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Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......rty No. 1. Civil Revision No. 3107 of 2003. Judgment Moyeenul Islam Chowdhury J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 29-5-2003 passed by the Joint District Judge, 1st Court, Tangail in Miscellaneous Appe......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Moyeenul Islam Chowdhury J Abdul Malek (Md) and another.......................Petitioners Vs. Sanowar Hossain and others……………………..Opposite Parties Judgment January 21, 2007. Cases Re...... in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
.... Office Letter dated 23-1-1990 issued letter of allotment in favour of the plaintiff. The defendant induced the bidder to participate in auction showing incorrect nature of land in the auction notice published in the newspaper. After registration of lease agreement dated 2-12-1990 and taking possess......r the same but with no effect. He lastly submits that the trial Court after considering the materials on record rightly decreed the suit which calls for no interference by this Court. 12. In order to appreciate the submissions advanced by the learned Counsels for both sides, let us now weig...... High Court Division (Civil Appellate Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Chairman, RAJUK.........Appellant Vs. Abdul Matin Crore..........Respondent Judgment May 25, 2006. Cases Referred To- M......otice dated 18-7-1996, lease agreement dated 2-12-1990 as Exhibits 1, 1 (ka), 1(kha), 1(ga), 2 and 3 respectively. PW 2 AR Faruk proved soil test report as Exhibit 4. 7. The defendant examined one witness i.e. DW 1 Abu Bakar Siddique, Assistant Director Estate, who on cross-examination proved..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
.... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ......ion No. 4398 of 2002 Judgment MA Rashid J.- The pre-emptors obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and order dated 8-7-2002 passed by Joint District Judge, Court No. 1 at Munshiganj in Miscellaneous Appe...... Ed This Case is also Reported in: 59 DLR (2007) 116. ......also Reported in: 59 DLR (2007) 116. ..Category: Property Law | Date: | Hits: 27
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......or the Respondents. First Miscellaneous Appeal No. 61 of 2005. Judgment Md. Arayesuddin J.- This Miscellaneous Appeal has been preferred by the defendant against the judgment and order dated 16-2-2005 passed by the learned Joint District Judge, 2nd Court, Lalmonirhat in Other Su......e is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......tted that the principle of the law is, that if a co-sharer is in possession of specific portion of joint property he cannot be ousted by the other co-sharer till the suit property has not been partitioned by the Advocate Commissioner by metes and bounds. We have perused the impugned judgment ..Category: Property Law | Date: | Hits: 46
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ......he provisions of section 91 of the Local Government Ordinance, 1976 were not complied with prior to the institution of the suit. The fate of this Rule hinges on maintainability of the suit. In order to address this point, let us have a glimpse over section 91 of the Local Government Ordinance......he judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Mahmud Hossain J Abul Bashar Sowdagar and others…………………………Petitioners Vs. Bacha Meah & others………………………………………..……..Category: Property Law | Date: | Hits: 25
Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)
....nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......he State. Criminal Appeal No. 1245 of 1994. Judgment Md. Anwaral Haque J.- This Appeal under section 30 of the Special Powers Act, 1974 (Act XIV of 1974) is directed against the judgment and order dated 12-7-94 passed by the learned Judge of the Special Tribunal & Assistant Sessions Jud......ail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......R (2007) 109. ..Category: Criminal Law | Date: | Hits: 35
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ...... Criminal Appeal No. 3722 of 2004. Judgment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused-appellant Md. Faruq has been preferred against the judgment and order of conviction and sentence dated 26-8-2004 passed by the judge of the Metropolitan Special Tri......with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......hich he kept beneath a pile of pipes beside BR Hall. On 21-72001 at about 1.25 hours the informant took the appellant to the place of occurrence and in presence of witnesses the appellant unearthed one country-made revolver, loaded with two bullets, one country-made shooter loaded with a rifle bul..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....endant No. 1 and the plaintiff respectively. It is further contended that the plaintiff and the defendant No. 1 have been possessing the suit land in ejmali; that SA record of some khatians have been published correctly and some khatians have been published wrongly and collusively at the instance of...... denies it. Moreover, it is reasonable and just that the suitor who relies upon the existence of a fact, should be called upon to prove his own case. The party on whom the onus of proof lies must, in order to succeed, establish a prima facie case. He cannot on failure to do so, take advantage of the......i vs Suruj Ali and others 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; Government of Bangladesh represented by the Additional Deputy Commissioner (Rev)......ate Division Judgment here. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: S Rahman Miah J SM Ziaul Karim J Nurjahan Begum………………....Petitioner Vs. Nur Rahman and others……… Opposite Parties Judgment August 28, 2006. R..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....e Synagogue, New York wrote in March, 1910 in an article entitled "Justice to the Child" in very poignant language thus, "Seeing that "The Cry of the Children"[a poem by Elizabeth Barrett Browning published in 1843 telling the tale of children working in the mines (added by me) "has not been hear......ce of death imposed upon accused Md. Roushan Mondal @ Hashem upon finding him guilty under section 6(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, ("the Ain") by the judgment and order dated 13-1-2004 passed by him sitting as the Nari-o-Shishu Nirjatan Daman Bishesh Adalat and A......e lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ...... (HCD) (2006) 549. ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ...... execute and deliver the said sale deed, which defendant Nos. 1 and 2 were contractually bound and legally obliged to do. Moreover, they proceeded to mortgage the said apartment to defendant No. 3 in order to obtain a loan which is mala fide and fraudulent act of them. Hence the suit. 4. The defe......Appellants Vs. Md. Shamsuzzaman and others………….…………….Respondents Judgment July 19, 2006. Cases Referred To- Ali Mahammad Khan (represented by his heirs) vs. Riazuddin Khera PLD 1981 Karachi 171; Shankarkal Narayan Das vs. The New Mofussil Co Ltd. and others AIR 19......discussion defendant No. 1 also informed him that out of 10 apartments of the above "BLISS" Apartment Project he had already sold nine apartments to his relatives and he offered to sell the remaining one i.e. apartment No. 3B (located on the 3rd floor at the western side of the building) as shown in..Category: Business or Commercial Law | Date: | Hits: 208
Abul Kalam Vs. State, 2005, 34 CLC (HCD)
....ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......-General—For the Respondent-State. Criminal Appeal No. 422 of 1989. Judgment SM Ziaul Karim J.- By this appeal convict appellant Abul Kalam has challenged the propriety of the judgment and order dated 20-8-1989 passed by the Additional Sessions Judge, Jessore in Session Case No. 108 of 19......d. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ...... Joynur Khatun alias Chhoto Buri daughter of PW 1 Anowara Khatun was married with accused Abul Kalam of village Bajechaulahati within Police station Monirampur, District-Jessore, during their wedlock one son named Joynal Abedin born. Accused Abul Kalam was the domestic son-in-law of PW 5, Md Ismail ..Category: Criminal Law | Date: | Hits: 40
....e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
......f 2003.
Judgment
ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of the petitioners SM Hasan Faruqi and 8 others calling upon the respondents to show cause as to why the impugned order of respondent No. 1 under স্বক্ষর নং-জাতি: বি: পরী:/অন......rs is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
......Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
ABM Khairul Haque J
ATM Fazle Kabir J
SM Hasan Faruqi and others....................................Petitioners
Vs.
Controller of Examination, National University, and others………..Respondents
..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......ition No. 667 of 2001 Judgment Md. Muzammel Hossain J.- This Rule Nisi was issued at the instance of the petitioner calling upon the respondents to show cause as to why the decision and order of the Chairman of the Labour Court, Khulna passed in Case No, C9 of 1997 (Annexure-A) should ......r Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......urt High Court Division (Special Original Jurisdiction) Present: Md. Muzammel Hossain J Farid Ahmed J Siddiqur Rahman……………………………Petitioner Vs. Chairman, Divisional Labour Court and others……….Respondents Judg..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......y against sufficient security by way of mortgage, hypothecation, etc. of the project assets of the Company. The respondent No. 4 is a secured creditor and his interest should not be jeopardised by an order of winding up passed by this Court. The respondent No. 4 has stated that it has advanced subst......he application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......Reported in: 52 DLR (HCD) (2000) 62. ..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......bul Ahmed, Advocates—For the Opposite Party No. 1. Civil Revision No. 3682 of 2003. Judgment Sheikh Abdul Awal J.- This Rule at the instance of defendant-petitioner is directed against the order No. 83 dated 29-7-2003 passed by the learned Joint District Judge, 2nd Court, Chittagong in pa......s vs. Ghulam Shah 15 DLR 315; PLD 1982 (Kar) 111; AIR 1961 Bom 136; AIR 1953 Cal 15; Abdur Rahman vs. Sajjadur Rahman 51 DLR 420; Abul Kalam Azad vs Sunhar Ali 46 DLR (AD) 130; Major (Retd) M Afsaruddin vs Kamal Rahman 41 DLR 190; Kirtish Chandra Dev vs. Begum Sufia Akhtar 1992 BLD 591 = 46 DLR 313;......ment here. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7..Category: Property Law | Date: | Hits: 42
.... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......
Writ Petition No. 1547 of 20006.
Judgment
Farah Mahbub J.- This Rule under Article 102 of the Constitution has been issued upon the respondents to show cause as to why the impugned order No.36 dated 1-1-2006 passed by the respondent No. 1, the learned Additional District Judge, 1s...... be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......nal Jurisdiction)
Present:
Mirza Hussain Haider J
Farah Mahbub J
Doly Enterprise & others………………………………………………………………Petitioners
Vs.
Additional District Judge, 1st Court, Dhaka and another…………Responden..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30....... Criminal Appeal No. 1808 of 2002 with suo moto Rule No. 122 (R) of 2002. Judgment Syed Md Ziaul Karim J.- By this appeal convict appellants have challenged the propriety of the Judgment and order dated 9-6-2002 passed by the learned Additional Sessions Judge, Second Court, Bogra in Session......rts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......s imprisonment for 5 (five) months more, convicting appellant Raushan Ali and appellant Hakim Ali under section 326 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 1(one) year and also to pay a fine of Taka 3,000 in default to suffer rigorous imprisonment for 3(thre..Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......d. Golam Farid and Criminal Appeal Nos. 3854 of 2003 and 3713 of 2003 at the instance of convict appellants namely, Md. Habibur Rahman and Md. Ripon respectively are directed against the Judgment and order dated 18-9-2003 passed by Druto Bichar Tribunal, Barisal in Druto Bichar Tribunal Case No. 54 ......ords at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......, Habib and Farid although they were tried under aforesaid charge. 6. In course of trial the prosecution in all produced thirteen witnesses, of them examined eleven witnesses. The defence examined one. 7. After closure of prosecution evidence when appellants were examined under section 342 of ..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......State. Criminal Appeal No.991 of 1998. Judgment Sheikh Abdul Awal J.- This appeal at the instance of sole convict appellant Gour Chandra Pal is directed against the judgment and order of conviction and sentence dated 29-3-1998 passed by the Judge, Nari-o-Shishu Nirjatan Daman B......an Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......0 in default to suffer further rigorous imprisonment for 6(six) months more with a direction that both the sentences will run concurrently. 2. The prosecution case in short is that on 124-97 one Makhan Lal Das as informant lodged a first information report with Narail Police Station allegin..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ...... the State. Criminal Appeal No. 195 of 1998. Judgment Mashuque Hossain Ahmed J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order of conviction and sentence dated 21-1-1998 passed by the Special Tribunal and Additional Sessi......udgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......n) years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for a period of 6(six) months. 2. The background of the prosecution case, in accordance with the FIR, is that one Md. Jane Alam at the first instance made GD Entry with the Boalia Thana on 7-1-1995 to the effec..Category: Criminal Law | Date: | Hits: 40
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