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Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)

....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......nt: Syed Mahmud Hossain J Md. Nazrul Islam Talukder J Md. Hasanul Islam Hanif @ Galcuta Hanif.................................petitioner Vs. The State........................Opposite party Judgment January 26, 2011. Result: The Rule is made absolute. Cases Referred t..

Category: Criminal Law | Date: | Hits: 92

Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)

....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ...... (Criminal) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Kartick Chandra Mandal & others............................Petitioner Vs. The State.....................Opposite party Judgment October 6, 2010. Result: The rule is discharged. Cases Referred to- ..

Category: Criminal Law | Date: | Hits: 143

Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)

....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156....... Majumder with M. Sayed Ahmed, Advocates - For the Appellant. Md. Khurshid Alam Khan with Abdul Aziz Khan - For the Anti-Corruption Commission. Md. Khurshid Alam Khan, Advocate - For opposite party No.2. Criminal Appeal No. 3536 of 2009. (Arising out of Judgment and order of conviction..

Category: Criminal Law | Date: | Hits: 133

A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)

.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......value for the purpose of pecuniary jurisdiction of the Court. 18. It appears that the plaintiff petitioner adopted to hold on the property absolutely with the view to compel the defendant-opposite party No.1 to sell out the suit property to him. Though the plaintiff prayed for a decree for a decl..

Category: Property Law | Date: | Hits: 85

Most. Sufia Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....itle Suit No.48 of 1986 are hereby affirmed. Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 130. ......rief, are that the petitioner as plaintiff instituted the original Title Suit No.48 of 1986 in the second Court of Munsif, Dhaka for declaration that the order dated 23.05.1978 passed by the opposite party No.2 in Miscellaneous Case No.17 of 1978 was void ab initio, without lawful authority, illegal..

Category: Property Law | Date: | Hits: 82

Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)

....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......igh Court Division (Civil) Present: Faruque Ahmed J Raju Bala Kuri and others..............................Petitioners Vs. Narayan Chandra Kuri.............................Opposite party Judgment November 11, 2009. Result: The rule is discharged. Cases Referred to- ..

Category: Civil Law | Date: | Hits: 103

Md. Selim Vs. State, 2011, 40 CLC (HCD)

....tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......ecovered the arms and weapons, lodged the ejahar and investigated the case. The testimony of a police man cannot be discarded simply because he belongs to police force or, was a member of the raiding party. 10. Our common experience is that in most of the arms cases, the seizure list witnesses sa..

Category: Criminal Law | Date: | Hits: 94

Muktarpur Matashajibi Samabaya Samity Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....d of the High Court Division, be communicat­ed to the Chief Judicial Magistrate, Sunamganj for taking action as per direc­tion made above. Ed. This Case is also Reported in: 9 ADC (2012) 390. ......ng the development scheme with the view to catching fish in the final year of his lease, but during the pendency of the lease period the respon­dents took steps to lease out the fishery to the third party in a collusive manner under development scheme. Against that leasing process the petitioner fi..

Category: Property Law | Date: | Hits: 90

Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......volved: A.S.M. Abdur Razzaque with Fahad Mahmood Khan and Mr. Mushfiqul Haque Khan, Advocates - For the petitioner.   Enayet Hussain Khan with Md. Ziaul Hoque, Advocates - For the opposite party No.1. Civil Revision No. 4786 of 2003. (Arising out of the order dated 28.9.2003 passed ..

Category: Civil Law | Date: | Hits: 141

S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)

....e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......y the learned Counsel before us were considered and answered in the impugned judgment of the High Court Division. It was observed by the High Court Division that the Labour Court found that the first party (the petitioner before us) was not able to prove that his termination was due to his trade uni..

Category: Labour and Industrial Law | Date: | Hits: 183

Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)

....r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246.  ...... 3. Sheikh Sharif Ahmed was an employee of Bangladesh Red Crescent Society. While he was in service he died due to brain hemorrhage on 05.06.2000 leaving behind one wife Mst. Nurunnahar the opposite party No.1, mother Mst. Rabeya Khatun and father Sheikh Moqbul Ahmed the petitioners as his only hei..

Category: Civil Law | Date: | Hits: 154

Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)

.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ....... Khurshid Alam Khan, Advocates ‑ For the Petitioner. No one ‑ For the Opposite Party. Criminal Revision No. 263 of 1987. Judgment Badrul Islam Chowdhury J. -By this Rule the opposite party was directed to show cause as to why the order dated 16.3.87 passed by the Sessions Judge, Mad..

Category: Family Law | Date: | Hits: 215

Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)

.... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......strate, Jessore, detaining the detenu for a period of 30 days from the date of service thereof. The ground of detention dated 12.5.93 was also served on the detenu on 25.2.94. Thereafter the opposite party No.3 through one Assistant Secretary to the Ministry of Home Affairs, (Security Section 1) of ..

Category: Criminal Law | Date: | Hits: 86

Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)

....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......uit holding can be allowed by amending the plaint under Order 6 rule 17 of the Code of Civil Procedure which has been worded as follows: "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such ..

Category: Property Law | Date: | Hits: 151

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......here the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further pro­longation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court." 19. In the said judgment in the case of Abdul Quade..

Category: Criminal Law | Date: | Hits: 115

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......l proof of a document in a Court of law. A private document cannot be taken notice of and marked as an Exhibit without any formal proof, unless the requirement of such proof is waived by the opposing party. The marking of the said document as an exhibit may however, give rise to a belief that it bea..

Category: Property Law | Date: | Hits: 97

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......serve the principle of natural justice in making the said order or to taking the said action, in the absence of any positive legislation dispensing with such observance' and must, therefore, give the party affected an opportunity of being heard before the order is made or the section is taken, Secti..

Category: Civil Law | Date: | Hits: 111

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ......ly one of contract only, but from early times the contract conferred an estate in the land on the tenant with­out losing all its contractual characte­ristics. The relation arises as a rule when one party confers on another the right to the exclusive possession of land, mines or buildings, for a ti..

Category: Property Law | Date: | Hits: 114

Shameem Ara and others Vs. Government of Bangladesh and oth­ers, 2011, 40 CLC (AD)

....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ...... in the service or that there would be automatic absorption. He submits that the question of legitimate expectation is based on the qualities of the applicant and arises from the conduct of the other party. Eligibility for any post cannot give rise to legitimate expectation for appointment in that p..

Category: Employment/Service Law | Date: | Hits: 134

Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)

.... and, as such, the suit for partition was dismissed. He submits that on the basis of deposition of DW 2 Md. Sirajul Haque, the learned trial Court held that the instant suit for partition was bad for defect of parties. But on that ground a suit for partition cannot be dismissed. As a matter of fact,......ation that the share of the suit property has been mutated in his name as he gave some land to his sisters from elsewhere and, as such, the sister of defendant No.15. Sirajul Hoque is not a necessary party in the instant suit. Therefore the learned trial Court is absolutely wrong in holding that the..

Category: Property Law | Date: | Hits: 71