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Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ......ner and others for preemption of the sale of 30 decimals of land fully described in the application effected by a deed dated 7-10-95. 3. His case, in short, was that one Shudir Chandra Roy was recorded tenant in respect of the land of plot No. 1743 with an area 58 decimals. Of said land, the ...... ......Petitioner Vs. Tobarak Ali and others…………………Opposite Parties Judgment February 14, 2007. Cases Referred To- Shafi Khan vs. Mannujan Hussain, 35 DLR (AD) 225; Md. Sukur Ali vs. Sree Suresh Chandra Barman and others, 1984 BLD (AD) 219. ......-65. He also purchased 1.70 acres of land by 2 kabalas dated 18-11-66 and 2-2-73 from the same owner, which were adjacent to the case plot. By purchase he became a co-sharer in the case holding being khatian No. 89(66). 4. After purchase, the preemptor got his land mutated in his name and ope..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......the morgue. In course of investigation, the investigating officer arrested the appellant Khalilur Rahman and produced him before a Magistrate for recording his confessional statement. Dilruba (PW 18) recorded the confessional statement of Khalilur Rahman. The police thereafter submitted a charge she...... These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ..Category: Criminal Law | Date: | Hits: 38
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......n the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......me from other sources". Sub-section (4) of section 19 reads as follows : "Where, in the financial year immediately preceding the assessment year, the assessee has made investments which are not recorded in the books of account, if any, maintained by him for any source of income, and the assess......r of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....er formal possession of said released land to the plaintiff. Meanwhile, in the revision survey, the plaintiff found that said land measuring about 0.3480 acre schedule 'Kha' part of the suit land was wrongly recorded in the name of erstwhile DIT and such record of rights had got no basis. 8. ...... land to the plaintiff by way of a registered 'Patta' being No. 7441 and a registered sale deed being No. 7442 and delivered possession. Record of rights was accordingly prepared in the names of said recorded tenants and the plaintiff in SA khatian No. 2190 in plot No. 6163. Said land was also recor......nt February 8, 2007. Cases Referred To- Bangladesh vs. Samodra Narayan Mohajan and another 2006 BLD (AD) 145 = 11 BLC (AD) 226; Sarashijaksha Chatterjee and others vs. Karpor Kamini Devi and others, AIR 1937 Calcutta 745; S Sibtain Fazli vs. Messrs Star Film Distributors 14 DLR......tle Suit No. 124 of 2003. By an order dated 2-4-03 RAJUK was added as defendant No. 5. 4. Plaint case, in short, is that the land measuring about 0.6864 acre of plot No. 118 appertaining to CS khatian No. 13369 was originally owned and possessed by Indro Mohan and Rajkumar and Mukta Sundari i..Category: Property Law | Date: | Hits: 32
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....nmity is a double edged weapon providing motive both for offence as well as for false implication. The evidence in such case has therefore to be scrutinised with care so that neither guilty party wrongly escapes on the plea of enmity or innocent persons get wrongly convicted on this basis. Reg......ot of unimpeachable character. But mere a fact that appellants were seen with victims do not raise irresistible inference that appellants committed murder. It is indeed surprising how trial court recorded conviction under section 302 B.P.C. without any evidence to prove that above named victims ......hwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......ition to be serious. Thereafter informant Ahsanul Kabir went to the thana at about 3.30 A.M. on the same night and lodged the ejahar stating the facts referred above. Officer-in-charge of the thana recorded ejahar which was read over and explained to informant who having admitted it to be correc......ther case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
....hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ...... a Court to invoke its inherent jurisdiction. The decision in 43 DLR (AD) 128 rather supports this proposition of law. Moreover, when a subordinate Court invokes its inherent jurisdiction for reasons recorded to grant a chance of hearing to a party for ends of justice by recalling its own order and ......(HCD) (2000) 109. ......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......Revision No. 1637 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 an order dated 20-4-99 recorded by the learned Senior Assistant Judge and Family Judge, Khulna in Family Suit No.71 of 1997...... Firojul Islam (Md) (Firoj)…………..Petitioner Vs. Zahanara Akter…………………………..Opposite Party Judgment December 2, 1999. Lawyers Involved: Md. Abul Kalam Moinuddin, Advocate—For the Petitioner. Khurshid Alam Khan with Farida Yeasmin, Shahnaj Bablee an......efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ..Category: Family Law | Date: | Hits: 185
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....ts that a gross error was detected later that the plaintiff No. 2's own purchased lands comprising 1.88 acres of land which are under the exclusive possession of the petitioner‑plaintiff No. 2 were wrongly included in the ejmali property and, as such, the whole preliminary decree based on wrong de......87 acres of land. The plaintiff No. 2 took settlement of .40 acres of land from Plot No. 7990 by virtue of dakhila from its owner Ahmed Ali and was possessing the same and that his name has duly been recorded in RS Khatian No. 79 and that the plaintiff No. 2 has been paying rents for that land. The ......made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17 Order XVIII rule 17 empowers the Court to re‑call at any stage a witness who has been examined and cross-examined. The powers under the rule are very wide and Court can re‑call witness eve......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ..Category: Property Law | Date: | Hits: 34
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......ossain Chowdhury took possession of the land on behalf of the school. The plaintiff-school has been possessing the suit land through cultivation bargadar. The responsibility of getting the SA Khatian recorded in the name of the school was with late Delwar Hossain Chowdhury being secretary in respect......s restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102...Category: Property Law | Date: | Hits: 21
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......Case is also Reported in: 56 DLR (2004) 39. ......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......ed that he examined the victim girl (PW 2) at 1‑40 PM on 23‑5‑2000 and she was found to be 15 years of age and she had sexual intercourse. This witness has admitted in cross-examination that he recorded her statement but there was no mention that she was raped by force. 11. PW 6, Kazi Miraz......hid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...Category: Criminal Law | Date: | Hits: 43
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......er discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ......s Samad Miah, the learned Advocate appearing for the appellant, submits that although the Court has wide power under section 540 of the Code of Criminal Procedure to call for any evidence not earlier recorded and any witness earlier examined by the Court, whenever it is found necessary for coming to......e Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ..Category: Criminal Law | Date: | Hits: 37
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
.... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ...... PS Case No. 61 dated 31‑7‑1998 under section 25B(2) of the Special Powers Act was started. 3. The Police investigated the case, visited the place of occurrence, prepared sketch map and index, recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and fin......t liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..Category: Criminal Law | Date: | Hits: 43
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......s Jogendra Chinu Barai, P.W. 4 is Bejoy Charan Barai and P.W. 5 is Parbati Charan Sarker. P.W.s were duly cross examined by the defence accused who examined no D.W. 342 Cr.PC statement of accused was recorded and kept with the record. 4. Upon evidence trial Court found the accused Nibash Chandra......Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87...Category: Family Law | Date: | Hits: 175
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....e mill was closed they formed an adverse opinion. There is absolutely no evidence on that count and in that view of the matter when there is no corroborative evidence we hold that the trial Court has wrongly assessed Taka 2.00 lac on that count which the plaintiff is not entitled. As regards the sec...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......n the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75....... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75...Category: Civil Law | Date: | Hits: 72
....f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......lared as abandoned property in the ‘ka’ list of the abandoned buildings as published in Bangladesh Gazette dated 23-9-86 at page 9962 (161) at Serial No. 81 by mistake as the property was rightly recorded in the name of Begum Nessa Bibi in the SA Khatian No.70. Md. Ali Akbar, their predecessor p...... once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67...
Category: Property Law | Date: | Hits: 28
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