....uts thereon and they did not vacate the suit land inspite of repeated requests and hence the suit. The defendant Nos.1-8 and defendant No.11 contested the present suit by filing two sets of written statements and Jogesh Chandra Barai, who was added as defendant No. 14 in the present suit, also f......sh Chandra Barai through four registered deeds of sale out of which three were registered on 20.8.1979 and the remaining one on 20.11.1979 and their names have also been mutated and they also paid rents and taxes; the High Court Division, after hearing, by judgment and decree dated 13.11.83..Category: Property Law | Date: | Hits: 24
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
....firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ......Khatian No. 30 form the legal owners of the land and have been possessing the same for more than 30 years by constructing tinshed and also establishing therein a rice and flour mills and on paying rents and taxes; the plaintiff has got no land and structure in the suit land; the defendant No.6 h..Category: Property Law | Date: | Hits: 23
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....t only the respondent No.3 executed and registered a sale deed in respect of his portion of the suit property and the petitioners refused. The petitioners contested the suit by filing written statements contending that the suit property is an ejmali property with a two storied building stan......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ..Category: Property Law | Date: | Hits: 26
Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)
....ef Metropolitan Magistrate, Dhaka on 29.07.2001 against the accused petitioner alleging, inter alia, that the accused petitioners published a leaflet date 06.07.2001 contending false and defamatory statements and the leaflet was distributed among the members of the aforesaid Housing Society.......s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ..Category: Criminal Law | Date: | Hits: 42
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....he accused and was rushed to the hospital for treatment and was admitted there for treatment. 12. It further appears though the Investigating Officer submitted a final report making lengthy statements, he admitted to have received the medical report as to the injuries on the person of th......ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ..Category: Criminal Law | Date: | Hits: 41
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....d but he has stated only that AH Mamud possessed the suit land for 3 years thereafter his sons did not possess the same but this statement has not been corroborated by any other witness. The statements of the D.Ws. also do not speak of surrendering possession of the suit land in favour of......f law under the government." 17. In view of the materials on record we hold that as M.R.R. Khatian appears to have been recorded in the names of the defendants they could pay rents in respect of the suit land for some period and mutated their names but the defendants f..Category: Property Law | Date: | Hits: 22
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
....ned by the investigating officer (P.W.14) after a period of 277 days, 377 days and 398 days respectively after the occurrence that took place on 06.04.1997 and as such the statements of these witnesses cannot be accepted but the trial court relied upon their evidence in ...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ..Category: Criminal Law | Date: | Hits: 36
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....der of detention, the Secretary of the Anti-Corruption Commission issued a notice under section 26 of the Anti-Corruption Commission Act, 2004 directing him to submit his and his family’s wealth statements within 72 hours. Being constrained and finding no other alternative the respondent ins......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....BLD (HCD) 477 and 9 BLC (HCD) 668, the instant case before the Special Tribunal against the petitioner is liable to be quashed. 8. The High court Division in the background of the statements made in the application filed under Section 561A of the Code of Criminal Procedure and t......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ..Category: Criminal Law | Date: | Hits: 38
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
....e No.5 dated 31.5.1985. 3. The police took up investigation of the case and visited the place of occurrence and seized alamats and prepared sketch map with a separate index and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and finally su...... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
.....1751 of 1992. The High Court Division by the impugned judgment allowed both the appeals and acquitted the convict-appellants. 5. Leave was granted to consider the submission that in view of the statements of P.Ws.6, 10 and 11 that the accused Azahar called the deceased from his house and took ......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ..Category: Criminal Law | Date: | Hits: 26
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....Appellate Division is an error on the face of the record and needs to be reviewed. He next submits that this Division while giving the aforesaid judgment appears to have failed to consider the statements made in General Diary No. 2474 dated 28.3.2002 by the respondent No. 1 which is inc......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..Category: Criminal Law | Date: | Hits: 32
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ...... plaintiffs have been in continuous possession of the suit land and both the S.A. and the R.S. Khatians were recorded in the name of the plaintiffs. The plaintiffs also paid upto date rents in respect of the suit land. The trial court found that the land revenue of the suit land ha..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......therefore, could not discharge the onus that they repaid the entire consideration money of Nur Mohammad Khan and got back possession of the suit land from Nur Mohammad Khan and they also paid rents for the suit land. The learned Additional District Judge noticed that the plaintiff produced ..Category: Property Law | Date: | Hits: 19
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....fendants of the said partition suit and they did not appear in the said partition suit and after filing of the present suit collusively with the defendant No.1 the plaintiffs filed the written statements in the said partition suit and the present suit has been filed collusively with ill-int......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..Category: Property Law | Date: | Hits: 25
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......95 acres of land in the year 1330 BS and the father of the plaintiff Nos. 4 and 5 also took settlement of 11.89 acres of land on 28-3-1912 and they have been possessing the same amicably by paying rents to the ex-landlords and that during SA operation the suit land being wrongly recorded in the ..Category: Property Law | Date: | Hits: 28
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
.... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......d that the plaintiffs were dispossessed by the defendants and the defendants were not in possession of the said 72 ajugantsha land owned by the plaintiffs. The plaintiffs mutated their names and paid rents in respect of entire 200 ajutangsha land and the rent receipt also shows that entire 200 ajuta..Category: Property Law | Date: | Hits: 28