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....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.
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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......er which could be dealt with by a District Magistrate under his general powers of control over the Magistrates subordinate to him. 6. Learned Additional Attorney-General has produced before us the appointment of the District Magistrate, Dhaka which shows that a District Magistrate can only be app..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......he Judges and in this way the Government has unfettered power to influence criminal justice and to cause harassment to political rivals. Perhaps Mr. Islam was not fully informed of the fact as to the appointment of Judges in those Tribunals. The Judges were appointed in consultation with the Supreme..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
....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......ry Affidavits filed in each of the Applications under consideration, it is shown that both BCIC and Reliant have been communicating back and forth since 6-2-2007 in efforts to agree upon either the appointment of a sole arbitrator or, failing that, Arbitration Tribunal(s) constituted by two Arbitr..
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
....t is the duty of the Court to try that issue first at the earliest opportunity so that the Court may not be unnecessarily bogged down in a full‑dressed protracted trial involving wastage of Court's time and unnecessary expenditure for the litigants.
7. Since law imposes a duty upon the Court un......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
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Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....nnexure B not considering the petition of the detenu to release him from Noakhali Jail custody should not be declared to have been passed without lawful authority and of no legal effect. 2. At the time of issuance of the Rule this Court directed the Officer‑in‑Charge, Ramgati Police Station D...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ..Category: Criminal Law | Date: | Hits: 88
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....ourt of Joint Metropolitan Session Judge, 5th Court, Dhaka. The accused petitioner filed the said application in another bench and after hearing the same, was fixed on 12-7-2001 for order; in the meantime the constitution of that Bench had changed and the record of the Case was sent to the concerned......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..Category: Procedural Law | Date: | Hits: 167
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
.... the evidence that he had slept in the house of his father-in-law. He also submits that Zakaria Kabiraj is a renowned Kabiraj in the locality and he has been handling the said profession from the time of his father and in discharging his professional duty he used to meet with many people and i......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....ing Local Investigation and Survey on the property. Learned Advocate Commissioner on 28.5.2000 submitted Report. Sixteenth Defendant on executing Vokalatnama entered appearance in the Suit and sought time for laying an objection. Fifth Defendant, also, bestowed a petition seeking time for filing wri......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....vice tenure in the Drafting Wing and thus the Respondent No.5 enjoyed the benefit of earlier promotions and posting at Dhaka through his option for service in the Legislative Drafting Wing and at the time of his option he was aware that the highest post, as per Rules 1998, in the Legislative Draftin...... Habibul Awal has been appointed Secretary in Charge of the Ministry of Law, Justice and Parliamentary Affairs, hereinafter referred to as the Ministry of law, with effect from 28.6.2007 and the said appointment was communicated vide a notification bearing No. সম (উনি-১)৭৪/৯৮(অ..Category: Constitutional Law | Date: | Hits: 361
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