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Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......nd by registered deed of sale on 14.05.1969 to the defendant No.2, Parul Bala. On 04.02.1970 Parul Bala transferred the suit land to one Sufia Khatun and delivered possession. The latter got her name recorded in the R.S. Khatian and possessed the suit land till she transferred it to Shababuddin on 0......) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ..Category: Property Law | Date: | Hits: 39
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....D. entry not being on record, and the police started investigation on the basis of Ext. 1 the contention of the learned Advocate that Ext.1 was inadmissible in evidence and the learned sessions judge wrongly admitted it in evidence has got no substance. The cases cited by the learned advocate in t......and P.W. 18 Waned Ali Howlader were the eye witnesses to the occurrence. P.W.2 Tafazzel Hossain, P.W.4 Shamsul Huq, P.W.5, 6, 9 and 12 were not eye witnesses to the occurrence. P.W. 19 Mr.N.C. Biswas recorded the statement of P.W. 17 and accused Shahjahan under section 164 Cr.P.C. P.W. 20 Dr. Kaisar......iberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..Category: Criminal Law | Date: | Hits: 27
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......uoted here- 26. Disposal of Lease by Private Agreement.- Notwithstanding anything contained in rules 16 to 24 , the Military Estates Officer may, in exceptional cases for exceptional reasons to be recorded in writing , and subject to the approval of the Central Government, or such other authority......ion. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....cision 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: 18 BLT (AD) (2010) 465. ......াপন্ন, বাম ফুসফুস সংকুচিত। and the medical report also shows that the condition of the victim was very serious and furthermore P.W.15, the Magistrate who recorded the dying declaration, in cross-examination stated "মৃত্তুকালীন ঘ......y in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......cision 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: 18 BLT (AD) (2010) 465. ..Category: Criminal Law | Date: | Hits: 33
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ...... manner of occurrence by cogent evidence and the prosecution evidence suffers from material contradiction and omission. He further submits that the prosecution has neither produced the Magistrate who recorded the alleged confessional statements of the appellants and another nor gave any explanation ......h if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......ing was seized in his presence or that he signed the seizure list at Atiqullah Bazar. 16. PW 11 is Md. Tofazzel Hossain. He stated that while he was serving as a Magistrate, 1st Class Pabna and he recorded the confessional statement of accused Mokshed Ali Fakir on 20‑8‑94 after complying with...... Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ..Category: Criminal Law | Date: | Hits: 38
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
....below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......passage, hence the suit. 7. The defendant No.1 contested the suit and his case is that the defendant No.1 and other co-sharers are owners of dag Nos.7132, 7134, 7138, 7137 and 7136 and they became recorded tenant in the khatians. Dag No.7133 belonged to defendant No.1 which is in khatian Nos. 473......e find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316........ 7. The defendant No.1 contested the suit and his case is that the defendant No.1 and other co-sharers are owners of dag Nos.7132, 7134, 7138, 7137 and 7136 and they became recorded tenant in the khatians. Dag No.7133 belonged to defendant No.1 which is in khatian Nos. 473/475. Western portion o..Category: Property Law | Date: | Hits: 33
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......posite Party No. 1. Md. Khalilur Rahman, Advocates—For Opposite Party Nos. 2(a) & 2(b). Civil Revision No. 4616 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the order dated 26-10-99 passed by the Sen......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..Category: Property Law | Date: | Hits: 32
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120....... of 1999. Judgment AK Badrul Huq J. - The subject matter of challenge in this Civil Revision Petition under section 115 of the Code of Civil Procedure is a judgment and order dated May 5, 1999 recorded by Senior Assistant Judge, Habiganj Sadar, Habiganj in Title Suit No.78 of 1999 disposing a......uris Secondum Vol. 21 Para 193;Bengal Immunity Company Ltd Vs. State of Bihar, AIR1955; Carnal Improvement Trust Vs. Parkash Wanti, (1955) 5 SCC 159 (15, 24 & 29). Lawyers Involved: Shamusddin Choudhury, with Faisal Mahmud Faizee, Advocates—For the Petitioner. Mahmudul Islam, Attorney...... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120...Category: Property Law | Date: | Hits: 34
.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
......y declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
..
Category: Property Law | Date: | Hits: 24
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
.... direction for their demolition. 39. Mr. Rafique-ul Huq, the learned Counsel appearing for the petitioners in Civil Petition for leave to appeal No.772 of 2010 submits that the High Court Division wrongly construed the original judgment of the High Court Division. 40. He further submits that t......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......s also Reported in: 15 MLR (AD) (2010) 389. ......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......reholders acted upon the said record date by way of getting their names registered as shareholders in the share register book or depository book and some shareholders also further acted upon the said recorded date i.e. 25.09.2005 by way of disposing of some of their shareholding after expiry of reco...... costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411...Category: Company Law | Date: | Hits: 191
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......mant PW 1 rushed to the place of occurrence along with some other persons. She told that her husband was killed by Jabbar, Sobhan, Shamsul, Bhola and others. She told the occurrence to the police who recorded the first information report and took her LTI on the same. In cross‑examination she state......bove modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36...Category: Criminal Law | Date: | Hits: 41
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
.... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ..Category: Property Law | Date: | Hits: 37
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....nd foregoing narrative we are led to the conclusion that the prosecution measurably failed to prove the charge against the appellants beyond all reasonable doubt. The learned Judge of the trial Court wrongly found them guilty. Thus the appeal having merit succeeds and the impugned judgment and order......breast. He denied the suggestion that their medical report was not correct. 17. PW 8, Sub-Inspector Kazi Abul Hashem deposed that on 27-9-1994 he was attached to Manirampur Police Station. He recorded the first information report and filled up its form which he proved as Exhibit 3 and his si......nce with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
..... Barada Kanta Mistry died leaving two sons, plaintiff Nos. 2 and 3 and Aswani Mistry died leaving 3 sons, plaintiff Nos. 4-6. The plaintiffs have been possessing the suit land but the SA Khatian was wrongly prepared in' the name of defendant Nos. 3, 5, 6 and father of defendant No. 4, namely, Kriti......me relief. The Court of appeal below also held that Title Suit No. 218 of 1951 was decreed in preliminary form on 23-9-1958 and that there was no reason that the names of the plaintiffs should not be recorded in the SA khatian as the SA record was prepared in 1960 in the locality. The Court of appea......……Opposite Parties
Judgment
July 9, 2006.
Cases Referred To-
Laxmi Kanta Roy vs. Upazila Nirbahi Officer 46 DLR 136; Ms. Dulichand Omraolal vs. Bangladesh, through the Secretary, Ministry of Industries 33 DLR (AD) 30; Kochi Mia vs. Suruj Mia 51 DLR (AD) 57; Shamser Ali (Md.) vs. ......t of appeal below also held that Title Suit No. 218 of 1951 was decreed in preliminary form on 23-9-1958 and that there was no reason that the names of the plaintiffs should not be recorded in the SA khatian as the SA record was prepared in 1960 in the locality. The Court of appeal below also held t..
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......r of the first appellate authority in matter of admission of a appeal after expiry of the period specified therein. Moreover, if an appeal after expiry of the period specified is admitted for reasons recorded by an appellate authority, second appellate authority cannot set aside such admission in th......nd in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268...Category: Fiscal/Taxation Law | Date: | Hits: 63
....efend himself and, as such, no fundamental right of the petitioner was infringed by the impugned orders. In order to avoid the forum as provided in Article 117 of the Constitution, the petitioner has wrongly invoked the jurisdiction of Article 102 of the Constitution and, as such, the Rule is liable......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......ll attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258...
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....to the complaining party or that it had acted mala fide or in violation of any of the principles of natural justice. Thus in our opinion the Court of Settlement appears to have approached this matter wrongly. As stated in the case of Shamsul Haque vs. Court of Settlement and others reported in 49 DL......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......hin 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..Category: Property Law | Date: | Hits: 40
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......formant but the accused did not return any money. 11. PW 3 Md. Habibur Rahman supported the question of PW 1 being the manager of cloth shop of informant. 12. PW 4 Sub-Inspector Zakir Hossain recorded the first information report. PW 5 Sub-Inspector Abu Bakar Siddique investigated into the c......rds at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ..Category: Criminal Law | Date: | Hits: 40
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