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Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......d as Chatak Police Station Case No.8(3), 1999. It emerged from evidence of Informant P.W.1 that he himself took up investigation of the case and he performed some investigation and thereafter, on the order of Higher Authority transferred the case to Criminal Investigation Department and Criminal Inv......ower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......ce let in to drive home guilt of accused, person. Mental distance between "may be true" and "must be true" and distinction between "conjecture" and "sure conclusions" are to be gathered on the touchstone of dispassionate Judicial scrutiny based upon a complete and comprehensive appreciation of featu..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ...... to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.” In order to discharge the said onus the plaintiff Sujjat Ali @ Surja Mia as P.W.1 asserted that Jomu Sh......on (Civil) Present: AFM Abdur Rahman J Hashem Ali & Others……………………….Defendant-respondent-petitioners Vs. Suruj Ali & Others…………………………Plaintiff-Appellant-Opposite parties Judgment March 22, 2010. Result: The rule is made abs......ported in: 18 BLT (HCD) (2010) 295. ..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....8 and 1365 was opened in their names and they have been in continuous possession of the case land by paying rents to the government up to 1987-88. Thereafter, their names were recorded in the finally published RS Khatian No.76. Subsequently Moqbul Ahmed, Syed Ahmed and Khurshid Jahan Akter sold ou......etition No.3229 of 2004. Judgment AKM Abdul Hakim J.- On an application under Article 102 of the Constitution, this Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 9-12-2003 passed by the Full board in case No.3 -108 of 1995 (Review) Dhaka (Annexure D)...... Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... High Court Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Khorshid Nayeem and others……………………………………Petitioners Vs. Land Appeal Board land others……………………………………Respondents ..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ...... Miscellaneous Appeal No.173 of 2005. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant No.3 appellant calls in question the legality and propriety of the Judgment and order dated 27-11-2004 passed by learned Joint District Judge, first Court, Dhaka directing defendan......…………………………Appellant Vs. RMS Textile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: The appeal is allowed. In an ordinary commercial credit transaction normally there are four parties. The parties are (i) the buyers ...... Vs. Synthetic Textile Limited and others, (1987) Company cases 245. Lawyers Involved: A.F.M. Mesbah Uddin, Advocate, with Mr. Khandaker Diliruzzaman, Advocate - For the appellant. No one appears - For the respondents. First Miscellaneous Appeal No.173 of 2005. Judgment ..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......on is necessary to prevent an injustice. The High Court Division seldom interfere in the preliminary stage with the discretion of the Sessions Judge taking action, but when the materials on which the orders are based are clearly insufficient to support those orders, the High Court Division feels bou......e result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......) 87. ..Category: Criminal Law | Date: | Hits: 66
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......er, his step-brothers namely defendant Nos. 1-3 by way of false personification created two deeds of Heba-Bil-Ewaz being Deeds No.7546 and 7547 dated 28.3.1974 in the name of their deceased father in order to grab their deceased father's entire property including 1.32 acres of land previously given ......sion Judgment here.
Supreme Court
High Court Division
(Civil)
Present:
Sheikh Abdul Awal J
Md. Munsur Ali & others……………………..Petitioner
Vs.
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgme......0) 363.
..
Category: Property Law | Date: | Hits: 66
....of 2003 before the Artha Rin Adalat No.2 Dhaka.
4. During the execution proceeding 1st attempt was taken for auction sale of the mortgaged property under Section 33(1) of the Artha Rin Ain 2003 by publishing notice in the daily "Janakontho" fixing a date on 14.2.2003 for auction but, no bidder pa......g notice in the daily "Janakontho" fixing a date on 14.2.2003 for auction but, no bidder participated in the auction and hence, the next date was fixed on 10.8.2004 for steps. Thereafter according to order of the learned Judge of the Artha Rin Adalat 2nd attempt was taken for auction sale of the mor......f stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......gh Court Division
(Special Original Jurisdiction)
Present:
Zinat Ara J
Syed Abu Kowser Md. Dabirush-Shan J
Md. Hasan Habib alias Ahsan Habib and others………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………………..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ...... Extent of section 561A Cr.P.C. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power of the court to make such order as may be necessary to give effect to any order under this code, or to prevent abuse of the pr......fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......urt High Court Division (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Ragib Hasan Khan @ Munu………………………………Petitioner Vs. The State and another………………………………Opposite Parties Judgmen..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......for hearing along with an application for vacating the stay filed by the plaintiff-respondents (hereinafter called ‘the respondents'). This miscellaneous appeal is directed against the judgment and order dated 30.11.2004 passed by the learned Joint District Judge, Dhaka, in Title Suit No.227 of 20......a) 279; AIR 1956 (Rajasthan) 191; AIR 1953 (Calcutta) 377; AIR 1962 (SC) 527; 20 DLR 501; 26 DLR 157; 14 DLR 657; 35 DLR (AD) 42; 47 DLR (AD) 7; 26 DLR 157; 29 DLR (SC) 82; Lawyers Involved: Mrinal Kanti Biswas, Advocate-For the Appellant. Md. Khalilur Rahman with T.M. Shakil Hasan, Advoca......payment on two occasions and thereafter when the project was completed and full payment was realised by the Siemens they in collusion with the bank did not make any further payment and withhold that money even after receipt of final payment from the SMC. It is contended in the plaint that the respon..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....he writ petitioners and stated that land measuring 1.17 acres in CS Plot No. 327 was fully acquired by the Government vide LA Case No. 66/1957-58 for constructing Dhaka-Tongi Diversion Road which was published in the Government Gazette notification dated 21-3-1963. After acquisition 0.37 acres of la......ers…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Rule is discharged without any order as to cost. Disputed question of fact and writ jurisdiction of the High Court Division ......is reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ...... ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ...... Begum @ Monowar Begum & others…...Petitioners Vs. Nimai Chandra Roy………………….Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Inv......- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Involved Dr. Md. Eunus Ali Akond with Fazlul Haque, Advocates — For the Petitioners. Md. Raflqul Islam (Heru) with Abul Kalam Mainuddin, Advocates — For the Opposite Party. Civil Revision No. 908 of 2002. Judgment Fa......eported in: 61 DLR (HCD) (2009) 764. ..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......g and the parties once again fought upto the Appellate Division and still fighting before the High Court Division in this Revision, arising out of the said suit. The suit was dismissed for default by order dated 2‑3‑1996 for non‑appearance of the plaintiff. On an application of the plaintiff u......8 DLR (HCD) (1996) 572. ......s Case is also Reported in:48 DLR (HCD) (1996) 572. ..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....e have gone through the provisions of Ordinance No.LIV of 1985, the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985. 11. Section 5 of the above Ordinance empowered the Government to publish a list of abandoned buildings by notification in the official Gazette. In pursuance of secti......tification whereby the disputed house was included in the list of abandoned property lost all force with the delivery of Judgment by the Court of Settlement. Under the above circumstances any further order is necessary for reinforcement of the Judgment delivered by the Court of Settlement………......observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......(HCD) (1996) 291. ..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......on accused Mesbahuddin, the jail appeal preferred by the condemned prisoner being Jail Appeal No.823/93 and the Criminal Appeal being Criminal Appeal No.1064/92 preferred by accused Arzan against the order of conviction and sentence passed by the Additional Sessions Judge, Narayangonj in Sessions Ca......gainst whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......ce No.14/92 submitted by the learned Additional Sessions Judge, Narayangonj for confirmation of the death sentence passed by him on accused Mesbahuddin, the jail appeal preferred by the condemned prisoner being Jail Appeal No.823/93 and the Criminal Appeal being Criminal Appeal No.1064/92 preferred ..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the impugned proceeding in Kotwali Police Station Case No.6(2)79 should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts, as stated in the p......itious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......eported in:48 DLR (HCD) (1996) 286. ..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ctive duties in accordance with law and/or pass such other or further order or orders as to this Court may seem fit and proper.” 2. As clippings from an English vernacular daily, named, New Age, published a feature under the caption, “No Plan to Demolish Unauthorised BGMEA Building Soon”, w...... to why they should not be directed to take appropriate steps against the concerned officials for failing to discharge their respective duties in accordance with law and/or pass such other or further order or orders as to this Court may seem fit and proper.” 2. As clippings from an English vern......le and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment ..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......- For the Opposite Parties. Civil Revision No.1743 of 2008. Judgment Md. Nizamul Huq J.- This rule was issued calling upon the Opposite Party Nos.1-8 to show cause as to why the judgment and order dated 27.03.2008 passed by the Additional District Judge, Brahmanbaria in Miscellaneous Appeal......Parties Judgment October 13, 2009. Result: The rule is discharged. Cases Referred to- Aklasur Rahman and others Vs. Safarullah and others, 42 DLR (AD) 189= 14 BLD (AD) 20; Fazar Uddin Vs. Maijuddin and others, 14 BLD (AD) 29= 44 DLR (AD) 62; Mst. Rokeya Begum Vs. Md. Abu Zaher and......ase is also Reported in: 18 BLT (HCD) (2010) 62. ..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ring the parties and perusing the relevant documents, filed by the respective parties by the impugned judgment and order disposed of the Execution Case and refused to give the advertisement costs for publishing auction notice in news paper and the legal expenditure. 7. Being aggrieved by the said...... Civil Revision No.1221 of 2007. Judgment M. Enayetur Rahim J.- This rule at the instance of the decree holder petitioner was issued calling upon the opposite party to show cause as to why the order dated 05.11.2006 passed by the learned District Judge, Chuadanga in Miscellaneous Execution Ca......to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......eported in: 18 BLT (HCD) (2010) 194. ..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ...... 2007. Judgment MA Rashid J.- Defendant tenant obtained the above Rule upon making a revision application under section 25 of the Small Cause Courts Act, 1887 (Act IX of 1887 for revision of an order dated 19-3-07 passed by the Senior Assistant Judge at Sadar in Sylhet in Miscellaneous Case No......The Rule is discharged with cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 Inherent power of the Court under section 151 of the Code of Civil Procedure, 1908 cannot be invoked where there are specific provisions for the relief sought for. Inherent power could only be ......is Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ...... proceedings of CR Case No. 227(1) of 2006 under section 406/420/109 of the Penal Code, now pending in the Court of Magistrate, cognizance court No. 3 Jamalpur, should not be quashed and/or any other order passed as this court may seem fit and proper. 2. By the Rule issuing order dated 23-7-2007,......y of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......2009) 762. ..Category: Employment/Service Law | Date: | Hits: 238
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