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Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)

....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......Subsequently on 8-12-1991, the informant and other witnesses recovered the victim from the house of a tahsilder of village Forhadpur within Naogaon District. On 10-12-91 the Upazila Magistrate Tanore recorded the statement of the victim under section 164 of the Code of Criminal Procedure (Annexure C......quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25...

Category: Criminal Law | Date: | Hits: 50

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

....kha” on 2.2.2010 and 4.2.2010 respectively. In response thereto he participated in the auction bid quoting Taka 26,80,000/= and became the highest bidder. He deposited Taka 6,70,000/= on 28.2.2010 (wrongly typed as 28.10.2010 in the affidavit-in-opposition) and paid rest of the consideration (Taka...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 183

Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)

....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......s numbered as Civil Revision No.627 of 1988. Subsequently it was renumbered as Civil Revision No.8346 of 1991, possibly on transfer from Rangpur Bench, although the reason for such renumbering is not recorded. Today it is posted in the cause list and called for hearing, but no one appears for either......e record to the Court below immediately. Ed. This Case is also Reported in: ......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 54

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......efit of the Court, as in the case of borough and city Courts of record. The proceedings of a Court of record preserved in its archives are called records, and are conclusive evidence of that which is recorded therein." 19. Corpus Juris explains the expression as follows: "A Court of Record ha......Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..

Category: Criminal Law | Date: | Hits: 163

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....of justice and for proper and effective adjudication of the suit. It is clear from the above that the learned Subordinate Judge has committed an error of law in the exercise of his discretion and has wrongly rejected the prayer for reception of the documents in question subsequently in Court by a fi......995 was not placed before the learned Subordinate Judge who submitted that though from the order dated 9-4-1995 it is seen that the order allowing the prayer of the plaintiff to produce documents was recorded in the body of the application but from the certified copy of the said application (Annexur......he discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ..

Category: Civil Law | Date: | Hits: 90

Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)

....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330....... that the bus involved in the accident bore registration No. Mymensingh BA-191. 23. P.W.6 Daroga Tamij Uddin visited the place of the occurrence, seized alamats of the case, examined witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and on completion of t......rve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330...

Category: Criminal Law | Date: | Hits: 37

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....ars that subsequently another application was filed before Deputy Commissioner of Customs on 27th of April, 1998 for amendment of IGM wherein it has been stated that due to mistake suppliers name was wrongly inserted as Unipex Knit Ware Ltd. which should be, in fact Shawan Apparels Ltd i.e. the peti......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ...... Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....the name of Moulvi Ibrahim, the Mutwalli. The stand taken by the defendants is that during the State Acquisition Record of Right 0.0180 acre of land stood recorded in the name of the plaintiff School wrongly and the Record of Right had been prepared by the plaintiff in collusion with the settlement ......, in the exercise of supervisory power under section 115 of the Code, I propose to dispose of the Rule on merit. 2. The subject matter of challenge in this Rule is an order dated February 17, 1999 recorded by the learned Additional Assistant Judge, Court No. 4, Dhaka in Title Suit No. 58 of 1998 ...... St Francis Xavier’s Girls High School……………Opposite Party Judgment August 12, 1999. Cases Referred To- Darshatullah vs. Manik Mondal and others, 1984 BLD (AD) 234 and Safaruddin and others vs. Fazlul Huq and others, 49 DLR (AD) 151. Lawyers Involved: Not Represented ......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ..

Category: Property Law | Date: | Hits: 68

Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)

.... Send 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 (1999) 544.......n the present informant visited the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to morgue for holding post-mortem examination, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure, arrested the accused ......of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544....... Send 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 (1999) 544...

Category: Criminal Law | Date: | Hits: 32

Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)

....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......to Safaruddin Faraji, Alimuddin settled 2.71 acre of land to Olimuddin who died leaving a son Mahajuddin, daughter Laxmi Bibi and wife Shajal Bibi. During CS operation the said 2.71 acres of land was recorded in the name of Menhajuddin and Laxmi Bibi in CS Khatian No. 689. Plaintiff No. I is the son......……..Opposite Parties Judgment March 3, 1999. Cases Referred to- Nibaran Chandra Ghosh and others vs. Pratap Chandra Chowdhury and others 44 CWN page 141; Janaki Nath More vs. Prabhasini Dasee ILR 43 Cal 178; AIR 1937 (All) 176, Bishan Dayal vs. Kesho Prasad; AIR 1937 (Patna) 324 Na......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522...

Category: Property Law | Date: | Hits: 98

Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)

....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......ul authority and is of no legal effect. 2. The case of the petitioner is as follows: 71.25 acres of land under SA Khatian No.2 under Mouza Balabunia, Police Station-Dumuria, District Khulna was recorded Nripendra Nath Ghosh, Hemandra Prasad, Subhash Prasad, Narayaan Chandra Chowdhury, Mrinal M...... and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ..

Category: Property Law | Date: | Hits: 107

Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)

....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......Alam (Md.)…………………………..………..Appellant Vs. Md. Shahidur Rahman and others…………..Respondents Judgment February 9, 2003. Cases Referred To- Md. Shafiuddin Chowdhury Vs. Md. Abdul Karim and others, 52 DLR (AD) 41; Sunil Krishna Banik and others Vs. Kail...... for the purpose of disposal of this appeal, in short, are that 0.0913 acre of land appertaining to plot No. 4376 of CS Khatian No.883 and 0.1087 acre of land appertaining to plot No. 4376/4403 of CS khatian No. 881 (both the khatians now corresponding to RS khatian No.757), containing 0.20 acre of ..

Category: Property Law | Date: | Hits: 53

Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)

....here was no eye‑witness in the case. He submitted that the appellant Abdur Rouf lost both of his eyes. He could not move without the help of others. The learned Additional Sessions Judge therefore, wrongly convicted and sentenced him. Lastly, he submitted that the circumstantial evidence on record......he place of occurrence, prepared a sketch map of the place with separate index and examined witnesses Abdur Rahman, Giasuddin Master, Bhanumati, Khadaja Begum, Mumtaj Begum, Abdus Sattar Howlader and recorded their statements under section 161 of Code of the Criminal Procedure. 26. PW 12 Iman Hos...... the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ..

Category: Criminal Law | Date: | Hits: 44

Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)

....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......Reported in: 54 DLR (2002) 606.......s. 2 and 3 and ex parte against others without costs, and the trial Court found that the plaintiff opposite party No. 1 is entitled to get a separate allotment for .0402 acres of land out of the suit khatian and also 1/6 the share of the building standing on the suit land, and defendant No. 1 petiti..

Category: Administrative Law | Date: | Hits: 210

State Vs. Alal Mia and others, 2010, 39 CLC (AD)

....f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013.......ted 25.09.2002 and started investigation. The investigation officer visited the place of occurrence, prepared sketch map of the place of occurrence with index. Subsequently, the investigation officer recorded the statement of the witnesses under Section 161 of the Code of Criminal Procedure. During ......issions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013.......f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013...

Category: Criminal Law | Date: | Hits: 46

Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......pre­emption was barred by limitation and also barred by the provisions of waiver, estoppel and acquiescence and the same was bad for defect of parties. The pre-emptors failed to implead all the S.A. recorded tenants as party in the instant application. They negotiated the trans­action. The pre-emp......y, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......e above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006...

Category: Property Law | Date: | Hits: 39

Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)

....a’s title nor Abdul Huq Bepari's title was disputed at any point of time. It is more than 60 years after exercising such title and possession, the defendants came up with a case that the lands were wrongly recorded in the name of Tanu Miah and disputed about title of Tanu Miah, although Tanu Miah'......ssed by the Assistant Judge, Lakshmipur Upazila in Title Suit No. 4 of 1983 by decreeing the suit. 2. The facts involved in the case, in short, are that the plaintiff stated that Tanu Miah was the recorded owner of the suit plot. The lands were sold in auc­tion as Tanu Miah failed to redeem the ......gly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 998.......endant Nos.1, 3 and 4. The heirs of Kala Miah never chal­lenged the title of Tanu Miah or Abdul Huq Bepari at any point of time. Tanu Miah alone exercised his title in the suit lands and the C.S. khatian was prepared in his name. Tanu Miah as exclusive owner mortgaged the suit lands with Abdul H..

Category: Property Law | Date: | Hits: 47

Government of People's Republic of Bangladesh Vs. Mohammad Alamgir Hossain and others, 2009, 38 CLC (AD)

....eals and affirming the judgment and decree of the trial Court. We find no substance in these peti­tions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 968.......t the suit land was acquired in the year 1957 for the extension of agriculture in the name of Agricultural Directorate at the office of Thana Agricultural Officer, Bogra and the land has been rightly recorded in the Khatiji Khatian in the name of Agricultural Extension Office. 5. The suit was dec......no substance in these peti­tions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 968.......eals and affirming the judgment and decree of the trial Court. We find no substance in these peti­tions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 968...

Category: Property Law | Date: | Hits: 44

Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)

....decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960....... 3. The defendant Nos.1-6 contested the suit by filing written statement denying the averments made by the plaintiffs in the plaint as to ownership of the suit land asserting that the suit land was recorded in the name of Nani Gopal Chowdhury and Joy Gopal Chowdhury and others and after the death ......ion is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960.......decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960...

Category: Property Law | Date: | Hits: 51

Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)

....ssion in the suit land and it is to be mentioned that during the preparation of last S.A. record of right, the name of Ausha Miah, the predecessor-in-interest of the principal defendant Nos. 1-4, was wrongly recorded in fact Ausha Miah had never been in posses­sion of the suit land and the Governme......r C.S. Dag No.110 to his daughter Payrun Nessa Bibi and his wife Rupjan bibi and after the death of Bangu Sheikh, 64 decimals land under C.S. Dag No.33 and 55 decimals land under C.S. Dag No.110 were recorded in the name of Payrun Nessa Bibi and the rest 194 dec­imals land was recorded in the name ......gly, the petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 945. ...... above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 945. ..

Category: Property Law | Date: | Hits: 47