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Santosh Mia Vs. State, 1989, 18 CLC (HCD)

.... under section 302 but subsequently it was altered to one under section 304 Part II and was found guilty of the charge and convicted thereunder and sentenced to suffer R.I. for 2 years. 2. At the time of admission of the appeal the sentence was considered by this Court to be grossly inadequate a......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..

Category: Criminal Law | Date: | Hits: 118

Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)

....efendant No.5 Abdul Jalil who in his turn purchased from Kumar Gourish Chandra Roy. The plaintiff alleged that the suit land was used by Sree Kumar Gourish Chandra Roy and the defendant No.1 from the time of their predeces­sors as the only linking pathway linking their homestead with Roynagar Munic...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..

Category: Civil Law | Date: | Hits: 189

Arshad and others Vs. State and another, 2010, 39 CLC (HCD)

....tions 406/420 of the Penal Code, pending in the Court of Senior Judicial Magistrate, Manikganj, should not be quashed or any other order passed as this Court may deem fit and proper. 2. In the meantime, further proceedings of the above mentioned case was also stayed initially for a period of six ......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..

Category: Procedural Law | Date: | Hits: 108

Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)

....sistant Judge, 1st Additional Court, Dhaka in Title Suit No.45 of 1991 should not be restored and such other or further order or orders passed as to this Court might seem fit and proper. 2. At the time of issuance of the rule the operation of the impugned judgment and decree dated 10-6-1999 was s......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ..

Category: Civil Law | Date: | Hits: 153

Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)

....used to stay with his wife. During continuance of the marriage, a son being plaintiff No.1 Muklesuzzaman-al-Wadud alias Sumon was born within one year. They had a happy conjugal relationship for some time. But it turned sour in Baishakh 1389 BS when defendant's father started demanding a dowry of Tk......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ..

Category: Family Law | Date: | Hits: 246

Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)

....be prevailed. Section 48 of the Transfer of Property Act creats a priority of right to transfer property wherein the maxim "qui prior est tempore potior est jure" means that who is present before the time has the better right i.e. the trans­feror cannot prejudice the right of the transferee by any ....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ..

Category: Property Law | Date: | Hits: 134

Md. Monowarul Hoque Vs. Government of the People's Republic of Bangladesh, and others, 2007, 36 CLC (HCD)

....survey in respect of the suit land in the name of Government is hereby declared incorrect and wrong: and must be corrected in the name of plaintiffs. 17. Order of status quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated. Send down the records at on......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 273. ..

Category: Property Law | Date: | Hits: 100

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

....rises the Chief Metropolitan Magistrate to exercise within the local limits of his jurisdiction all the powers conferred on him or on a Metropolitan Magistrate under the Code or under any law for the time being in force and with the previous sanction of the Government, he may make rules consistent w......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..

Category: Criminal Law | Date: | Hits: 114

Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....Ain, 2002, will get similar opportunities to defend himself like an accused facing trial in the other Courts from where the cases were transferred to the Tribunal. Departure of 135 days in respect of time-frame as given in the Ain will not affect the petitioners when the other conditions relating tr......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ..

Category: Criminal Law | Date: | Hits: 177

Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)

....ve point when learned Advocate for defendant no.2 as appellant-petitioner Momtaz Uddin was enquired by this Court about the original kabala dated 10.5.68, learned Advocate frankly informs that at the time of sole of the land to defendant no.2 Momtaz Uddin, Samchia did not hand over original kabala d......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ..

Category: Procedural Law | Date: | Hits: 118

Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)

....ized goods and the articles were seized from his control and possession and if it is found that the seized goods are perishable and its value would be diminished if it is remained in custody for long time or the applicant will unnecessarily incur heavy loss if the seized goods are not released in fa......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ..

Category: Procedural Law | Date: | Hits: 142

Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)

....n rejected. We find substance in this Rule. 5. Accordingly, the Rule is made absolute without any order as to costs. The order of the Executing Court is set aside. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated and the Executing Court is directed to d...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..

Category: Procedural Law | Date: | Hits: 128

Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)

....tial cum-commercial house at 69/D, Green Road, Police Station, Dhanmondi, Dhaka for running Theol Medical College and Hospital there. The accused petitioners subsequently left the building and at the time of leaving the building issued cheque No.1246765 dated 25‑1‑2001 for Taka 2,75,000/‑ whic...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ..

Category: Civil Law | Date: | Hits: 163

Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)

....those two cheques with complete honesty and diligence without any negligence. They had taken all necessary steps to bring the matter to the knowledge of the law enforcing authority without wastage of time. The bank followed provisions of the Negotiable Instruments Act, 1881 when it paid the money, c......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..

Category: Criminal Law | Date: | Hits: 130

Nadira Alam Vs. State, 2010, 39 CLC (HCD)

....f the cheque unpaid by the drawee bank, (v) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount and (vi) failure of the drawer to make payment within specified time of the receipt of notice. As per section 177 and 183 of the Code of Criminal Procedure if the a...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ..

Category: Criminal Law | Date: | Hits: 134

Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....e Special Powers Act, with the object of pre­venting commission of such "prejudicial act". Ground Nos.3,4, 5 and 7 are absolutely vague, in­definite and lacking in necessary particulars as to date, time and manner of involvement of the detenu in the activities constituting the said grounds so as t......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ..

Category: Criminal Law | Date: | Hits: 74

Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)

.... anor. ............Opposite Party Judgment April 2, 1989. Result: The Rule is made absolute. The Code of Criminal Procedure (V of 1989), sections 339B (1), 87 and 537. Though at the time of insertion of section 339B the lawmakers were aware about the existence of section 537 Cr.P.C......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ..

Category: Criminal Law | Date: | Hits: 110

Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)

....cret source that 5/6 armed terrorist assembled at Junaki road Ahmednagar Paikpara, Mirpur. On such information they reached there. Sensing presence of police the terrorist exploided two bombs. At the time of running away one accused named Md. Sayem Islam was caught with one dagger having 23" in leng......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ..

Category: Criminal Law | Date: | Hits: 103

Reliant Commodities & Technologies Pte. Ltd. Vs. Bangladesh Chemical Industries Corporation, 2007, 36 CLC (HCD)

....om a Chinese manufacturer as otherwise specifi­cally identified in each such contracts remained, however, unable to ensure the car­riage of the goods to Chittagong within the stipulated contractual time. It is stated that such inability was attributable primarily to civil commotion, strikes and la...... Orders previ­ously made in each of these cases by this Court are also accordingly maintained. 17. There are no orders as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 64. ..

Category: Alternative Dispute Resolution | Date: | Hits: 589

Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)

....jection, cross‑ examination of P.W.1 and Exts.'I' and A submitting that in spite of the objection taken by the pre-emptee‑petitioners with regard to the defect of parties at the earliest point of time the preemptor opposite parties impleaded only 3 persons, although they were not necessary parti...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ..

Category: Property Law | Date: | Hits: 155