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State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)

....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......n behalf of accused Ismail Mollah alias Galu and Md. Eunus Mollah annexing by firisti papers relating to several cases in an attempt to show previous dispute and enmity between them and the informant party. 24. Upon consideration of the above evidence and materials on record, the learned trial Ju..

Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31

M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)

....ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......, Dhaka, in Title Suit No.141 of 1999, allowing an application filed under order VI Rule 17 of the Code of Civil Procedure. 2. Short facts leading to this Rule, are that on 25-04-1995 the opposite party No.1 as plaintiff instituted Title Suit No.115 of 1995 in the second Court of Subordinate Judg..

Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42

Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)

....tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......jhi Vs. Atahar Ali Howlader and others, 13 BLT (AD) 3. Lawyers Involved: Mahbubey Alam, Senior Advocate with Samarendra Nath Biswas, Advocate - For the petitioners. No one for opposite party Nos.1-5 Mr. N.K. Shaha, Advocate - For added, opposite party Nos.6-14. Civil Revision No...

Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25

Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)

....he was a boy of 16 years as claimed on the date of execution of exhibit-1 a marriage entered into by such person will be at best irregular one such marriage becomes valid marriage by removable of the defect, namely by attainment of majority as per section 251 of the Mahomedan Law referred to at page......ender age and his evidence cannot be rejected but unfortunately in the instant case defendant No.1 has been withheld without any explanation. The learned advocate appearing for the plaintiff-opposite party however submits that the Muslim marriage is not a sacrament but a civil contract and therefore..

Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127

Additional Deputy Commissioner (Reve­nue) and Assistant Custodian, Vested Property, Jamalpur Vs. Md. Ubbar Mondal and others, 2006, 35 CLC (HCD)

....992 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for in­formation. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 488. ......1992 passed by the Subordinate Judge (now Joint District Judge), Jamalpur in O.C. Suit No.29 of 1986 decree­ing the suit and sending back the suit on re­mand for retrial. 2. The opposite party nos.1-13 as plain­tiffs filed Title Suit No.29 of 1986 in the Court of Subordinate Judge, ..

Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....ill of her husband to a stranger. The pro­ceedings for revocation of the grant of probate under section 263 of the Succession Act, 1925 having been produced on the specific grounds of substantial defect in the proceedings to ob­tain the grant and forgery, the learned Judge erred in law and f......n the Court of District Judge, Rajshahi, for revocation of Probate granted on 12.04.1974 arising out of Will dated 13.02.1972. 3. The case of the petitioner, in short, is that principal opposite party No.1, Negendra Nath Roy, obtained Probate of last will and testament of Mokshoda Bala Dasaya (..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)

....ment July 2, 2006. Result: The Rule is discharged. It is the plaintiff who is to prove his own case independently and must not depend on defence witness. There may be thousands of defects in the documents of the de­fense as well as their case, but that does not entitle the pl...... as to what material evi­dence on record was not considered by the appellate court. 8. On the other hand, Mr. Golam Mostafa, the learned Assistant Attorney General appearing for the opposite party supports the decision the appellate court. He submits that the taluks were acquisitioned after..

Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3

Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)

....nd in this view of the matter, the notices under section 106 of the said Act cannot be called in question. 14. It is also the submission of Mr. ASM Kamal Amroohi Chowdhury that there may be some defects in the notices under section 106 of the Transfer of Property Act, But those defects should b......oners are the members of a joint family and the petitioner No. 1 runs business in the suit shop house. The petitioner No.1 is a habitual defaulter, inasmuch as he did not pay any rent to the opposite party No.1 since 1st March, 1992. The opposite-party Nos. 2 and 3 live abroad and the opposite-party..

Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4

Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)

.... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ......he plaintiff from the 'D' schedule property and changing the natured and character of the vacant land and giving lease or transfer or construct any stracture in the 'C' schedule property to any other party and for a declaration for profit of Taka 20,000/- per month. 5. Defendant No.3 after appear..

Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......ve law to prevent and eliminate bribery and corruption from amongst the public servants. 7. According to a recent news report published in the national daily newspapers, the members of a political party are raising money to pay the fine imposed upon the res­pondent No.4 and obtain release of the..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Md. Didarul Hasan Vs. State, 2006, 35 CLC (HCD)

....in, 2000 there is no scope for granting anticipatory bail. In the result, this rule is made absolute with this observation. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 65. ......urt of Nari-O-Shishu Nirjatan Daman Tribunal No.3, Chittagong. At the time of issuance of rule, this Court enlarged the accused petitioner on anticipatory bail. 2. The complainant was not made a party, in the rule petition, later on, she was added as opposite party, alleges that, the accused pe..

Category: Women and Children | Date: 25 May, 2006 | Hits: 26

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

....to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......feguard the interest and welfare of the minor but with ill motive to defend accused Rabiul Hasan and obstruct fair trial. 20. We have allowed application for addition of informant appellant as a party in Criminal Appeal No.3726 of 2005. 21. On plain reading of section 31 discretionary auth..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ......ation of sanction of issue of capital as per regulatory requirements and filing for ap­proval. 13. Clause 2 of the Agreement reads as follows: "2. The range of services of the second party will be: a) Preparation of sanction of issue of capital as per regulatory re­quirements..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ...... sake of brevity and convenience we would like to discuss, in brief, the respective petitioner's cases separately. In Writ Petition No.1405 of 2004 arising out of I.R.O. Case No.23 of 2001 the 1st party petitioner Hasmat Ali along with other colleagues initially was appointed Aircraft Mechanic o..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

.... enjoying the majority, usually controls the Parliament. The members ventilate the grievance of the people of their locality. They debate the various measures proposed by the Government, exposing the defects therein. 27. The end of the two great world wars saw emergence of a number of new indep...... representatives for their service. 25. There comes an elected member of Parliament. He is elected from his constituency. He represents all persons in his area irrespective of whatever political party he belongs. 26. By and large, a Parliament is a legislative body and its members are law..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......in support of its case has examined 3 witnesses including the infor­mant, who is the investigating officer as well. Md. Abu Jafor (P.W.2) and Nasirullah Bhuiyan (P.W.3) are members of the raiding party. 5. P.W.1 stated that the raiding party was formed with 16 personnel of his department an..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)

.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......by plaintiffs-petitioners for amendment of plaint under Order 6, Rule 17 of The Code had been fired off. 3. Civil Revision Petition had been offered a rejoinder from the side of defendant opposite party No.1 (b) by way of a Counter-Affidavit. 4. The legal debate attracting the attention of thi..

Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29

Nazim Vs. State, 2006, 35 CLC (HCD)

....ay is allowed. In the result, the Rule is made absolute. The office is directed to register the appeal and do the needful. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 353. ......irker and preferred this appeal and, as such, the aforesaid delay occurred. 4. Heard the learned Advocate for the convict-appellant and the Assistant Attorney-General, appearing for the opposite party, the State. Perused the application for condonation of delay. The reason and explanation given..

Category: Procedural Law | Date: 29 Mar, 2006 | Hits: 32

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

....t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......o write out a judgment as contemplated under Order 41, Rule 31 of the Code. 12. Though the case appeared in the daily cause list on three occasions, none appeared on behalf of plaintiff-opposite party No.1. 13. Having perused the judgment of the appellate Court, I find that the learned Add..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)

....mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ..

Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84