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Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....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. ......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. ......onnection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......tement is made by a person as to the cause of his death, or as to any of the circumstances of 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 whe..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....he said sub-sections to give effect to the manifest intention of the legislature or to make up deficiencies which are left there. If the Court does so, it would amount to be legislation. As such, for possession and recovery of any illegal foreign currency including Indian currency from a person ...... High Court Division it was argued on behalf of the plaintiff appellant that all the provisions of Land Reforms Ordinance, 1984 except section 5 unquestionable and beyond doubt relate to agricultural land and purpose of the said Ordinance is to maximize production and to that end to make provisi......charged 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. ......and sub-section (2) of the said section. 27. It is to be mentioned hear that in the law is the Special Powers Act, 1974 the word 'goods' has not been defined. 28. In view of the above, the moot questions are that whether the 'Indian currency' or 'any other foreign currency' will come within th..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....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. ......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. ......6 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. ......sferred to Additional Metropolitan Sessions Judge, 2nd Court, Chittagong and renumbered as Criminal Motion No.733 of 1991 (Metropolitan). The petitioner contested the case submitting written argument questioning amongst other, the maintainability of the revisional application and also submitted that..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... 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. ......t one Kafiluddin as complainant lodged a petition of complaint on 10.7.79 before the Sub-Divisional Magistrate, Gazipur, alleging that he along with his three brothers purchased .90 decimals of land in two separate kabalas dated 25.6.79 and 2.7.79 from one Rashik Chandra Barman, son of late ......in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......Kumar Barman alias Raj Mohan Barman and that Rai Charan Barman, son of Raj Nath Barman had no title and interest in the disputed land. Actual owner Rai Charan Barman executed the deed and as such the question of forging the document does not arise at all. 5. This case was first registered before ..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... 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. ......is a specific case against the detenue and the same is the subject matter of the detention order, he shall be released…………………(5) Whether in a specific case where general law of the land has taken care of an offender as per law of the land, can this provision of preventive detentio......cretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... 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)
....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. ......n and Tenancy Act which has been further re-numbered as Pre-emption Case No.17 of 2007. 3. In the plaint the pre-emptor asserted that the pre-emptee No.2 and 4 were owner and possessor of the case land comprised in SA Plot No.408, within Mouza Kadamrasul under police Station Golapgonj measuring 1....... 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. ......ment August 8, 2010. Result: The Rule is discharged. The Code of Civil Procedure, 1908(Act No. V of 1908); Order XLI rule 27 When to allow a party to adduce additional evidence The question of allowing a party to adduce additional evidence is a question to be decided by the Court ..Category: Property Law | Date: | Hits: 88
....ease being No. 5797 dated 9-7-52 to one Rahim Dad Khan. Same date Radha Sham Banik also transferred the rent receiving interest to Rahim Dad Khan by another registered deed being 5798 and handed over possession of the land to him, Annexure C and C1.
5. After the wholesale acquisition under sectio......ies are at variance and call for decision.
3. In Writ Petition No. 2678 of 2005, wife and sons and daughters of one Abdul Khaleque Khan are the petitioners. Their common case is that 1.54 acres of land of CS plot No. 163 appertaining to CS Khatian No. 2 of Mouza Keraniganj, then Tejgaon, at prese...... Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
...... year 1989, the Land Reforms Board Act was promulgated and by office order dated 23-5-1989, the management of the Estate came under the Land Reforms Board, Annexure-Y and Y1.
19. After the land in question was recorded in the name of the petitioners, respondent No. 2 o behalf of the government fi..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....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. ......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. ......d. 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. ......the occurrence. In addition thereto P.Ws.11 and 15 have been examined to bring home the offence charged against the accused persons on the basis of dying declaration of deceased Panna. 33. Now the question that calls for consideration is, whether the aforesaid 6 witnesses or any one of them have ..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ...... to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......e bank and added that possibly the remaining amount may have been withdrawn after the election by his Chief Election Agent. He had to repay the remaining money owing to the various shops. In reply to questions regarding individual items of expenditure, he stated that his Chief Election Agent has don..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....tioner; that in view of the direction of the Hon'ble Minister of the Ministry of land the writ respondent No.2 issued a letter to the writ respondent No.4 on 15.02.2006 to take step in respect of the possession of the writ petitioner of the proposed land on inquiry into the matter; that as per the n......rit respondent No.4, i.e., the Deputy Commissioner, Chittagong addressed to writ respondent No.1, Ministry of Land in the writ petition for final approval of the proposal to lease out 108.74 acres of land of Mouza Saral and Gandamara under P.S. Banshkhali of District Chittagong to the writ responden......as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ......005 against the action of the writ respondents for leasing out of the same to the writ respondent No.8; that the writ petitioner also filed an application to the committee for leasing out the land in question in his favour as per the provision of the Labon Mohal Policy; that on 27.12.2005 the 2nd me..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
.... law in decreeing the suit without taking into consideration the vital fact that all the joint properties have not been brought into the common hotchpotch and that the defendant had already gone into possession of purchased land on the basis of a Salishnama. It has been further argued by the learned......628 executed on 06.10.1099 and registered on 16.11.1999, at Fatehabad and Hathazari Sub-Register's Office, Chittagong, respectively but not actually acted upon except the share of respondent No.5 for land measuring 1.181/2 acres of land with a further prayer for a declaration that those deeds are no......This Case is also Reported in: 13 MLR (HCD) (2008) 199. ...... learned Advocate for the appellant has further argued that the permanent, residence of the plaintiff is in Chittagong City and as such he cannot be considered as a co-sharer in the dwelling house in question. The learned Advocate submits that in this appeal two vital questions are required to be de..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......ther case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......the injury complained of has not extended from the outer surface to the inner surface of the skull. He, therefore, contends that the appellant be acquitted of the charge or at any rate the offence in question does not fall under section 326 but may, at the most, come under section 324 of the Penal C..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... 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 ...... 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 ......tice 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 ......l which the tribunal may take into account when forming its opinion." 28. Therefore, it cannot be said that the action of the Syndicate and the report of the enquiry committee can not be called in question before any Court. In the case of University of Dacca Vs. Zakir Ahmed 16 DLR (SC) 722, the C..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....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. ......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. ......t once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......l and literal meaning and no words should be imported into an enactment which is not there unless the literal meaning of the word used leads to an obvious absurdity…………………(13) When a question of law as important as one relatable to the question of jurisdiction is raised there is no ..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....ns are living in neighbouring village and both parties were in friendship from boyhood. The accused persons agreed to sell some land to the complainant for consideration of cash money and handed over possession of some property taking payment of Taka 75,000 and to register sale deed in favour of com......de absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fall absolutely within the ......r. 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. ......uashed and the rule is to make absolute. 8. It is further submitted that the complaint falsely instituted the present case against the petitioner to harass and humiliate and making the petitioners questionable in the eye of the local people and society when the petitioners never ever had any occa..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....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. ......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. ......e appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......e learned Sessions Judge held the appellant to be guilty under section 304 Part II of the Penal Code and that finding of the Sessions Judge is based on convincing and cogent evidence. It is true that question of sentence is a matter of discretion of trial Court and when that discretion is properly e..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... 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. ......……………(11 & 13) Extinction on termination of necessity In case of plaintiff’s having an alternative pathway or at least an opportunity for owning alternative pathway over the own land, the easement of necessity, if any, in favour of the plaintiff turns off whereas section 41 o......osts. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... 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)
....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. ......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. ......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. ......inal proceeding does not call for interference. 8. We have gone through the petition of complaint and other related documents annexed with the application and grounds taken therein. 9. The only question raised in the instant case is whether a complaint case previously instituted on the self sa..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....d after accepting entire consideration money at a time from the defendant No.4, the defendant Nos.1-3 executed and registered Sub-kabala deed on 4-3-1989 in favour of the defendant No.4 and delivered possession thereof as well as handed over all the related documents of ownership in favour of the de......d the matter on the pretext of procuring his balance consideration money. The plaintiff alleged that thereafter he came to know on 1st. week of April, 1989 that defendant Nos.1-3 transferred the suit land in favour of the defendant No.4 in collusion with him without knowledge of the plaintiff. The p......e of Civil Procedure, 1908 (Act No. V of 1908); Order XLI, rule 31 The Specific Relief Act, 1877 (Act No. I of 1877), section 27 A conveyance document is concluded agreement and the same is binding upon both the parties until and unless it is cancelled…………………(14) While deli......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)
....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. ......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. ......lbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......ifiable from the evidence on record it is payable on demand. So plaintiff No.1 is entitled to the deferred dower of Tk. 1,000 in the present suit. Legitimacy of the son, plaintiff No.2: 40. The question of legitimacy is not directly mentioned in section 5 of the Family Courts Ordinance, 1985 a..Category: Family Law | Date: | Hits: 246
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