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Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
.... Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......83 of 1999 are dismissed. The First Appeal No.99 of 1999 is allowed. On adverse possession Adverse possession must be actual, visible, exclusive, hostile, notorious and confined during the time necessary to create a bar under a statute of limitations and it must be adequate in continuity,......otoriously, continuously for above than 12 years and thereby got actual and exclusive possession over the suit land. By such invasion of the rights of the true owners, gave them a cause of action for recovery of khas possession at once. Plaintiff in fact acquired title by adverse possession which ca......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
.... I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......Criminal Procedure under which an application for revival of the case can be permitted to be filed. There is no power available to the High Court Division even to direct fresh or further trial if the time as stipulated under section 339C Cr.P.C. runs out. ……………………………(5) Some......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....t at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......ted on behalf of appellants. 19. Learned Assistant Attorney-General submits that accused Daud, being full brother of Jamir, had no reason or ground to remain absconding after occurrence for a long time if he knew himself to be unconcerned and unconnected with the offence alleged. He shows from th......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..Category: Criminal Law | Date: | Hits: 93
....lso Reported in: 55 DLR (HCD) (2003) 691.
......VAT, National Board of Revenue) wrote to the VAT Commissioners and Customs Commissioners that the matter of VAT imposition was being re‑examined by the National Board of Revenue and that in the meantime pending bills of the PSI Agencies should be paid on condition that they would clear all VAT due......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
..
Category: Fiscal/Taxation Law | Date: | Hits: 119
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....CD) (2008) 152. ...... The learned Judge should inform the higher authority of the Police Department about their failure to bring the prosecution witness before the Court for holding trial within the prescribed period of time. No process of the Court got any importance for execution by the Police so long……………â......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......ersonnel arrested the accused appellant Md. Farid Hossain and recovered one foreign made revolver on the basis of secret information. Since the accused could not show any license for keeping the fire arms, he was taken in to the custody and F.I.R. was lodged under section 19A of the Arms Act on 18.9..Category: Criminal Law | Date: | Hits: 92
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....orted in: 13 MLR (HCD) (2008) 132. ...... upon her full sister, thereafter Sakhina died leaving her daughter, plaintiff No.2 and thereafter Ziaullah died leaving one son Ilyasuddin and one daughter Meherunnessa and Elimuddin during his life time settled .66 decimals of land from plot No.1 and 2 of Ka schedule and Kha schedule properties by......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....iable Instruments Act, 1881 (Act No. XXVI of 1881); section 138 The criminal case should be disposed of with the least possible delay. Even mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take in...... When the accused petitioner was, examined under section 342 of the Code of Criminal Procedure, the accused-petitioner expressed a desire to adduce defence witnesses and took adjournment, but at that time it was not disclosed that stay of the proceeding was necessary till disposal of a Civil Suit. A......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ..Category: Procedural Law | Date: | Hits: 128
.... Original Jurisdiction)
Present:
Md. Imman Ali J
Md. Ashfaqul Islam J
Mahbubul Alam (Md.)………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rule is......Public Servants (Retirement) Act, 1974. Section 9(2) which runs thus:
"The Government may, if it considers it necessary in the public interest so to do, retire from service a public servant at any time after he has completed twenty-five years of service without assigning any reason."
So, from......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
..
Category: Administrative Law | Date: | Hits: 494
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....rt records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ...... Thana and later on, he came to know that they were not the actual police and that he knows nothing more than this. 17. P.W. 6, Dr. Mizibul Haque, was RMO Shariatpur Sadar Hospital at the relevant time. He examined the victim on 15-10-1999 and found that the victim Raihana Khatun was raped. He al......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..Category: Criminal Law | Date: | Hits: 74
.... of Land, Government of the People's Republic of Bangladesh and others …………………………..Respondents
Judgment
June 4, 2008.
Result:
The Rules are discharged.
Once compensations have been paid there remains no right in the petitioner to get back the land acquired. Proper......ing land in order to establish the headquarters for the Rakkhi Bahini. By the two petitions for amendment, the petitioners drew our attention to the fact that two LA cases were proceeding at the same time in respect of the same property and also that the Rakkhi Bahini for whom the land vas proposed ...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....titioners Vs. Election Commission for Bangladesh and others………………….. Respondents Judgment December 4, 2008. Result: All the Writ Petitions are discharged. Interpretation of statutes The Court, in all ways, must avoid in giving interpretation which would go to ......tory public authority from contesting the election of Member of Parliament and Explanation I to the said Article 12 of PO 155 of 1972 has provided that to be an "office of profit" he is to be in full time service. In this regard on drawing attention to section 46 of the Ordinance No. 16 of 2008, the......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..Category: Constitutional Law | Date: | Hits: 466
....6 of 2009)
Vs.
Government of Bangladesh and others…………………………Respondents
Judgment
November 24, 2009.
Result:
The Rules are discharged.
Principle of Interpretation of Statute
It is the cardinal principle of interpretation that a provision of a statute has......e used to defeat the other provisions unless the Court, in spite of its efforts, finds it impossible to effect reconciliation between them.
(3) It has to be borne in mind by all the Courts all the time that when there are two conflicting provisions in an Act, which cannot be reconciled with each ...... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
...... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
..
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....116; Bond vs. The Overseers of the Parish of St. George, Hanover Square, Law Reports, Court of Common Pleas, Vol VI 1871 312. Lawyers Involved: Dr. Kamal Hossain with Md Ramzan Ali Sikder, Advocates - For the Petitioner. K S Nabi, Attorney-General - For the Respondents. Writ Petition No.......arty must possess at least a sleeping apartment but that an uninterrupted abiding at such dwelling is not a requisite, and that absence, no matter how long if there be the liberty of returning at any time, and no abandonment of the intention to return whenever it may suit the party’s pleasure or c......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....te Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ...... work of the contract with due diligence and proficiency but the defendants were finding faults with the plaintiff without any rhyme or reason. Subsequently, on the mutual consent of the parties, the time schedule for completion of the work on the project was extended. It has been contended that the......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)
....r, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ..Category: Criminal Law | Date: | Hits: 79
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
....d. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......cannot get any relief against her and so the defendant No.6 prayed for dismissal of the suit. 7. The suit came up for trial before the Court of learned Assistant Judge, 1st Court, Dhaka and at the time of trial one Humayun Kabir Khan Government Officer examined himself as P.W.1 at his own initiat......ovember 23, 2011. Result: The Rules are made absolute. When the defenÂdants have already taken possession, a suit for permanent injunction is not maintainable. The plaintiff is to pray for recovery of possession………………………………(34) Cases Referred to- Abdul Quddu...... Court, Dhaka in Title Suit No.181 of 1994 are hereÂby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....t Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Sadiul Alam……………………………….Petitioner Vs. State…………………………………Opposite Party Judgment January 11, 2012. Result:......hat the First Information Report does not contain any averment to the effect that the accused-petitioner and others promised to pay the loan amount to the informant-bank within a specific periÂod of time and that the accused-petitioner and others made inducement for getting the loan money from the ......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....ioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Result: The Rule is discharged. Cases Referred to- Balakrisha Chetty and sons Vs. State of Madras, AIR 1961 (SC) 1152; 14 BLD 450; 14 BLD 413; 47 DLR 18; Adnan Afzal Vs. Sher Afzal, 21...... Assistant Judge in Title Suit No.1 of 1989 should not be set aside. 2. The short fact leading to this Rule is, that the opposite party was married to the petitioner according to Hindu Law. At the time of marriage the father of the opposite party gave Jautuk to the present petitioner and a son an...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....) 364. ...... the transaction which resulted in his death, in cases in which the cause of that person's death comes into question is admissible in evidence being relevant whether the person was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceedi......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....nicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......Ministry of Industries, 7 BLT (AD) 313; Mirzaboo Steels Ltd. Vs. Bangladesh, 59 DLR 141. Lawyers Involved: Raisuddin Ahmed with Md. Arshadur Rouf (present at the hearings but not present at the time of Judgment) Advocates — For the Petitioner. Abdur Razzaque Khan with Md. Nesar Ahmed, Adv......n to a healthy unit of industry and sustained heavy loss. Meanwhile, the Bank as plaintiff instituted Artha Rin Case No. 30 of 1991 before the Artha Rin Adalat No. 1. Dhaka (in short, the Adalat) for recovery of its outstanding dues of Taka 75, 56,661.28 against the petitioner. The petitioner filed ......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ..Category: Constitutional Law | Date: | Hits: 334
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