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Zabbar Muhury Vs. State, 2011, 40 CLC (HCD)
....any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......: AKM Asaduzzaman J AKM Zahirul Hoque J Zabbar Muhury ……………………………………..Petitioner Vs. The State ………………………………….………….Opposite party Judgment February 13, 2011. Lawyers Involved: Md.Nurul Haque, Advocate-For the pet..Category: Criminal Law | Date: | Hits: 46
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any subÂstance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......f possession on 28.01.1976 and thereafter she died intestate on 20.11.1977 leaving behind her only son Ahmed Newaz Bhuiyan to inherÂit her properties including the suit properÂty, who has been made party in the suit as defendant No.1, and said Ahmed Newaz Bhuiyan entered into an agreement for sale..Category: Property Law | Date: | Hits: 61
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589......., District Judge, Brahmanbaria in Title Appeal No.40 of 1989 affirming those of the learned Subordinate Judge, Brahamanbaria passed in a suit for partition being Title Suit No.2 of 1982. The opposite party No. 1 as plaintiff filed the aforesaid suit against the petitioner as defendants. 2. Facts ..Category: Property Law | Date: | Hits: 89
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..Category: Criminal Law | Date: | Hits: 67
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....the above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......red in law in disÂcharging the Rule on grounds of maintainÂability inasmuch as it is trite law that breach of obligation under a contract, albeit an ordinary commercial contract between and private party attracts writ jurisdiction when the Government acts mala fide or arbitrarily or in a discrimin..Category: Others | Date: | Hits: 118
MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)
....of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ......ts that under section 6(5) of the Ain, the creditor ought to proceed against the borrower first but if the recovÂery is found to be insufficient, only then the creditor can proceed against the third party mortgagors and the guarantors but in the instant case, the bank in violation of the above equi..Category: Property Law | Date: | Hits: 54
Category: Limitation Law | Date: | Hits: 165
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....urt is to see whether the appellate Court committed any error of law and secondly, such finding has resulted in any failure of justice. Erroneous finding of fact is a different thing from an error or defect in the procedure. If the appellate Court had no jurisdiction to hear the appeal, in spite of ......in affirming the judgment and decree dated 31-5-1999 passed by the learned Subordinate Judge, 2nd Court, Kishoreganj, in the Other Class Suit No. 212 of 1993 in decreeing the suit. 2. The opposite party Nos. 1 to 5 Rabindra Chandra Saha and others as plaintiffs filed Other Class Suit No. 212 of 1..Category: Property Law | Date: | Hits: 126
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......nions being Moaz, Talha, Mahmud, Arif, Mamun and others came. PW 2 asked for he money but Mehedi requested PW 2 to stay there for some time and to take meal with them and to meet the leaders of their party who were expected to arrive soon. So PW 2 stayed there and at 12-00/12-30 AM five persons arri..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......nt jail appellant Hiru Mia and another person to get down from a rickshaw with bags in their hands, opposite to the road (in front of them). Their movements appearing to be suspicious they (informant party) were crossing the road for the purpose of interrogation and search of them. At their sight th..Category: Criminal Law | Date: | Hits: 63
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....a 3,00,000 only. 11. On the pleadings following issues were settled: (a) Was the case maintainable in the manner and form as framed? (b) Was the case barred by limitation? (c) Was the case bad for defect of parties? (d) Was the case hit by principles of waiver and acquiescence? (e) Was the pre-em......Panchamoni Dasi and Sudhir Das in their specified shares. While jointly possessing his shares, Satish Chandra Das died leaving three sons, namely, the pre-emptor and respondent Nos. 2 and 3 (opposite party Nos. 4 and 5 in the application). 4. Besides, Panchamoni Dasi exhausted her interest in the..Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......s. Civil Revision No. 20 of 2006. Judgment Siddiqur Rahman Miah J. - This revisional application under section 115(4) of the Code of Civil Procedure at the instance of the plaintiff opposite party is directed against the judgment and order dated 27-11-2005 passed by the learned District Jud..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......ffirming the judgment and decree dated 21-7-1999 passed by the learned Family Court Judge and Assistant Judge, Shaturia, Manikganj in Family Suit No. 13 of 1997 decreeing the suit. 2. The opposite party Sonia Pervin Liza (Minor) as plaintiff filed the Family Suit No. 13 of 1997 in the Family Cour..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....d easy access to every part of the house. Taking advantage of his position Hasan, at about 3-30 PM on 1-4-1998, entered into Shajneen's bedroom and asked her to go inside her bathroom to show him the defective mirror which was required to be replaced. In good faith Shajneen went with Hasan inside th......PW1 Md. Mojibur Rahman, Assistant Superintendent of Police of the Criminal Investigation Department (CID) lodged an first information report stating that on 23-4-1998 during 8-00 to 10-15 PM a dinner party was going on in the upstairs of the house No. NEJ-4, Road No. 83, Gulshan, Dhaka (shortly refe..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
.... First Court Jhalakati, framed the following issues for the disposal of the suit. 1. Is the suit maintainable in its present form? 2. Is the suit barred by limitation? 3. Is the suit bad for defect of parties? 4. Have the plaintiff’s possession on the basis of CS record? 5. Are the ......ppeal No. 106 of 1999 reversing the judgment and decree dated 19-7-1999 passed by the Subordinate Judge, First Court Jhalakati, in Title Suit No. 52 of 1994 in dismissing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled prop..Category: Property Law | Date: | Hits: 70
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ant Ordinance, 1973 is liable to be rejected? (iii) Whether the Tribunal was correct in confirming the disallowance confirmed by the Commissioner of Taxes (appeal) without pinpointing any specific defect and without finding any error of entry in the books of accounts and without giving an opportu......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......œà¦¾à¦¨à¦¾à¦‡à¥¤ 5. The learned Counsel also took us to an order of a Division Bench under Writ jurisdiction in Writ Petition No. 3073 of 2006 wherein the learned Writ Bench directed the opposite party not to arrest or harass the petitioner for two months from 9-4- 2006. But in violation of that..Category: Criminal Law | Date: | Hits: 64
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......them and the alleged offence. The positive case of the defence is that Abdus Sobhan. Now Chairman of the Deklerpur Union Parishad is the brother-in-law of the informant whereas the appellants are the party men of the former Chairman Yeakub. There is a long standing election dispute between them, tha..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....nge or cheque if payable to bearer, or the payee or endorsee thereof, if payable to order, before it became overdue, without notice that the title of the person from whom he derived his own title was defective. 171. Such holder in due course can have no better title than the party from whom i......e after due date of shipment and even after expiry of the letter of credit, the KEB would not have any remedy in law except pursuing the beneficiary. 77. He submitted that if the KEB was not a party to fraud it could still have recourse against the beneficiary but not against the PBL. ..Category: Business or Commercial Law | Date: | Hits: 289
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
..... 4. Leave was granted to consider the subÂmissions of Mr. Mahmudul Islam, learned Counsel, for the appellant that "the findÂings of the High Court Division are that the suit itself suffers from defect of parties for not substituting the heirs of the deceased pro-forma defendant who admitÂted ......ndents submitted that the heirs of defendant No.25 who died after filing written statement, being necesÂsary parties in the suit having not been substituted, the suit is apparently bad for defect of party; that the plaintiffs failed to prove the alleged story of transfer of the suit land by defenda..Category: Property Law | Date: | Hits: 74