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Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....ancelled by the defendant Nos. 1-3 after expiry of one months of stipuÂlated period. In this connection Mr. Nandi has referred to a decision reported in 43 DLR 360 which is not in agreement with the facts and circumstances of the present case before me and it is in no way coming to any aid of Mr. N......BLC (HCD) (2011) 225. ......g to the provision of Order XLI, rule 31 of the Code of Civil Procedure and it should not be very short cut judgment and should not suffer from misreading and non-reading and non consideration of the evidences on record. In such cases, the judgment will be liable to be set aside………………(15..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....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......n Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of record of disputed amount of dower, the plaintiff site should produce more credible evidence e.g. the dower fixed in other marriages of the girls of that family, the family status of t..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....ng to prejudice the right of the plaintiff by subsequent transfer to the petitioner through registered deed which cannot be sustained…………………..(11 & 12) The concurrent findings of facts cannot be interfered in the revisional Jurisdiction. In the instant case both the Courts concu......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......d the defendant have been owning and possessing the suit land for more than 33/34 years. Thus the suit is liable to be disÂmissed. 4. The trial Court after hearing the parties and considering the evidence on record decreed the suit by his Judgment and decree dated 31-1-1994. 5. Against which ..Category: Property Law | Date: | Hits: 134
....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......uments, which were marked exhibit 1 to 4, the defendants examined one Tahsilder and produced a sketch map of the periphery of the hat, which was marked as exhibit-'Ka'.
8. The trial Court upon the evidence, oral and documentary on the record found that the suit land was recorded in the 'serestha'..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....s of detention………………………..(27) The principles of natural justice are not applicable in the case of preventive detention. The detaining authority is not required for disclosing the facts, which it considers to be against public interest to disclose…………………….(27) ......ted in: 55 DLR (HCD) (2003) 643. ......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... section 6 of Druto Bichar Tribunal Ain (hereinafter referred to as the Ain) has been challenged, all these Rules were heard together and now be governed by this single judgment. 3. In these Rules facts are not very much relevant. The petitioners of these writ petitions are accused in some cases....... Case is also Reported in: 55 DLR (HCD) (2003) 636. ......ied summarily under the provisions of Chapter XXII of the Code. Next, he has pointed out that photographs taken at the time of the occurrence or the recorded conversation have been made admissible in evidence under section 16 of the Ain. 17. We have perused the whole Ain and we have found that ev..Category: Criminal Law | Date: | Hits: 177
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....g the case on remand to the Trial Court vide impugned Judgment. This Court is of the view that Trial Court will be more competent to do procedural modified in above regard. Having considered above facts and circumstances this Court does not see any merit in the Rule which must fail. 18. In the......0) 1. ...... T.A. No.154/97 setting aside judgment dated 19.5.97 of dismissal of O.C. suit No.197/94 by Assistant Judge 3rd Court Patnitala, Noagaon and sending the suit for remand to the Trial Court for further evidence by the parties in the light of observation made in the appellate Court judgment should not ..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
.... police station case No.4 dated 03.02.2007 under section 25 (Ga) of the Special Powers Act, now pending in the Court of learned Additional Sessions Judge and Special Tribunal Judge, Natore. 2. The facts of the case are that one SI Sabir Dutta lodged an FIR on 03.02.2007 with the Natore police sta......is Case is also Reported in: 18 BLT (HCD) (2010) 409. ......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. ..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
....ication to re-call P.W.1 to prove some documents in pre-emption Misc. case No.19 of 1993 suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that the opposite party as pre-emptor filed pre-emption Misc. case No.19 of 1993 in the Co......ah……………………Petitioner Vs. Sree Shuvendu Sekhor……………………Opposite party Judgment March 2, 2010. Result: The leave is discharged. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings is pending. The pr...... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
....dated 5‑6‑91 passed by the Subordinate Judge, Narayanganj in Money Execution Case No.10 of 1988 rejecting an application under Order XXI rule 58 of the Code of Civil Procedure. 2. The relevant facts, for the disposal of this Rule, are that the opposite party No.1 as plaintiff filed Money Suit......s Case is also Reported in: 55 DLR (HCD) (2003) 635. ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... to why the proceeding of CR case No.1221 of 2001 under section 138 of the Negotiable Instruments Act now pending in the Court of Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that opposite party No.1 as complainant filed a pe......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. ..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....under the provisions of the Companies Legislation. Senior Vice President of the said bank, as well as the said bank represented by its President, as defendant Nos.1, 2 and 3 respectively. The salient facts as narrated in the plaint in this case are, in a nutshell, narrated below: 3. The plaintiff......s also Reported in: 55 DLR (HCD) (2003) 624. ......ess, agree that there were dissimilarities in the signatures and also that the sizes of the cheques were slightly at variance. 7. The learned judge below after hearing submission and analysing the evidences decreed the case in favour of the plaintiff, with cost and interest @ 7%. 8. Before us ..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....ourt within the local limits of whose jurisdiction it was committed………………………(23) The offence under section 138 of the Act can be completed with the concentration of the number of facts (i) First occurrence and consequently agreement was made between the parties (ii) drawing of t......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€......ir face value and accepted in their entirely do not constitute the offence alleged; and (5) The allegations against the accused although constituted an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
...., now detained in Dhaka Central Jail, initially detained by an order passed by the District Magistrate, Jessore on 31.1.89 under section 3 (2) of the Special Powers Act has been challenged. 2. The facts of the case are that the detenu Madan Mohan Saha was taken into custody in pursuÂance of an o...... 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......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. ..Category: Criminal Law | Date: | Hits: 74
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....rom the appellant was not proved and the conviction was set aside". We are in respectful agreement with the above principle and the same is applicable in the present case. So having regard to the facts we hold that manner of recovery of explosive substance (cocktail bomb) from the exclusive cont......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) ..................Respondent Judgment March 13, 2006. Result: The appeal is allowed. The Explosive Substance Act, 1908 (Act No. VI of 1908); sections 3 & 4 In the absence of absolute evidence regarding the fact that the appellant caused by any explosive substance any explosion of a ..Category: Criminal Law | Date: | Hits: 103
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....ing and on 9.3.96 restored the suit to its file and number. The trial Court in its discretion restored the suit as the application was filed on the same day. A discretion having been exercised in the facts of the present case, we do not think that the learned Single Judge committed any illegality in......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......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. ..Category: Procedural Law | Date: | Hits: 154
....ontracts and along with the Bank in each case being further restrained from encahsing and making any payments under a total of twelve bank guarantees otherwise specified in each such Order.
2. The facts under consideration in all these six Applications having arisen out of the Petitioner Company ...... Uddin Ahmed, 520 West Sheorapara, Mirpur, Dhaka…………………………..Petitioner
Vs.
Bangladesh Chemical Industries Corporation, BCIC Bhaban, 30-31 Dilkusha C/A, P.S. Motijheel, Dhaka and another…………………………………Respondents
Judgment
October 19, 20, 2007.
...... Orders previÂously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
.... The High Court Division in this connection relied upon the decision of Motilal Sikder's case in which it was observed that the positive injunction as to parties under section 96(2) is directory. The facts of this case as set out above are not attracted by the decision in Motilal's case. On the cont......eported in:49 DLR (HCD) (1997) 414. ......te parties examined only preemptor petitioner No.3 as P.W.1 and the pre-emptee petitioners examined 10 P.W. in support of their respective case. The learned trial Court after due consideration of the evidence on record allowed the miscellaneous case by granting preemption in favour of the preemptorâ..Category: Property Law | Date: | Hits: 155
....her the suit could be decided on this preliminary issue. Even his refusal to decide the preliminary issue on the question of maintainability of the suit is to be held as illegal and arbitrary. In the facts and circumstances of the case, we are inclined to hold that the learned Subordinate Judge erre......so Reported in:49 DLR (HCD) (1997) 564.
......ivil Procedure on assigning good reasons, which are not seriously disputed by the petitioner.
6. Where issues of law arise which go to the root of the case and are capable of being decided without evidence, the Court is bound to try and determine those issues first under Order 14 rule 2 CPC and p..
Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....produced him before the Court for suffering imprisonment for life which is annexed as Annexure C to this petition. It further appears from Annexure‑A that an application was filed stating all these facts before the learned Sessions Judge but he refused to entertain any application as the records h......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...... 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. ..Category: Criminal Law | Date: | Hits: 88
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