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Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......lodged an FIR with the Rawjan Police Station on the same day at about 8.30 p.m. against the appellant and two others. On the basis of a police report, the appellant and two others were put on trial before the learned Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No. 56 of......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......ellant, lodged an FIR with the Rawjan Police Station on the same day at about 8.30 p.m. against the appellant and two others. On the basis of a police report, the appellant and two others were put on trial before the learned Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case N..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......d that the building is a dilapidated one and the plaintiff intends to demolish the same and construct a new building on its site. Further case of the plaintiff is, that she requires the suit premises for the use and occupation of her son. Notice under section 106 of the Transfer of Property Act was ......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......os.7 of 1992 and 4 of 1992 before the House Rent Controller praying for depositing rent in the Court and for a direction upon the plaintiff to grant him receipts against payment of rent. 4. At the trial plaintiff examined one witness and the contesting defendant examined one witness in support of..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Suit No.61 of 1983 of the 1st Court of Munsif, Sadar Dinajpur, the learned Subordinate Judge appears to be perfectly justified in refusing to reject the plaint. The learned Subordinate Judge has also rightly held that the filing of Title Suit No.27 of 1985 by the defendant-petitioner for eviction of......enior Assistant Judge, Sadar Dinajpur, in Other Class Suit No.325 of 1986 whereby the plaint of the suit was rejected under Order 7 rule 11 of the Code of Civil Procedure. 2. Short facts necessary for the disposal of the Rule are: Opposite party Abdus Sattar as plaintiff instituted a suit in ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......7 of 1987. The learned Subordinate Judge, who heard the appeal, was pleased by the impugned judgement dated 1-9-90 to allow the appeal and set aside the judgment and decree dated 1-7-87 passed by the trial Court. Against this judgment dated 1-9-90 the defendant-petitioner moved this Court and obtain..Category: Property Law | Date: | Hits: 62
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....ivate the land accused-persons named in the FIR who were armed with iron-rod, lathi, bamboo stick, etc. attacked the informant and her mother and the present petitioner No.1 dealt a lathi blow on the right forearm of the informant, accused No.2 struck on the right wrist with an iron-rod and accused-......onal Sessions Judge, Feni in Criminal Revision No.15 of 19 should not be quashed and set aside. The learned Additional Sessions Judge by the said order allowed the revisional application and directed for holding further inquiry in respect of GR Case No.105 of 1992 of the Court of the Magistrate, 2nd......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......etitioner No.3 also outraged the modesty of the informant. Police on receipt of the FIR took up investigation of the case and ultimately submitted charge-sheet and the petitioners were then placed on trial before the learned Magistrate, Second Class, Feni where seven witnesses have been examined fro..Category: Criminal Law | Date: | Hits: 83
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......Jail Appeal No.1944 of 1992. Judgment Mohammad Gholam Rabbani J.- Accused (1) Abul Kashem, (2) Abdul Malek, (3) Majid, (4) Harun-or-Rashid and (5) Jamaluddin (absconding) were placed on trial before the Court of Sessions Judge, Mymensingh, in Sessions Case No.102 of 1992. They were charged for...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......ith Jail Appeal No.1944 of 1992. Judgment Mohammad Gholam Rabbani J.- Accused (1) Abul Kashem, (2) Abdul Malek, (3) Majid, (4) Harun-or-Rashid and (5) Jamaluddin (absconding) were placed on trial before the Court of Sessions Judge, Mymensingh, in Sessions Case No.102 of 1992. They were cha..Category: Criminal Law | Date: | Hits: 66
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....ayer for any declaration that any order passed or action taken under the said Ordinance is mala fide, unlawful or without jurisdiction. Next, Mr. Haque contends that the learned Subordinate Judge has rightly found that the judgment and order of the trial Court in the matter of temporary injunction i......East Bengal Vs. Dewan A Ali, 9 DLR 26; Secretary of State Vs. Mask & Co (PC), 67 IA at page 222; Abdul Rauf and others Vs. Abdul Hamid Khan and others, 17 DLR (SC) 515. Lawyers Involved: Lutfor Rahman Mondal, Advocate- For the Petitioners. SM Zillul Haque, Advocate‑For the Opposite Pa......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ...... action taken under the said Ordinance is mala fide, unlawful or without jurisdiction. Next, Mr. Haque contends that the learned Subordinate Judge has rightly found that the judgment and order of the trial Court in the matter of temporary injunction is illegal and without jurisdiction due to the bar..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....rothers. Had the Badarganj property been the self‑acquired property of defendant petitioner alone then he would not have allowed the name of plaintiff opposite party to be recorded in the record of right and allowed it to remain there undisturbed. Further, power of attorney would not have been in ......ge Rangpur affirming those dated 18.7.85 in Other Suit No.20 of 173 by Subordinate Judge, Rangpur. 2. Facts giving rise to this Rule may briefly be put thus: Petitioner is the defendant in the aforesaid suit instituted by the opposite party as plaintiff for declaration of his title and interes...... to his elder brother Sagiruddin for supervising settlement operation which was then going on in India at that time. Subsequent statement made by defendant petitioner is obviously not real state of affairs. However, on the basis of a power of attorney Sagiruddin, the eldest brother of defendant peti......d appeal before the learned District Judge, Rangpur and this Appeal No.112 of 1985 was heard by Additional District Judge, Rangpur who on reappraisal of the evidence concurred with the finding of the trial Court and dismissed the appeal holding that the learned Subordinate Judge correctly held that ..Category: Property Law | Date: | Hits: 74
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ...... Advocate ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No.449 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule a short but important question falls which for determination is whether a transferee of a premises can be added as a party in a suit for ejectm......as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......ever, was dismissed by the learned Subordinate Judge leading to filing Second Appeal No.68 of 1969 in the High Court of Dhaka. The learned Judge allowed the Second Appeal and remitted the suit to the trial Court for disposal according to law. 3. The opposite‑party No.1 before me instituted Titl..Category: Property Law | Date: | Hits: 49
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....rrect as suggested by the prosecution to D.W.1 and there is no other evidence led by the defence to show that she was 16 or above 16 years of age as claimed by the defence. Hence, the trial Court has rightly preferred to accept the statement of the father of the victim girl and the certificate of th......l, Nurul Islam alias Nuru under section 4(b) and 4(c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance LX of 1983) and sentencing each of them to suffer rigorous imprisonment for 14 years and to pay a fine of Tk. 10,000.00 each, in default to suffer rigorous imprisonment for....... State………………….Respondent Judgment December 7, 1992. Result: The appeal is allowed in part. Cases Referred to- Prafulla Kumar Bhattacharjya Vs. Ministry of Home Affairs Govt. of Bangladesh, 28 DLR 123; Ghulam Quadir Vs. Noor Ahmed, 6 DLR (WP Lahore) 178; Muhammad......(b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 against the accused appellants and thereafter the case was sent to the learned Sessions Judge and Special Tribunal No.1 Chandpur for trial. At the trial charge was framed under section 4(b)(c) of the Cruelty to Women (Deterrent Punis..Category: Criminal Law | Date: | Hits: 69
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....ocate or pleader for the defence unless they certify that the accused can do so.” We hold that the requirement of law is that irrespective of whether the accused is absconding or not he is as of right entitled to be represented and defended by a lawyer appointed by the Court and the trial Court......e No. 38 of 1976 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The petitioner’s case is that on 9-2-1975 one AK Mohammad Ali lodged a First Information Report with Bogra Police Station against 13 persons including the petitioner alleging, int...... M A Aziz J Mobarak Ali (Md.) alias Mobarak Ali Mondal………………….Convict-Petitioner (In Jail) Vs. People’s Republic of Bangladesh, represented by the Secretary, Ministry Home Affairs, Bangla Secretariat, Dhaka & other………………….Respondents Judgment June 4,......used persons showing the petitioner Mobarak Ali Mondal as an absconder. Two of the charge sheeted accused persons namely Mobarak Ali Paik and (2) Rais Uddin Monthi died before the commencement of the trial. 5. The Senior Special Tribunal Bogra having received the case record registered the same a..Category: Criminal Law | Date: | Hits: 79
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
....e is other sufficient reason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ...... by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. Civil Review Petition No. 145 of 2010. (From the judgment and order dated 12.03.2009 passed by this Division in Civil Petition for Leave to Appeal No.799 of 2008.) Judgment Nazmun Ara Sultana J. - This is an application f......e is other sufficient reason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ......hha gram" in the suit land for rehabilitation of the landless persons. That the plaintiffs filed the suit on false claim and forged-papers and as such the suit was liable to be dismissed. 4. The trial court dismissed the suit. The plaintiffs then filed Title Appeal No.128 of 1995 against the ju..Category: Property Law | Date: | Hits: 58
State Vs. Maruf Raihan, 2011, 40 CLC (AD)
....asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897.......Huda J The State..........................................Petitioner Vs. Maruf Raihan .....................................Respondent Judgment July 21, 2011. Result: The petition for leave to appeal is disposed of. Lawyers Involved: Md. Selim, Deputy Attorney General instr......asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897.......the investigation of this case has been concluded in the meantime. 8. In the above circumstances, we find it just and proper to leave the matter of granting bail of the accused-respondent to the trial court on consideration of evidence and materials on record and as such we set aside the impu..Category: Information Technology Law | Date: | Hits: 285
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......ing to GR Case No.12/90. The learned Sessions Judge found the accused appellant guilty of the offence under sections 395/397 of the Penal Code and convicted him the rounder and sentenced to suffer RI for 7 years and a fine of Taka 5000.00, in default to suffer RI for another 1 year more. The learned...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ...... under sections 395/397 of the Penal Code and convicted him the rounder and sentenced to suffer RI for 7 years and a fine of Taka 5000.00, in default to suffer RI for another 1 year more. The learned trial Judge found the rest accused Khorshed Ali guilty of the offence charged under section 412 of t..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....d expeditiously to avoid deterioration of the law and order situation concerning the associations of the parties. 49. I find that the learned District Judge acted within his inherent power and has rightly allowed the plaintiffs' prayer for temporary injunction and restraining the defendant Nos.1 ......e is directed against the judgment and order dated 22-3-1995 passed by the District Judge, Mymensingh in Miscellaneous Appeal No.14 of 1995 allowing the prayer of the plaintiff opposite party Nos.1-2 for temporary injunction restraining the petitioners and opposite party No.3 (the Additional Secreta......arty Nos.1-2 for temporary injunction restraining the petitioners and opposite party No.3 (the Additional Secretary General, Bangladesh Sarak Paribahan Samity) from disturbing the management of the affairs of the executive committee of Mymensingh Dhaka Coach Owners Association till disposal of the s......ality deciding the issue in favour of the plaintiff opposite party Nos.1and 2. 29. It has been further submitted by the learned Advocate for the opposite parties that the injunction order of the trial Court was shown to the Commissioner and the Magistrate, even then they in collusion with the d..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
....as chara land and plot No.1936 as a homestead land and because of two plots being included in the same Khatian No. 544 and situated in the rural area are agricultural homestead land and, as such, the right of pre‑emption will accrue under section 96 of the East Bengal State Acquisition and Tenancy......the learned Subordinate Judge, 1st Court, Sylhet in Miscellaneous Appeal No.81 of 1977 passed by learned Munsif 1st Court, Sylhet in Miscellaneous Case No.76 of 1970 arising out of a an application for pre-emption under section 24 of the Non-Agricultural Tenancy Act, 1949. 2. The facts leading ...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ...... Bengal State Acquisition and Tenancy Act inasmuch as the purchase made by two separate Kabalas and two separate cases ought to have been filed by the petitioner. On a review of the evidence led, the trial Court allowed the pre‑emption case in favour of the petitioner against which the opposite pa..Category: Property Law | Date: | Hits: 52
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
....spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ...... 2. Petitioner as well as opposite party Nos.7‑9 as plaintiffs filed Title Suit No.374 of I987 which was Subsequently re‑numbered as Title Suit No.5 of 1988 against the opposite party Nos. 1-6 for setting aside that decree dated 11‑6‑1991 passed in Rent Suit No.676 of 1941 and auction dat......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ......son Kanah Sarder who left the country for India and as such his share became vested property and they took lease of his share from vested property authority. On consideration of the material evidence trial Court decreed the suit. Being aggrieved by the same some of the defendants preferred appeal an..Category: Property Law | Date: | Hits: 51
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....ion, which had deteriorated in their local area. Her husband was Relief Chairman initially for 2 (two) years, he was elected for further period of three years. That is her husband was Relief Chairman right from 1972 to 1976. He was again re‑elected as Chairman in the year 1984. After her husband t......s namely, Alaluddin @ Alauddin, Majibor Rahman and Sadir, and two others accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for life, and three other accused persons namely, Gopal Chandra Dey, A Rashid and Mirash were found ......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......ur Rahman, Sadir, Kashem, Surja and Mirash in absentia, under section 302/34 of the Penal Code. The accused persons, who were present, pleaded not guilty to the charge and claimed to be tried. During trial of the case another accused Mirash was arrested and produced before the Court in connection wi..Category: Criminal Law | Date: | Hits: 74
Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)
....terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ......er. Abdus Salam Mamun, Assistant Attorney General‑For the State. Criminal Revision No. 295 of 1989 Judgment Md. Hamidul Haque J. - This Rule at the instance of the accused petitioner is for setting aside the judgment and order dated 12‑8‑89 passed by the Sessions Judge, Rajshahi in......terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ...... Divisional Manager, BADC and also assaulted him. After investigation, charge‑sheet under sections 143/448/323 of the Penal Code was submitted against the accused persons and before commencement of trial, charge was also framed against them under those sections. The prosecution examined 7 witnesse..Category: Criminal Law | Date: | Hits: 82
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
....ng the fact that Kalu is the son of Nalu and the petitioners put forward the claim over the land of Nalu and not the land of Kalu. The fact remains that since the petitioners claimed their subsisting right, title and interest over the land belonged to Nalu, there should be complete adjudication of t...... 2. The facts giving rise to the Rule are that the plaintiff‑opposite party No.1 filed a Title Suit No.303 of 1982 and the same was subsequently numbered as Title Suit No.6 of 1985 against the proforma opposite parties for partition. The suit was decreed ex‑parte in preliminary form on 14‑1....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ......ing. In the aforesaid Title Suit the present petitioners were not impleaded as party and the preliminary decree was obtained behind their back. The present petitioners filed an application before the trial Court for adding them as a party on the ground that all the properties were not brought into h..Category: Property Law | Date: | Hits: 47
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....d raised hue and cry but failed at the face of threat by the armed men. Plaintiff thereafter went to the defendants along with some of his well-wishers with a proposal of salish but the defendants outright rejected the same asserting their title. The plaintiff then filed the suit. 3. The defenda...... Chowdhury Md. Zahangir, Advocate on Record - For the Petitioner. Md. Nurul Islam Chowdhury, Advocate on Record - For Respondent Nos. 1-3. Not represented Respondent Nos. 4-6. Civil Petition for Leave to Appeal No. 191 of 2010 (From the judgment and order dated 18th November, 2009 passed......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ...... deed was acted upon, nor did they prove that they took possession of the suit land by virtue of the said deed. 6. The defendants preferred First Appeal No. 292 of 2006 against the judgment of the trial Court before the High Court Division. By the impugned judgment, the High Court Division allowe..Category: Property Law | Date: | Hits: 70
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