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Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ......hen the girl brought out a pipe gun from a nearby garden. Thereafter, they came back to Thana with the pipe gun and the accused. P.W.2 Jahangir Hossain, Police Constable being a Member of the raiding party stated in his examination-in-chief that while Ismail Hossain was interrogated after his arrest..Category: Criminal Law | Date: | Hits: 76
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......inal decree. In the plaint, the respondent No.1 plaintiff categorized schedule 'Ka' to 'Cha' as his ancestral village properties of the nature of homestead, nal, pond and ejmali land with other third party co-sharers out of which he claimed only 82 decimals of land stating that those properties belo..Category: Property Law | Date: | Hits: 93
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....he decisions of the Court below are not contrary to law or it has failed to determine material issue of law or that its suffer from any substantive error or effect the procedure producing an error or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, ......ng his address as the allotted plot, without giving any other postal address or correspondence address. He mentioned his address as plot No.34, Block No. CWN (B)-Gulshan, Dhaka for being added as a party. In that application it is totally denied that the agreement for selling of the suit property ..Category: Property Law | Date: | Hits: 100
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....ten statement and by defendant Nos. 8 and 10 by filing another separate statement on identical grounds. 6. Their common case is that the Suit is not maintainable in the present form and is bad for defect of party. They also denied the material allegations made in the plaint. 7. Their specific ......ent and by defendant Nos. 8 and 10 by filing another separate statement on identical grounds. 6. Their common case is that the Suit is not maintainable in the present form and is bad for defect of party. They also denied the material allegations made in the plaint. 7. Their specific case, in s..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....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. ...... 6. Section 31 provides as to when an instrument may be rectified. It is said, through fraud or mutual mistake of the parties an instrument in writing does not truly express their intention, either party, may institute a suit to have the instrument rectified, and if the Court finds it clearly prov..Category: Property Law | Date: | Hits: 49
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......mation he rushed there accompanied by S.I. Md. Rabiul Islam and Havilder Abul Hasem and cithers and entered inside the BRTA complex office and challenged the said person. The informant along with his party men searched the body in presence of the witnesses, recovered one pipe-gym loaded with one car..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......ision (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Md. Rezaul Hasan J Md. Obaidul Kader ............. Petitioner Vs. The State ..................... Opposite party Judgment: May 11, 2011. Cases Referred to- Rahit Pulp Paper Mills Vs. Collector o..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... during trial framed the following issues:- 1. Whether the case was maintainable in its present form and manner? 2. Whether the case was barred by limitation? 3. Whether the case was bad for defect of parties? 4. Whether the petitioner was entitled to the relief as prayed for? During ......la in Miscellaneous Appeal No. 83 of 1991.) Judgment Md. Delwar Hossain J.- This Rule on an application under section 115(1) of the Code of Civil Procedure was issued calling upon the opposite party No.1 (since dead his heirs) to show cause as to why the judgment and order dated 6.8.2006 pa..Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....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.......d 24.11.2004 passed the Joint District Judge, 1st Court, Barguna in Title Appeal No. 101 of 2003.) Judgment Syed Abu Kowser Md. Dabirush Shan J.- This Rule was issued calling upon the opposite party nos. 1-12 to show cause as to why the judgment and decree dated 24.11.04 passed by the learned..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....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. ......elaborate and exhaustive submission against the framing of the further charge as it was called by him additional charge and Mr. Aminul Huq, the learned Attorney‑General appearing for the opposite party State in support of the further charge, submitted that the impugned order does not suffer from..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......orary one and held that the subsequent continuation of voting was illegal and ordered fresh poll to be held in that centre. 9. Mr. Baset Muzumder, the learned Advocate, appearing for the opposite party, submits that the decision held in the case of Altaf Hossain Vs. Abdul Quashem reported in 45 ..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... 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........92 passed by Mr. Md. Aminul Islam, First Additional Assistant Judge, Sadar, Chittagong, in Other Suit No.7 of 1991. 2. Facts, as stated in the petition, in short, are, that the plaintiff opposite party No.1 instituted a suit, being Other Suit No.220 of 1978 for ejectment of a tenant, for arrear ..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......as Md. Sujan Miah and another…………..Petitioners (In Criminal Miscellaneous Case No.10714 of 2003) Vs. The State………………………………………………………….Opposite party (In both cases) Judgment May 26, 2011. Result: The Rules are made absolute. Cas..Category: Criminal Law | Date: | Hits: 86
.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176.......ts as placed before the High Court Division are that the plaintiff instituted Other Class Suit No.247 of 1993 in the Court of learned Senior Assistant Judge, Natore Sadar, Natore against the opposite party No.1 and the predecessor of the opposite party No.2 for Specific Performance of Contract stati..
Category: Property Law | Date: | Hits: 70
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....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. ......, Narayangonj in Money Appeal No. 2 of 2002.) Judgment Sheikh Abdul Awal J.- This Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party to show cause as to why the judgment and decree of affirmance dated 24.4.2004 passed by the le..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......with section 151 of the Code of Civil Procedure in a suit for declaration of title and confirmation of possession pending before her. 2. One Abdul Latif Chowdhury, paternal grandfather of opposite party Nos.1 to 8 and father of opposite party Nos.9 and 10 as plaintiffs brought the suit. The origi..Category: Civil Law | Date: | Hits: 93
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......d. Vs. The State of Uttar Pradesh and others, 1979 (SC) 621. the learned Judges of the Supreme Court of India observed:
"The true principle of Promissory estoppel, therefore, seems to be that one party has by his words or conduct made to the other a clear and unequivocal promise which is intende..
Category: Property Law | Date: | Hits: 92
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....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....... the defendant company in that suit at the time when he order decreeing the suit in part was passed. 9. It has been submitted that Order 12, rule 6 of the Code of Civil Procedure provided that any party way, at any stage of suit, where admissions of fact have been made, either on the pleadings, o..Category: Civil Law | Date: | Hits: 104
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....ties cited the decision in case of Hridoy Ranjan Day Vs. Niranjan Dey reported in 6 MLR (AD) 267=54 DLR (AD) 16 wherein it has been held that person entering into possession of land on the basis of defective title document and having been in continuous possession thereof for more than 12 years a......arned Assistant Judge, Nasirnagar, Brahmanbaria on 30-4-2006 in Title Suit No. 110 of 2005 decreeing the suit. 2. The short facts which have given rise to the Rule are as follows: the opposite party as plaintiff filed Title Suit No.110 of 2005 in the Court of Senior Assistant Judge, Nasirnaga..Category: Procedural Law | Date: | Hits: 72
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
.... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......the present Rule. 7. No one appears to support the Rule although the matter appears in the daily cause list for a long time. 8. The learned Assistant Attorney General appearing for the opposite party opposes the Rule and submits that after considering the materials on record the Court below ri..Category: Criminal Law | Date: | Hits: 71
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