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Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
....or declaration of their title to the suit land and for further declaration that the deed dated 04.12.1997 in respect of the suit land was not binding upon the them and for correction of the record of rights in respect of the suit land. 3. The plaint case, in short, was that an area measuring 49 d......nstructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Zainul Abedin, Advocate-on-Record-For Respondent Nos. 1-4. None represented-For Respondent Nos. 5-6. Civil Petition for Leave to Appeal No. 483 of 2009. (From the judgment and order dated the 25th day of January, ...... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ......learned Counsel, appearing for the petitioners, has contended that the learned Judge of the High Court Division failed to consider that the appellate Court without adverting to the finding of the trial Court that Ruhidash and Haridash, the vendors of the plaintiffs had not been in possession of ..Category: Property Law | Date: | Hits: 68
Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)
....S. Khatian in equal shares. Mohendra Lal Das got 1.36 acres in his share who transferred .80 acre in favour of his wife Josoda Kumari by kabala dated 13th November, 1928. Josoda Kumari while enjoying right, title and possession died leaving the plaintiff as only son to inherit her property. As the p......der is granted. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-For the Respondents. Civil Petition for Leave to Appeal No. 401 of 2009 (From the judgment and order dated 4.12.2008 passed by the Hi......pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......of the plaintiff could not get possession of the suit land on the basis of the deed of 1928. On appeal from the said judgment by the defendants, the Court of appeal below affirmed the judgment of the trial Court observing that the defendant No.1 proved his possession in pursuance of the deed of gift..Category: Property Law | Date: | Hits: 74
Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)
....) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ...... granted. Lawyers Involved: A.S.M. Khalequzzaman, Advocate instructed by Mohammad Nawab Ali, Advocate-on-Record- For the Petitioner. None represented-For the Respondent. Civil Petition for Leave to Appeal No. 457 of 2009 (From the judgment and order dated the 10th day of November, ......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......on nor has got any title in the suit property. All the claims of the plaintiff in this regard are false and as such, the suit was liable to be dismissed. 5. On conclusion of hearing the suit the trial Court by its judgment and decree dated 28.04.2003 dismissed the suit. Being aggrieved by the j..Category: Property Law | Date: | Hits: 66
....heirs defendant Nos.1 and 2 never possessed the suit land. The land of C.S. Plot No.1549 has been recorded in R.S. Plot No.798-803/2001/2004. Manindra and others owned the suit land in Mirash ejara right. Plot No. 1548 was possessed by temporary lessees of Sona Lakhshmi, named Bipin Bihari, Abdu......uayum, Senior Advocate instructed by A.K.M. Shahidul Islam, Advocate-on Record-For Respondent No. 3 (c).
None represented-For Respondent Nos.1-2, 3(a)-3(b) and 3(d)-3(e), 4-13.
Civil Petition for Leave to Appeal No. 538 of 2009.
(From the judgment and order dated the 28th and 29th days o......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
......udgment and order dated the 28th and 29th days of October, 2008 passed by the High Court Division in Civil Revision No. 625 of 1995 making the Rule absolute and sending the suit back on remand to the trial Court.
2. The predecessors of respondent Nos.1 (a) to 1(c), 2 and 3 as plaintiffs institu..
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
....f the defendants in criminal case. The appellate Court further found that the suit was not filed for declaration of title, but for cancellation of deed though the plaintiff allegedly acquired his right, title and possession over the suit land before execution of the deed of gift. 9. From the ......ucted by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For Respondent No.1 None represented-For Respondent Nos.2-3. Civil Petition for Leave to Appeal No. 460 of 2009. (From the judgment and order dated the 10th day of August, 2...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......endants put their signatures in the papers connected with the criminal case. The statements made by the defendants in the criminal case are not correct. 5. On conclusion of hearing of the suit the trial Court by its judgment and decree dated 29.08.2007 decreed the suit. Against the judgment and d..Category: Property Law | Date: | Hits: 62
Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
.... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......t shall not be set aside. 2. The petitioners case, in short, is that opposite party No.1 lodged FIR with Munshiganj Police Station alleging that on 16.3.91 at about 6‑00 AM when the son of the informant went out of the hut to respond to the call of nature, at the order of accused Ali Ahmed, acc...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......oved this Court and obtained the present rule. 3. Dr. Rafiqur Rahman, the learned Advocate appearing on behalf of the petitioner, submits that in such a case the revisional Court cannot direct the trial Court to frame charge under any particular section of the Penal Code. He submits that the lear..Category: Criminal Law | Date: | Hits: 67
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......earned Munsif, Kendua Upazila dated 23.8.84 in Misc. Case No.115 of 1984. 2. Opposite parties filed an application under Order 39, rr. 1 and 2 CPC in Title Suit No.358 of 1981 which was instituted for permanent injunction in the Court of Munsif, Netrakona on various averments and the learned Muns......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......process server's report it appears that the said order of temporary injunction was served on the petitioner 1 on 31.7.81 as recorded by the lower appellate Court. But according to the judgment of the trial Court, the same was served on 5.8.81. The learned counsel for the petitioner, therefore, conte..Category: Criminal Law | Date: | Hits: 90
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....ali, plaintiffs' predecessor-in-interest, took settlement of the same by registered lease deed dated 29‑9‑1965. Abdul Khaleque Dhali paid all premiums except one and remained in possession as the rightful owner. Defendant No.1 in collusion with some officials of the Settlement Office changed the......itioners is directed against the order dated 20‑9-1990 passed by the learned Assistant Judge, 5th Court, Dhaka in Title Suit No.80 of 1998 rejecting the application filed by defendant-petitioners for fixing valuation of the suit property after holding an inquiry under section 8C of the Court-Fee......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ...... Republic of Bangladesh and another reported in 28 DLR 392. In the said case, it was held that the question whether the plaintiffs were required to pay ad valorem court-fee is to be determined at the trial and before that it was not proper for the Court to direct the plaintiffs to pay ad valorem cou..Category: Civil Law | Date: | Hits: 68
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... on the basis of which the Government is required to exercise this power. So, according to them, the Government may adopt a policy of pick and choose which will amount to violation of the fundamental right of equality. They have also argued that such action amounts to discrimination. 5. As regard......ate invited our attention to the principle of "reasonable restriction" as enunciated in that case. We regret that the learned Advocate failed to distinguish the facts and circumstances of the cases before us and the cited case. In the instant case, before us no restrictions imposed by law have been ...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......that case on the ground that it was violative of fundamental right to equal protection of law as guaranteed under Article 5 of the then Constitution of Pakistan. Under that Act three tribunals of the trial of the offenders were set up but the Act did not contain any provision as to which case is to ..Category: Civil Law | Date: | Hits: 79
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......98 of 1994 (Lalmonirhat) corresponding to Lalmonirhat PS Case No. 4 dated 7‑10‑1994, convicting the accused appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life along with a fine of Taka 5,000 in default to suffer rigorous imprisonment for a further pe......wner of the rice mill with whom the deceased had illicit connection and was caught red handed before the date of occurrence which ultimately led her to commit suicide by hanging is another example of fairness of the defence case, but the learned trial Court appears to have not considered the defence......ted a charge-sheet against the accused-appellant, since prima facie case was made out against him under section 302 of the Penal Code. 4. The case record ultimately came to the file of the present trial Court who on the basis of materials available on record framed charge against the accused-appe..Category: Criminal Law | Date: | Hits: 76
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......rt of Divisional Special Judge, Khulna Barisal Station) should not be quashed or such other order or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts, for the purpose of disposal of this Rule are stated herein below: 3. The accused-petitioners name......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......essary papers, examined the witnesses and recorded their statement under section 161 of the Code of Criminal Procedure and ultimately submitted charge-sheet on 10‑9‑1994 with a recommendation for trial of Mollah Kamruzzaman and the present accused petitioners for the commission of the offences..Category: Criminal Law | Date: | Hits: 85
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....idence already recorded on behalf of the party concerned. The learned AAG therefore contends that this application on behalf of the accused appellant is not at all maintainable and is liable to be outright rejected. Mr. Ayenuddin, the learned Advocate for the appellant, in support of his contention ...... Sessions Judge, Kurigram in Special Case No.1 of 1986 convicting the appellant under section 409 of the Penal Code and section 5(2) of Act II of 1947 and sentencing him to suffer simple imprisonment for 1 (one) year and also to pay fine of Tk. 3,800.00, in default, to suffer simple imprisonment f......over‑riding considerations (1) That the additional evidence is considered to be necessary by the appellate Court in the interest of justice; and (2) that the accused is not denied his right to a fair trial." And in the case of Khan Vs. Crown reported in 7 DLR (FC) 1, it has been observed by ......nce could not be secured in Court and ultimately records of the case along with charge sheet were transmitted to the Court of the learned Sessions Judge and ex officio Sr. Special Judge, Kurigram for trial. On receipt of the case records, the learned Sessions Judge and Sr. Special Judge took cogniza..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....de the final order passed on appeal and this has violated the principle of natural justice. 5. We have examined the contention of the learned Advocate but we find no substance in any of those. The right to franchise and the right to contest an election is not a fundamental right but very much a d......1 and 2 namely Justice MA Rouf, Chief Election Commissioner and Justice Syed Misbahuddin Hossain, Election Commissioner to include the name of the respondent No.8 allowing him to contest the election for the post of Chairman of No.1 Rajiher Union Parishad, setting aside the order of Thana Nirbahi Of...... do under the law. Such unreasonable, un‑natural behaviour of the Returning Officer would create impression in the mind of the candidate participating in the election that the election would not be fair in such circumstances for the purpose of effective application of law and for the purpose of ke...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s are entrusted with the arduous task of protecting the frontiers of Bangladesh and that is why the maintenance of strict discipline among its members takes precedence and, of necessity, limits their rights. 20. The chapter on the fundamental rights are stated in Part-III of the Constitution. Art......f Defence, Government of the People's Republic of Bangladesh and other respondents, to show cause as to why they should not be directed to pay the pension benefits of the petitioner with compensation for the delay. 2. The Case of the Petitioner: It is stated in the petition that the petitioner jo......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......question of conduct of an accused. 47. A person may be an accused in a criminal case but unless he is found guilty by a Court of law he is deemed to be innocent in the eye of law. He will face the trial as an innocent man as anybody else. It is always for the prosecution to prove beyond reasonabl..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......ari Guchhagram under Police Station Sarishabari District‑Jamalpur, Hatem had been marked as the author of stabbing. 2. Following murder of Rahima Khatun law was set in motion on laying a First Information Report with Sarishabari Police Station by Abul Kalam, uncle of deceased Rahima Khatun as i......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......ection 302 of Penal Code and convicted him thereunder. Following conviction he was sentenced to death. Abdul Hatem was in abscondence since the incident and he remained although in abscondence during trial and he was tried in absentia. He was, thus, a fugitive from law and justice. Abdul Hatem shall..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....on the advice of the pre‑emptors, the case land was sold in favour of the pre-emptee, as such, the pre‑emptors are estopped from seeking pre‑emption of the case land since they had waived their right of pre‑emption by their own conduct; the pre-emptees also claimed that the pre‑emptors are...... section 96 of the State Acquisition and Tenancy Act, should not be set aside and/or pass such other or further order or orders as to this Court many deem fit and proper. 2. Short facts, necessary for the purpose of the Rule is that the opposite Party Nos. 1‑4 as pre-emptors instituted Miscel......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......e case was taken up for hearing by the learned Assistant Judge where 3 witnesses were examined on behalf of the pre-emptors while 2 witnesses on behalf of the pre-emptees and upon conclusion of the trial the learned Senior Assistant Judge by his judgment and order dated 11‑3‑1999 allowed the M..Category: Property Law | Date: | Hits: 98
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... extent as if it had been asked for provided that occasions no prejudice to the other side beyond what can be compensated for in costs.” In that case the plaintiff prayed for declaration of his right of distribution, exhibition, exploitation etc. of a dupe negative of a Bengali Film “Chandra......rt, Dhaka in title Appeal No.315 of 1993 affirming the judgment and decree dated 21-8-1993 respectively passed by Assistant Judge, 5th Addl. Court Dhaka in Title Suit No.90 of 1992 decreeing the suit for eviction of the petitioner from the suit property. 2. The facts giving rise to this Rule are,...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......occupation of the suit premises was entitled to get a notice under section 106 of the Transfer of Property Act but no such notice was served upon him and so the suit was not maintainable. 4. After trial of the case, the learned Assistant Judge, decreed the suit for eviction against the defendants..Category: Property Law | Date: | Hits: 65
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....s less than 35 years of age or if a person is not qualified for election as a member of parliament or if a person has been removed from the office of President by impeachment under this Constitution, rightly or wrongly, has been elected as President of the country, then any citizen of this country h...... 2. In this writ petition Mr. Abu Bakkar Siddique, an Advocate of the Supreme Court of Bangladesh and President of Bangladesh Muslim Millat Party, is the petitioner. Mr. Justice Shahabuddin Ahmed, former Chief Justice of Bangladesh, who has been declared elected as President of Bangladesh, is Res......esh, is Respondent No.1. Chief Election Commissioner and Returning Officer and the Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs are respondent Nos. 2 and 3 respectively. 3. It is stated in the Writ petition that on 16......Constitution. 24. Mr. Moklesur Rahman, the learned Advocate for the Chief Election Commissioner, candidly submits that no law has not yet been promulgated for constituting a tribunal and to hold a trial of any election petition with regard to the election of the President of Bangladesh. Mr. Rafiq..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......tion is dismissed. Lawyers Involved: S.M. Shahjahan, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No.298 of 2008. (From the judgment and order dated the 20th and 23rd days of ......ce case, in short, is that they pleaded themselves innocent and they asserted that they were falsely implicated. No occurrence in the manner, place and time as alleged took place. One Main Khan had affair with the informant, at whose instance the deceased was killed. Thereafter, Main Khan married th......f, Masum and Kabir Fakir Police after investigation of the case submitted charger sheet against accused Ripan, Hanif and Masum of whom Hanif and Masum were absconding. The accused persons were put on trial in the Court of the Additional Sessions Judge, Jhalakathi, wherein charge under Section 302/34..Category: Criminal Law | Date: | Hits: 81
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......ed: Abdul Malek, Senior Advocate with S.A. Shahjahan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Criminal Petition for Leave Appeal No. 482 of 2008. (From the judgment and order dated the 15th day of June, 2008 p......ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......@ Chaklet, Masud Rana and helper Md. Tosibul Islam @ Sentu under Section 7 of Nari-O-Shishu Nirjatan Daman Ain, 2000. 4. The case was sent to the Nari-O-Shishu Nirjatan Daman Tribunal, Jessore for trial who took cognizance and held trial examining as many as 11 witnesses and after considering the..Category: Criminal Law | Date: | Hits: 70
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