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Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......s under section 5(2) of the Prevention of Corruption Act 1947 and section 161 of the Penal Code triable exclusively by a special Judge. Section 4(1) of the Criminal Law Amendment Act, clearly confers jurisdiction on the Special Judge for taking cognizance and this position of law has been set at res..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......d to purchase or acquire land within the maximum ceiling as set out in section 90 of the SAT Act but mere omission to make an assertion in his application or to adduce evidence to this effect, in the absence of any averment to the contrary, will not render his application liable to be dismissed. It ......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......in possession in respect of a part of the suit land, having been dispossessed after the filing of the suit, the present suit for declaration will not be hit by section 4 of Specific Relief Act in the absence of the prayer for recovery of khas possession by amending the plaint. It is urged by the lea......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
....of her status quo order from this Court how could the learned Subordinate Judge pass a further order staying the whole proceeding of Execution Case No.6 and 7 of 1994. This order of the learned Judge totally negates the above order of this High Court Division. The learned Subordinate Judge has passe...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ..Category: Procedural Law | Date: | Hits: 69
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......e Court, of Sadar Upazila, District Noakhali, in Village Court Case No. 21 of 1990 in respect of 0.27 acres of land out of 0.57 acres described in schedule of plaint is illegal, collusive and without jurisdiction. 3. The plaintiffs case, put in a nutshell, is that one Misrijan Banu was the origin..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....ire case is vitiatedon that score. He placed reliance on the decisions of State Vs. Azahar Gazi - 23 DLR 32 and Abdul Aziz Vs. SekandarAli - 50 DLR 111 on the point. Next he submits that this case is totally based on circumstantial evidence as there is no eye witness to the occurrence. Only taking i......ce in the party to which he belonged. He further denied other defence suggestions as well. 23. P.W.12 Saleha Khatun is the wife of the deceased Hairder Ali. In her evidence she deposed that in the absence of her husband the appellant came to the house and asked about her husband Haider to which s...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......taking cognizance dated 18-4-1993 against and on 7-6-1993 the accused-petitioner again filed an identical prayer which was also rejected. 4. Thereafter accused-petitioner jumped upon to invoke the jurisdiction under section 561A of the Code of Criminal Procedure to quash the proceeding on 4-7-199..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ...... 13. We consider it pertinent to mention that the offences of "criminal breach of trust" and "cheating" as defined in sections 405 and 415 respectively of the Penal Code arc often misconceived in our jurisdiction. This misconception leads to making allegations and taking cognizance of those two offe..Category: Criminal Law | Date: | Hits: 66
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
....ba Bill Ewaj deed dated 26.06.1984 and also transferred .68 decimal land to defendant Nos.21-27 by a Heba Bill Ewaj deed No.3321 dated 26.06.1984. Thus the defendant No.40's share in suit jote was in total 1.74 decimals. The plaintiff filed the suit to remove the cloud cast upon their title in the s...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......on to accept the deficit Court fees and pass Judgment afresh. On considering the plaint and statements of the witnesses the appellate Court took positive decision which at this stage under revisional jurisdiction there was no reason to interfere. The rule has no merit. 9. In the result, the rule ..Category: Property Law | Date: | Hits: 48
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....en any Court finds an accused guilty of an offence and, upon conviction, sentences such accused to any term of imprisonment, simple or rigorous, it shall deduct from the sentence of imprisonment, the total period the accused may have been in custody in the meantime, in connection with that offence. ......trospectively. 32. In Momen Abdul Karim Haji Tayab Vs. Deputy Custodian General, New Delhi and others it has been stated by Supreme Court of India that procedural amendments to a law apply, in the absence of any thing to the contrary, retrospectively in the sense that they apply to all actions af......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
.... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ..Category: Criminal Law | Date: | Hits: 39
Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)
....tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ..Category: Property Law | Date: | Hits: 64
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....ee-applicant made investment towards construction of seven storied residential building, located at O.R. Nizam Road, Chittagong and the local report conducted by the Inspector of Taxes shows that the total cost of the building construction was at Tk. 2,11,31,485.00. The Assessee-applicant declared t......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 83
....a shall be decided by the Revenue Officer. Sub-sections (4), (4A) and (5) make provisions for exclusion of certain classes of lands held in khas from being acquired by the Government, even though the total area held in these cases exceeded the maximum retainable limit under sub-section (2) such as:(......red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
...... Plan (DMMP)
20. In exercise of powers under section 73 of the Town Improvement Act, 1953 the DMDP was prepared authorizing the Kartripakha (RAJUK) to prepare Master Plan for the area within its jurisdiction including the manner in which the lands should be used. Sub- section (2) provides that ..
Category: Environmental Law | Date: | Hits: 434
....is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......section 7/8/9 and 10 of the Chittagong Hill-tracts Regulation, 1900 which reads as follows:
Section 7. The Chittagong Hill-tracts shall constitute a district for the purposes of criminal and Civil jurisdiction and for revenue and general purpose, the 1 [Deputy Commissioner] shall be the District ..
Category: Civil Law | Date: | Hits: 74
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ..Category: Criminal Law | Date: | Hits: 62
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....of 1981 in the Court of learned Munsif, Satkhira impleading the opposite parties as defendants praying for a decree for title and confirmation of possession in the suit land stating, inter alia, that total khash land measuring about 2.08 acres as described in CS Khatian Nos, 2862, 2794, 742 and 2046......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ..Category: Property Law | Date: | Hits: 57
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
.... 17½ decimals of land of C.S. plot no.88 as described in the schedule of the plaint (hereinafter referred to as the "suit land") asserting, inter alia, that the owners of C.S. plot no.88 measuring a total area of 35 decimals were Sk. Rahamali and Sk. Amudali in equal share. By amicable partition, S......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......n to find out Second-opposite party of Preemption Miscellaneous Case to effect service upon him and he should have guaranteed proper inquiry in respect of whereabouts of Second-opposite party. In the absence of any attempt on part of process server D.W.3 for causing personal service upon Second-oppo......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..Category: Property Law | Date: | Hits: 64
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