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Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)
....tition. It appears that some of the land was given to Bangladesh Betar. We do not understand why Government did not produce any evidence or adduce any witness. Mr. T.H. Khan, learned Advocate, at the time of hearing, produced a copy of the gazette notification of 1951 but this Gazette does not refle......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....f 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......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....ge-sheeted accused persons were put on trial before the Special Tribunal No.1, Panchagarh and charge under section 25B (2) of the Special Powers Act, 1974-was framed against all of them. 5. At the time of the trial, the prosecution examined as many as 9 (nine) witnesses to prove the case. 6. T......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
.... aid when there is a flagrant abuse by subordinate Court……………….(13) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 247 If the complainant took time in several occasions intentionally for dilatory tactics in order to harass the accused and to......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....are claiming conflicting title over the land in question from two different sources as considered above. There is no evidence on record to show that any of the witnesses examined was present at the time of execution and registration of the sale deed in question and he saw it. Nobody stated that ...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....fic criminal charge has been levelled and specific case is pending the executive authority should not take recourse to preventive detention on account of the same pending criminal case. This may at times also lead to the executive excesses, leading to the harassment of an individual and curtailm...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....impugned judgments and decrees, the pre-emptee-opposite party preferred the instant revisional application under section 115 of the Code of Civil Procedure, 1908 and obtained the rule. 9. At the time of hearing of the Rule the learned Advocate Mr. Haroon-or-Rashid appearing on behalf of the pre......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..Category: Property Law | Date: | Hits: 88
....issued by respondent No. 3, Secretary vide his letter dated 10-10-02.
16. The petitioners managed to record their names in respect of the case land. As per direction of the Ministry of Land issued time to time, the Directorate of Land Records and Survey updated the maps and records of the land in...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
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Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....ase by Commissioner Taslim Uddin Babul by murdering his own night guard deceased Panna. Further case of accused Ershad Ali Sikder is the plea of alibi that accused Ershad Ali Sikder was absent at the time of occurrence at he was away to Dhaka from Khulna for negotiating a settlement in the Muslimudd......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... the leaflet/pamphlet, thereby committed an offence under Article 73(3) and (4) of the Order. (v) Made, published, printed, stated and expressed communal disharmony propagating anti‑religious sentiments, thereby violating the provisions of the Constitution and of the Order. He also invoked the ...... Exhibit No.13 Money collected by election agent. 14. Exhibit No.14 Halofnama by election agent. 15. Exhibit No.15 Form of appointment of election agent. 16. Exhibit No.16 Halofnama by electio..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....e report and the contesting defendant appellant having never prayed for cancellation of the local inspection report and never praying for a fresh inspection the belated objection raised for the first time before this Court against Ext-13 is not at all maintainable in law, as a result of which Exhibi......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....bers from outside the organization concerned, preferably from organizations working on gender issues and sexual abuse.....................................(57) If a student is expelled even for the time being his/her educational career is seriously jeopardized. Such an expulsion is only permissibl...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
.... applicationshall pass ad-interim orders granting such relief as in the opinion of the District Judge are sufficient to safeguard the full claim of the Corporation against the borrower. (4) At the time of passing his orders under clause (3) the District Judge shall order notice of the application......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....ame by writing a note on the diary of the complainant to which the present accused petitioners absolutely denied. Furthermore, the complainant failed to adduced the said diary before the Court at the time of hearing, moreover, the complainant even failed to make a statement what is noted in the diar......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ..Category: Criminal Law | Date: | Hits: 102
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
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