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Arefa Bewa and others Vs. Alekjan Bewa & others, 2009, 38 CLC (HCD)

....discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ......stant Judge, Second Court, Bogra in Partition Suit No. 248 of 1969 decreeing the suit. 2. This revisional application arises out of the following facts: On 30-5-1969 predecessor of the opposite party Nos. 1-10 as plaintiff instituted, Other Suit No. 248 in the Court of the then Munsif, Second ..

Category: Property Law | Date: | Hits: 72

State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)

....Procedure is mandatory one and non filling of some column by the Magistrate is clear violation of the said law and failure to comply with the provision of law makes the confession of no value and any defect of it is not curable under section 537 of the Code of Criminal Procedure. In this connection ......হারা) for their security and the village people apprehended accused-Asharaf Ali with a torch light and took him at the college field and where Ashraf disclosed and admitted that he was a party to the killing of Maju and Ripon was with him, who dealt a rod blow on the head of Maju and At..

Category: Criminal Law | Date: | Hits: 82

Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)

....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......1 Subodh Biswas and Susil Biswas (since acquitted) are established cloth merchants and owner of a big cloth shop named 'Bastraniketon' at Monoharpur within Comilla town and that the informant and his partymen took away Bangladeshi currency notes amounting to Tk. 17,95,924.00 from the possession of a..

Category: Criminal Law | Date: | Hits: 75

SM Naimul Hoque Vs. Additional Deputy Commi­ssioner (City) Dacca and others, 1981, 10 CLC (HCD)

....que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......of PO 16 of 1972 relating to an application for the release of an abandoned house made before a prescribed authority being an administrative tribunal exercising quasi judicial functions, an aggrieved party is entitled to obtain a certified copy of the relevant papers in the proceeding including the ..

Category: Property Law | Date: | Hits: 65

Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)

.... agitated before this Court. 8. It appears from his elaborate discussion basing on the records of the case that in the written statement the defendants raised an objection that the suit is bad for defect of parties and thereafter the issues were framed and 4.6.91 was fixed for peremptory hearing ......nder Order 11 rule 21 of the Code for striking out the written statement filed by defendant Nos. 2 and 3. Mr. Sinha also submitted that the trial Court has ample jurisdiction in awarding costs to any party at his discretion who seeks adjournment and referred the Civil Rule No.127 in Chapter VII of C..

Category: Procedural Law | Date: | Hits: 68

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ......ficer, Saturia falsely stating that since the settler Sakhi Lal Roy Chowdhury had left no heir in Bangladesh to manage and administer the trust he may be appointed trustee and the respondent opposite party No.2 namely, the Additional Deputy Commissioner appointed the Thana Revenue Officer 4.8.86 as ..

Category: Trust/Waqf Law | Date: | Hits: 183

Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)

....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ......Rahman Saha, 19 BLD (AD) 183. Lawyers Involved: Abul Kalam Chowdhury, with Md. Osman Ghani, Advocates- For the petitioner. Khayer Ejaj Masud, with Sarder Abul Hossain, Advocates-For opposite party Nos. 1-6. Civil Revision No. 485 of 2010. Judgment Hasan Foez Siddique J.-  ..

Category: Limitation Law | Date: | Hits: 219

Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)

....pre-emptor had the knowledge of the sale from the very beginning of the sale, (ii) the pre-emption case is barred by principle of estoppels, waiver and acquiescence and (iii) the case is also bad for defect of parties inasmuch as some of the co-sharers being the heirs of Jonab Ali and Abdul Latif we......d his heirs Vs. Hari Mohan Shil and others 4 BLD (AD) 27. Lawyers Involved: Syed Mahmudul Ahsan, Advocatep-For the petitioner. Probir Halder with Abul Kalam Azad, Advocates-For the opposite-party No.1. Civil Revision No.1251 of 2010. Judgment Sheikh Abdul Awal J.- This Rule was is..

Category: Property Law | Date: | Hits: 62

Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corpora­tion and another, 1990, 19 CLC (HCD)

....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ..

Category: Property Law | Date: | Hits: 71

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502....... the time when the Rule was taken up for hearing, cannot be a ground to reject the petition as that would be overlooking the fraud committed by the respondent on this Court, and in no circumstances a party should feel encouraged or be allowed to commit such fraud. 24. We find that the whole proce..

Category: Civil Law | Date: | Hits: 87

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....e said suit was eventually decreed on contest on 18.03.1907. Against the said judgment and decree, Fazal Kabir Khan filed Title Appeal No.161 of 1911 but the said appeal was allowed because of formal defects in the plaint. Md. Putan filed Title Suit No.89 of 1909 impleading Fazal Kabir Khan as the p......ourt Division when it did not take the judgment, Exhibit-(M-2), into consideration and did not rely on it. In simple terms, it can be said that a judgment is not binding against a person who is not a party to the suit in which it was passed and as such, the said judgment cannot be the basis of the j..

Category: Property Law | Date: | Hits: 116

Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

....that they would withdraw the Government's portion of the salary and benefits on the basis of their entitlement in the manner the authority would sanction from June, 2001 to June, 2002 and that if any defect is detected later on, they would be held responsible for the excess amount withdrawn by them....... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..

Category: Employment/Service Law | Date: | Hits: 204

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ...... their arch enemy; that the petitioner was a resident of Bangladesh on the 25th of March, 1971 and he continued to be so resident and on the 22nd of November, 1971 he went to Lahore for attending his party's central working committee meeting and on the 3rd of December, 1971 the petitioner was return..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)

....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ...... the decree for prohibitory injunction the decree is enforceable for the reliefs provided in Order XXI rule 32(1) of the Code of Civil Procedure which is in the following terms: "32. (1) Where the party, against whom a decree for the specific performance of a contract, or for restitution of conju..

Category: Civil Law | Date: | Hits: 100

Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)

....th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482.......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482...

Category: Company Law | Date: | Hits: 205

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......pellate Tribunal, 3 BLC (AD) 155, Rana Birpal Singh Vs. Emperor, AIR (36) 1949 Bombay 161. 13. Per contra, Mr. Mahbubey Alam, the learned Attorney-General appearing on behalf of the State-opposite-party, submits that the Act of 1973 is a special law and this law has been designed to try persons w..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......ear or favour. He points out from the decision in the Al-Jehad case that if the system of appointing the senior-most judge is not adhered to then those who are not so senior will strive to please the party in power in order to be appointed the Chief Justice in superses­sion of their senior colleagu..

Category: Constitutional Law | Date: | Hits: 228

Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)

.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... which is quite at a distance from his house and P.W.1 would mention the same in the FIR. Even after 1‑½ months of the occurrence when P.W.3 was examined by the Investigating Officer the informant party did not implicate or suspect accused Ansar Ali and Dalil with the murder of Khasru. As to the ..

Category: Criminal Law | Date: | Hits: 91

State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)

....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......Party were running hither and thither when two workers sustained injuries due to explosion. The Party Workers present there told that before the occurrence the member of Parliament and Whip of Ruling party Mr. Mirza Azam was found passing the front of the office of the Chairperson. In February, 2009..

Category: Criminal Law | Date: | Hits: 98

Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)

....uit is set aside and thus, the suit is hereby decreed. 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 BLC (2011) 791. ......petitioner as plaintiff instituted Title Suit No.169 of 2003 in the Court of Senior Assistant Judge, Savar Dhaka for specific performance of contract for sale of the suit land impleading the opposite party Nos.1-3 as defendants, stating, inter alia, that defendant No.3 purchased the suit and measuri..

Category: Property Law | Date: | Hits: 74