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Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....bsolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......oved A suggestion without being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generally evidence of a doctor is considered to be independent and more reliable and in case of conflict preference can be given to occular evidence. But this is n..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
....o the suit land. Kumar Gourish and others sold some land to Mohd. Ali and others in plot Nos.10215 and 10294 and the purchasers have created a pathway which runs by the south of the homestead of said Md. Ali Nulufa BeÂgum and others and by the north of the plaintiff’s homestead to meet the Munici......s. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... Vs. Muzammel Khan & Others........................Opposite Parties Judgment April 30, 1989. Result: The rule is discharged. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The LimiÂtation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....low at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......ttal is not.……………(14) Case Referred to- Dewan Obaidur Rahman Vs. State, 19 BLD (AD) 128. Lawyers Involved: Md. Kofiluddin Khan, Advocate - For the Petitioners. Mohammad Ali with AKM Shamshad, Advocates - For the Opposite-Party No.1. Md. Shahidul Islam, Deputy ......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......rted in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....editiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......dgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......BLC (HCD) (2011) 225. ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......e 120 of the First Schedule to the Limitation Act, 1908 i.e. 6 years prior to the date filing of the Family Suit……………………(50 & 52) Cases Referred to- Jamila Khatun Vs. Rustam Ali, 4 BLT (AD) 97; 48 DLR (AD) 110. Lawyers Involved: Md. Abdul Haque - For the Petitioner.&n......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......12, 2011. Result: The Rule is disposed of. The Muslim Family Law Ordinance, 1961 (Ordinance No. VIII of 1961), section 7 Talaq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of reco..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....an Vs. Wajed Ali Fakir, 44 DLR 495; Shambhu Nath Poddar Vs. Bangladesh Railway, 43 DLR (AD) 83. Lawyers Involved: Nikhilesh Dutta, Advocate - For the Petitioners. AB Roy Chowdhury with Md. Kamrul Alam Kamal and Mohammad Hasibuddin, Advocates - For the Opposite Party Nos.1, 2 & 4.&......d that the plaintiff successÂfully proved his case, the said finding cannot be interfere with in the revisional Jurisdiction………………(13) Cases Referred to- Abdus Samad Khan Vs. Wajed Ali Fakir, 44 DLR 495; Shambhu Nath Poddar Vs. Bangladesh Railway, 43 DLR (AD) 83. Lawyers Involv....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Emdadul Hoque J Nur Mohammad……………………Defendant-Appellant-Petitioners Vs. Serajul Islam and others………………………Plaintiff-Respondents Judgment February 9, 2012. Resul..Category: Property Law | Date: | Hits: 134
.... records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......hort, is that one Kali Narayan Choudhury was owner-in-possession of the suit land along with other land. While he was thus in possession he settled the suit land along with other land with one Shaheb Ali, the predecessor-in-interest of plaintiffs and delivered possession. The record of rights was al......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......on
(Civil Revisional Jurisdiction)
Present:
Mohammad Abdur Rashid J
Md. Monowarul Hoque………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
Result:
Th..
Category: Property Law | Date: | Hits: 100
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......in the specified time by giving go-bye to the established principles of trial causing prejudice to an accused…………………………(27) Cases Referred to- State of West Bengal Vs. Anwar Ali and others, AIR 1952 SC 75; Waris Mea Vs. State, 9 DLR (SC) 117. Lawyers Involved: M Amirâ......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ...... Case is also Reported in: 55 DLR (HCD) (2003) 636. ..Category: Criminal Law | Date: | Hits: 177
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......male labourers were found there. It is further stated that on the interrogation of the arrested accused and the witnesses, it was known that the aforesaid factory had been operating jointly by Rustom Ali, Afsar Ali, Parvez, Md. Azizur Rahman Molla for the last 3/4 years and have been illegally produ......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......is Case is also Reported in: 18 BLT (HCD) (2010) 409. ..Category: Procedural Law | Date: | Hits: 142
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......t of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......also Reported in: 55 DLR (HCD) (2003) 630. ..Category: Civil Law | Date: | Hits: 163
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....……………………(27) Cases Referred to- Osman Goni Vs. State, 15 BLD 501; Abdul Alim Vs. Biswajit Dey, 59 DLR 236; Ali Akkas Vs. Enayet Hossain, 27 BLD(AD) 44. Lawyers Involved: Md. Abdul Jalil, Advocate - For the Petitioner. Sakila Rowshan, Deputy Attorney-General wit......choose any one of the Courts in whose jurisdiction any of the 6 components of the said offence was done. ……………………(27) Cases Referred to- Osman Goni Vs. State, 15 BLD 501; Abdul Alim Vs. Biswajit Dey, 59 DLR 236; Ali Akkas Vs. Enayet Hossain, 27 BLD(AD) 44. Lawyers Involved...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......t any reference as to jurisdiction. Normally the provision of Criminal Procedure Code is to be followed in such case. Section 177 Cr.P.C. provides that every offence shall ordinarily be enquired into and tried by a Court within the local limits of whose jurisdiction it was committed……………â€..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....f detention on 1.3.89, the further detention being without a lawful order has also been illegal………………………(10) Lawyers Involved: S.S. Halder, Advocate —For the Petitioner. Md. Delwar Hossain, Assistant Attorney General—For the State. Writ Petition No.221 of 1989. ......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ...... of detention with a view to preventing a person from doing a prejudicial act within the meaning of section 2(f) (i) of the Special Powers Act. Any such order of detention is without lawful authority and as such, the detention of the detenu on the basis of this order must also be deemed to be withou..Category: Criminal Law | Date: | Hits: 74
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
.... action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......overy of explosive substance doubtful………………………………………………………………………………………………….(24) Cases Referred to- 47 DLR 451; Mohammad Ali and another Vs. The State, 1 BLC 164. Lawyers Involved: Md. Abdur Razzaque, Advocate for S......ail bond. 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: 13 MLR (HCD) (2008) 155. ......f absolute evidence regarding the fact that the appellant caused by any explosive substance any explosion of a nature to endanger life or to cause serious injury to person or property, the conviction and sentence under section 3 of the Explosive Substance Act cannot be sustained. ………….(20) ..Category: Criminal Law | Date: | Hits: 103
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......de abslute.......……………………….. (7 & 8) Cases Referred to- Abdul Quddus (MD) Vs. Md. Mobarak Hossain, 51 DLR (AD) 54; Nur Islam (Md.) Vs. Agrani Bank, 49 DLR (AD) 135; Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: J. N. D......itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......ation on the same date before rising of the Court, the learned judge instead of fixing the matter for hearing on a subsequent date could have avoid trouble by simply re-callÂing the order of default and fix the date for disposal of the appeal. In the failure to do so, the order passed by the learne..Category: Procedural Law | Date: | Hits: 154
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....y Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......dun Noor and others……………………….Opposite Parties Judgment June 8, 1997. Result: The Rule is made absolute. Cases Referred to- Abdus Samad & others Vs. Md. Sohrab Ali & others, 33 DLR (AD) 113; Md. Abdul Jalil Vs. Durjan Ali @ Siddique Hossain and others, 33 ...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......eported in:49 DLR (HCD) (1997) 414. ..Category: Property Law | Date: | Hits: 155
....t Division
(Civil Revisional Jurisdiction)
Present:
Qazi Shafiuddin J
Gour Gopal Saha J
Abdul Halim Talukder alias Chand Mia Talukder…………………………Petitioner
Vs.
Md. Hazrat Ali Talukder and others…………………………Opposite Parties
Judgment
July......
(Civil Revisional Jurisdiction)
Present:
Qazi Shafiuddin J
Gour Gopal Saha J
Abdul Halim Talukder alias Chand Mia Talukder…………………………Petitioner
Vs.
Md. Hazrat Ali Talukder and others…………………………Opposite Parties
Judgment
July 29, 1997.
......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
......so Reported in:49 DLR (HCD) (1997) 564.
..
Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ubmit a report to this Court personally within two weeks from the date of receipt of the order. 3. The short fact relevant for disposal of the Rule is that the detenu was arrested on 1‑6‑97 by Md. Afsar, ASI in charge of Hajirhat Police out post PS Ramgati, District‑Laxmipur from his villag......ondents Judgment November 20, 1997. Result: The Rule is made absolute. Lawyers Involved: Tariqul Hakim with K M Jabir and AKM Enayet Hossain, Advocates ‑ For Petitioner. Mahbub Ali, Assistant Attorney‑General ‑ For the Respondents. Writ Petition No. 4908 of 1997. Jud...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......ion) Present: Mahfuzur Rahman J M M Ruhul Amin J Shahanewas……………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, and others…………………..Respondents Judgment November 20, 1997. Result: The Rul..Category: Criminal Law | Date: | Hits: 88
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....reby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......ough the impugned order and the petition Annexure 'A' and report Annexure‑‘B’. Annexure‑'A' shows that the petitioner along with four others namely, Rafiqul Islam Member, Nishaw Marina, Hakim Ali and Zhelu Marma filed this petition. Inquiry report Annexure‑'B' shows that except petitioner ......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......nal Procedure accused petitioner Abul Kashem Bhuiyan sought for quashment of the order dated 19‑2‑97 passed by the learned Magistrate, 1st Class, Khagrachari Hill Tracts in CR Case No.296 of 1996 and the entire proceeding of the said case. 2. The facts relevant to dispose of the Rule, in shor..Category: Criminal Law | Date: | Hits: 89
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....th the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ...... The criminal appeal and the jail appeal are allowed in part. Cases Referred to- Anisur Rahman Vs. State, 6 BLD (AD) 79; Billal Vs. State, 52 DLR (AD) 143; Vola Vs. State, 55 DLR 36; Hassen Ali Vs. State, 38 DLR 235; State Vs. Khasru @ Syed Mostafa Hossain, 43 DLR (AD) 182; Amir Hossain Vs......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......¦â€¦â€¦â€¦â€¦â€¦â€¦..Appellant Vs. Zakaria Kabiraj……………………………Respondent Judgement May 13, 2012. Result: The death sentence is rejected. The criminal appeal and the jail appeal are allowed in part. Cases Referred to- Anisur Rahman Vs. State, 6 BLD (AD..Category: Criminal Law | Date: | Hits: 147
....t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......ers ……………………Respondents
Judgment
November 20, 1997.
Result:
The application is rejected.
Lawyers Involved:
Kaisar Ali, Advocate ‑ For the Petitioner.
Civil Order No.5233 (Contempt) of 1997.
Judgm......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......ammed J
Rafiqul Alam……………………..Petitioner
Vs.
Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others ……………………Respondents
Judgment..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
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