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State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....m, the respondent No.1 inflicted a dagger blow in the right jaw of the victim and the respondent No.2 gave a dagger blow on the right side of the bally of the victim and accused Pichchi sumon, by the handle of fire arm, also gave a blow on the head of the victim whereupon the victim fell clown on th......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166...Category: Criminal Law | Date: | Hits: 56
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....nearly as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein and since depositions and exhibits before my hand as such, I can dispose of the suits without sending the same to the trial Court for remand. It ...... respect of suits instituted therein and since depositions and exhibits before my hand as such, I can dispose of the suits without sending the same to the trial Court for remand. It is also to be noted here that in three suits, 4 (four) sets of apparently original documents i.e. allotment letter..Category: Property Law | Date: | Hits: 100
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....rred eastern half of suit CS plot No.313 to plaintiff No.1 Masuma Khatoon and delivered possession of the said land to her from Block 'B' of the map attached to the said deed. Defendants on the other hand claimed that Sirajbi Bibi was in possession of 1.14 acres of land from the western side of CS p......s that the plaintiffs had been in exclusive possession of the suit plot for 16 years as already found by us and this leads to the irresistible conclusion of their ouster from the suit plot. It may be noted that SA Khatian Ext. 5 prepared by merely revising the CS Khatian and recording names of sons ..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ent May 26, 2010. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Appellants. Asaduzzaman, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 1. Asaduzzaman, Advocate, instructed by ASMK......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
.... effected, then the Adalat will direct for publication of notice for sale at least two daily national news papers by giving 15 days time, which is the minimum requirement of law. 8. In the case in hand, we noticed that by order dated 12th May, 2003 the executing Court fixed 14th June, 2003 for au......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518...Category: Civil Law | Date: | Hits: 90
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....e accused-petitioner, when Mr. Ahmed Abdul Gani, another Assistant Director of the Sports Council, was also accompanying him. That, on 20.05.1999 another amount of Tk. 7,00,000/- (seven lac) was also handed over to the accused petitioner by Md. Habibur Rahman himself, in the office of the accused pe...... not only to sub-section (1), but to both sub-section (1) and (2) of section 3 of the Act. 16. The word "স্বাধীন" or "independent", as been used in subsection (2) of section 3, denotes independence from external pressure or influence, a duty to act neutrally i.e. without being b..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... Mia (since dead) in brief was that the lands covered by Settlement Khatian No.47 originally belonged to Zamindar Ayub Ali Chowdhury and the same was recorded in the Khatian No.47 in the name of Raj Chandra as Chakran Tenant. Subsequently the Zamindar took the said lands to his khash Khatian. Kamaru...... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248...Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....and others Vs. Abdur Razzaque reported in 4 ADC page 6. The learned counsel lastly referred the case of Abdullah and others Vs. Abdul Karim and others reported in 20 DLR (SC) 206. 11. On the other hand Mr. Abul Kalam Patuary with Mr. S.M. Hormuz Ahmed appearing on behalf of the plaintiff-appellan......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ime when he had ceased to be a Minister, yet it was necessary for the institution of the prosecution against him that sanction from the appropriate Government should be obtained". 17. On the other hand, the learned Attorney-General cited the case of Nazir Hossain Shah Vs. State reported in 17 DLR......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... a bona fide requirement of the premises he served a notice under section 106 of the Transfer of Property Act, terminating the tenancy from July, 1978. The defendant received the notice yet failed to hand over the vacant possession of the suit land. Hence the suit. 4. The defendant opposite party...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527...Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....s. Enayet Hossain and others, 17 BLD (AD) (1997) 44; Sher Ali (Md.) and others Vs. The State, 46 DLR (AD) (1994) 67; Asiman Begum Vs. The State, 51 DLR (AD) (1999) 18. Lawyers Involved: Subash Chandra Saha, Advocate-For the Petitioners. (In both cases) Monjur Kader, Assistant Attorney Gener......d categories of cases for quashing the proceedings was, subsequently, followed in the decision in the case of Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) (1997) 44. 14. It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked at ..Category: Criminal Law | Date: | Hits: 86
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....simple question of law and thereby most illegally decreed the suit in favour of the plaintiff and as such the impugned judgments of 2 (two) Courts below are liable to be set-aside. 9. On the other hand, Mr. Tufailur Rahman, the learned Advocate appearing for the plaintiff-opposite party supports ......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ..Category: Civil Law | Date: | Hits: 97
....e correspondences with the Adjutant General to resolve the problem which are marked Annexure‑‘O’(1)’O(2), P & P(1) to this Petition but got no favourable reply from that end. On the other hand, Respondent 1 issued impugned notices under Annexure‑'A' to hand over 2.26 acres of land by J......n in the instant case. But on a careful reading of the decision we are unable to agree with the learned counsel for the petitioner. The Supreme Court in the aforesaid observation as quoted above also noted the abundant caution given in the American Jurisprudence that the doctrine " should not be lig..
Category: Property Law | Date: | Hits: 92
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
......Opposite Parties Judgment February 26, 1991. Cases Referred to- PLD 1966 (Karachi) 75, PLD 1952 (Dhaka), 137 and 25 DLR page 418; Ellis Vs. Allen (1914) Chancery Division, 904; Shikharchand Vs. Mst. Bari Bai, AIR 1974 (Madhya Pradesh), 75; Kassamali Afibhoy Vs. Shaikh Abdul Sattar, PL......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131...Category: Civil Law | Date: | Hits: 104
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....…………..................Petitioners Vs. Abdul Aziz............... ………………………………..........Opposite Party Judgment March 22, 2011. Cases Referred To- Khandaker Mobarak All Vs. Jahanara Begum, 1 ADC (2004) 401; Jinnatunnessa Vs. Bangladesh 48 DLR 208; ......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ..Category: Labour and Industrial Law | Date: | Hits: 161
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....af also told that Hasan and Mamtaz gave Tk. 2, 00,000/- to them. He received Tk.1, 00,000/- prior to the occurrence and after 12 days of the occurrence he received Tk.10, 000/-. Thereafter Ashraf was handed over to police. This witness identified accused-Ashraf on dock and also identified the materi...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....old that Indian money and gold bars were recovered. 15. In cross‑examination he stated that at the time of going to the PO house he did not see co‑accused Jashim was taken with them having his hands and legs in tied up condition and did not see P.W.1 Moklesur Rahman to enter the PO house. He ......acquitted) are established cloth merchants and owner of a big cloth shop named 'Bastraniketon' at Monoharpur within Comilla town and that the informant and his partymen took away Bangladeshi currency notes amounting to Tk. 17,95,924.00 from the possession of appellant No.1 Subodh and that appellant ..Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....bmitted that the learned District Judge committed an illegality in not at all considering that the petition for amendment of the plaint can be made at any stage of the proceedings. 6. On the other hand, Mr. SK Sinha, the learned Advocate for the opposite parties, submitted that the instant revisi......m the date of framing of issues deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to a..Category: Procedural Law | Date: | Hits: 68
....in and against the interest of the trust. When the trust property was enlisted as enemy property on 20.6.76 he did not take any step to release the same from the list of vested property. On the other hand, he took lease of the trust property from the vested property section Vide VP Case No.338/SA 75...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
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Category: Trust/Waqf Law | Date: | Hits: 183
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