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Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....another............Petitioners. Vs. The Chairman, Court of Settlement and another…………....Respondents. Judgment October 29, 1991. Result: The rule is made absolute. Lawyers Involved: Dr. Rafiqur Rahman with Md. Ismail Khan, Advocates ‑For the ......efore the date of publication of the list in the official Gazette, in which the vesting in, or possession of, the Government of the building as abandoned property under the President's Order has been called in question in any manner whatsoever or any prayer has been made for return, restoration or t......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......s also Reported in: 44 DLR (HCD) (1992) 288...Category: Property Law | Date: | Hits: 90
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....l No. 32 of 1988 it earlier came up before a Division Bench of this court comprising Md. Abdur Rouf and Syed Fazle Ahmed JJ. The learned Judges dismissed the Jail Appeal preferred by the condemned prisoner, Abul Khair, and accepted the reference. They however, differ from each other on the validity ......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......ing the murder of one Safiuddin Chowdhury, the Chairman of No. 4 Char Ruhita Union Parishad within the district of Lakshmipur. 3. The facts of the case have been detailed in the judgment of the trial Court and the Division Bench and it is not necessary to repeat the same. However, for the dete......e State………………………Appellant Vs. Abul Khair & 2 others….....Opposite Parties Judgment February 4, 1992. Result: Criminal Appeal No. 42 of 1985 and Jail Appeal No. 32 of 1988 are dismissed. Death Reference No.1 of 1985 is accepted. Cases ..Category: Criminal Law | Date: | Hits: 116
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
....sion to the defendant. But he could not prove as to how and why this possession was made over after taking Tk. 500.00. The defendant could not produce any evidence in support of his stand that he had some sort of right and title over the suit property; rather prima facie it appears that the plaintif...... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ......relationship between them, as landlord and tenant and as such this decree is illegal and void. In order to prove the tenancy the plaintiffs examined 5 witnesses. Their evidence were considered by the trial Court which found that the plaintiffs have been able to prove the case that the defendant was ......DLR (HCD) (1992) 281. ..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....................... Petitioner. Vs. The Court of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Result: The Rule is made absolute. Case Referred to- Mukhtar Ahmed Vs. Government of Bangladesh and others, 34 DLR ......efore the date of publication of the list in the official Gazette, in which the vesting in, or possession of, the Government of the building as abandoned property under the President's Order has been called in question in any manner whatsoever or any prayer has been made for return, restoration or t......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273....... (Special Original Jurisdiction) Present: Quazi Shafiuddin J Mainur Reza Chowdhury J Abdul Khaleque....................... Petitioner. Vs. The Court of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Resul..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....……………Defendants-Respondents-Petitioners Vs. Abdul Hamid……………………….Plaintiff-Appellant-Opposite Parties Judgment August 4, 2009. Result: The Rule is made absolute. Cases Referred to- Abdur Rahman, 46 DLR 116; 25 DLR 97; 32 Calcutta page 244; 41 DLR 1......pposite Parties. Civil Revision No. 4018 of 1999. Judgment Md. Mamtazuddin Ahmed J.- The Rule arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the ord......circumstance of the case and referring to the impugned order submitted that the Appellate Court has not allowed the Appeal but only allowed the application for withdrawal of the suit but in fact, the trial Court rejected the plaint and as such, the order passed by the appellate Court is an infructuo......et aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....he Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statement was false and also found that the accused had property worth Taka 1,03,35,948 disproportionate to his known source o......uty Attorney-General with Mushfiqur Rahman, Assistant Attorney-General - For the State. Criminal Revision No. 439 of 1996. Judgment Md. Hamidul Haque J.- By this Rule, the opposite party was called upon to show cause as to why the proceedings of Mirpur PS Case No.41 dated 15-1-96 pending in......for prosecution under section 5 of a person, case against whom a case has been initiated with the prior approval of the Government, for its further satisfaction that there is prima facie case for the trial of such a person. But sanction under section 6 of the Act is not necessary to proceed under se......4 of the Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statement was false and also found that the accused had property worth Taka 1,03,35,948 disproportionate to his known so..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....-6-96 in the evening went to the house of the accused-petitioner and requested him to execute and register sale deed in his favour. At that the accused became furious and denied all transaction and also denied the execution of the agreement to sell. The complainant alleged that the accused petitione......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......137 of 1997. Judgment AK Badrul Huq J.- By this application under section 561A of the Code of Criminal Procedure the petitioner prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magistrate, Chittagong whereupon a Rule was issued calling upon t......vision (Criminal Miscellaneous Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Rustom Ali (Md.) Matubbar alias Alam………………Petitioner Vs. Mohammad Salahuddin and another………………Opposite Parties Judgment March 2, 1998. Result: The Rule i..Category: Criminal Law | Date: | Hits: 112
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....- For Appellants. Forhad Ahmed, Deputy Attorney-General - For the State. Criminal Appeal No.3395 of 2001. Judgment M Enayetur Rahim J.- This appeal at the instance of 3 (three) convict persons is directed against the judgment and order of conviction and sentence dated 21-6-2001 passed by...... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......n of the investigation into the case the police submitted charge sheet against 5(five) persons including the present appellants under sections 302/34 of the Penal Code. 5. The case being ready for trial, all the charge sheeted accused persons including the present appellants put on trial before t...... This Case is also Reported in: 63 DLR (HCD) (2011) 242...Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....ejecting an application of the defendants under Order 7, rule 11 of the Code of Civil Procedure for rejection of plaint. By the impugned order dated 18-11-1999 the High Court Division made the rule absolute setting aside the aforesaid order of the Subordinate Judge and consequently allowing the appl......rt Division, on hearing both the sides in details and considering the facts and circumstances dismissed that appeal making elaborate discussion. The High Court Division, during hearing of the appeal, called for the relevant volume containing the original printed copy of the CS Khatian No.4300 'Ja' f......wrote this wrong quantum of land of CS Plot No.371 in their kabala deeds-the Exhibits Ka-Ka4, but in fact by these 5 registered kabalas they purchased the entire land of the CS Plot No.371. 4. The trial Court, on consideration of the evidence adduced by both the parties and also a report of an ......Hossain J Md. Imman Ali J Md Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Jalil & other………………….........................Appellants Vs. Islami Bank Bangladesh Ltd and others..........Respondents Judgment October 12, 2011. Result: The appeal is dismiss..Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
.... Md. Awlad Ali J Major (Retd.) M Khairuzzaman…………………Petitioner Vs. State……………………Opposite Party Judgment October 30, 1997. Result: The Rule is made absolute. Lawyers Involved: Mahabubur Rahman, Advocate - For the Petitioner. Shahabuddin Ahma...... same were refused. It is further stated that when he applied to the Chief Metropolitan Magistrate, Dhaka, for Class-I status in the jail in the month of March 1997, the Chief Metropolitan Magistrate called for a report from the Officer-in-Charge, Gulshan Police Station about the status and conditio......he opposite parties to show cause as to why they should not be directed to grant Division-I (Class-I) to the petitioner in Dhaka Central Jail is connection with Lalbagh PS Case No.1 11(11)75 as under-trial prisoner. 2. It is stated in the application that the petitioner was an Army Officer in Ban......s connection with Lalbagh PS Case No.1 11(11)75 as under-trial prisoner. 2. It is stated in the application that the petitioner was an Army Officer in Bangladesh Army with a good record of service and reputation. He comes of an enlightened distinguished well-to-do Muslim family of this country. T..Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
.... 1976 under Article 27 of PO 7 of 1973 for recovery of Taka 59,653.00 and obtained an ex parte decree. In execution of the said decree the property mentioned in the schedule to the plaint was auction-sold to the plaintiff-appellant for a consideration of Taka 34,62,500.00. The plaintiff-appellant wa......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......ale was collusive inasmuch as the property worth Taka one crore was sold at a paltry sum of Taka 34 lakh. Hence the present suit filed by the plaintiff-appellant was liable to be dismissed. 4. The trial Court framed the following issues. 1. Whether the suit is maintainable in the present form?...... J Md. Joynul Abedin J Salma Islam………………Appellant Vs. Parveen Banu & others………………Respondents Judgment June 1, 1997. Result: The appeal is dismissed and the connective Civil Rule is accordingly disposed of. Cases Referred to- Bahori Lal Vs. Sr..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....esidential building) at Baro Maghbazar, Dhaka to the plaintiff-respondent at a total consideration of Taka 6,75,000.00 on receipt of Taka 3,50,000.00 by way of earnest money. It was stipulated in the sole agreement that the defendant-appellant would execute and register necessary sale deed in respec......n money within the stipulated time the defendant-appellant took back the sale agreement dated 5-1-1977 and refunded Taka 1,90,000.00 forfeiting the balance amount. Plaintiff-respondent created the so-called second sale agreement dated 23-1-78 and obtained her signature thereon by force with a view t......(6) to what other relief, if any, the plaintiff is entitled? 5. The plaintiff examined 4 P.Ws. including himself as P.W.1. Defendant-appellant on the other hand examined only herself as D.W.1. The trial Court decreed the suit on the finding that the plaintiff-respondent succeeded in proving his c...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Joynul Abedin J Hamida Begum Chowdhury…………………Appellant Vs. Ahamad Hossain Khan and others…………………Respondents Judgment June 1, 1997. Result: The Appeal is ..Category: Civil Law | Date: | Hits: 148
.... of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Industries, and others………………Respondents
Judgment
March 25, 1998.
Result:
The Rule is made absolute.
Case Referred to-
Shuk Deb & another Vs. Province of East Pakistan, 22 DLR 245.
......lared as an enemy property but in the instant case the property belonging to the deity was sold out by the respondents 1-3 by a deed of sale dated 9-11-89 to the respondent No.4 and the sale has been called in question in this Writ Petition. We have already seen that the debutter property cannot be ......ss of the said firm. It has been further stated that Hardeo Glass, Aluminium and Silicate Works were in possession of the said land as Non-agricultural Tenant and carried on business of the said Industrial and Manufacturing concern by building structures at their own costs.
9. Mr. MI Faruque, the......orted in: 50 DLR (HCD) (1998) 273.
..
Category: Property Law | Date: | Hits: 85
....
Vs.
Md. Abdur Rahman alias Ganda being dead his heirs: 1(a) Md. Abdul Barik and others……………………Opposite Parties
Judgment
February 4, 1998.
Result:
The Rule is made absolute.
Case Referred to-
Kazi Motiur Rahman and others Vs. Bin Islam, 43 DLR 128.
Lawyers ......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......ntended on behalf of the contesting defendants that the plaintiffs story of possession and dispossession is absolutely false and concocted and, as such, the suits liable to be dismissed.
4. At the trial Court, the plaintiffs examined 3 witnesses and the contesting defendants examined 2 witnesses ......ported in: 50 DLR (HCD) (1998) 271...
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....an Bahadur Muklesur Rahman, father of plaintiff Monzurur Rahman and defendant No.1 Dr. Naimur Rahman. Khan Bahadur Muklesur Rahman made a gift of the property of Schedule ‘A’ in favour of his two sons, namely, plaintiff Manjurur Rahman and defendant No.1 Dr. Naimur Rahman under the deed of gift ......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......ment that after construction of the house at Gulshan, each brother would take one of the two residential houses, exclusively without reference to the valuation of the two houses. 4. At the time of trial the plaintiff examined himself as the sole witness on his behalf and defendant No.1 also exami.......)……………………Appellant Vs. Dr. Naimur Rahman………………………Respondent Judgment February 12, 1998. Result: The appeal is dismissed. Lawyers Involved: Khandakar Mahabubuddin Ahmed with SR Khorshnabish, M Hasan, Advocates - For the Appellant. Habibul ..Category: Property Law | Date: | Hits: 109
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....e petitioner after his arrival from abroad and recovered 19 gold bars each weighing 10 tolas in hiding from within a belt alike bag, specially made for carrying the same, tied round his waist. They also recovered some drugs and cosmetics from his suitcase and carton. As the petitioner did not make a......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......g original jurisdiction. 18. To appreciate the provisions relating to disposal of property, sections 561A and 517 are reproduced below: "516A. Order for custody and disposal of property pending trial in certain cases.- When any property regarding which any offence appears to have been committe...... High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Mahbub Alam………………..Petitioner Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result:..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....rresponding to GR Case No.377 of 1998 convicting the appellants Niranjan Malaker and Shyama Kanta Das and two others under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for o......njan served under accused Shyama Kanta Das. 14. P.W.5 Israil Ali is the chowkider of Kazirbad village. He states that on 15-8-98 he saw a dead body floating in the Hakalukhi Haor near his home and called his villagers Sona Mia and Mokaddes Ali and showed them the dead body and they identified the......e No.7 dated 15-8-1998 was stated and police after investigation submitted charge sheet against the four accused including the appellants under sections 302/34 of the Penal Code. 5. At the time of trial, accused Bakul Chandra Das and Manik Lal Das were absconding. The trial was held in their abse......LR 97. Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 of 2002. Judgment Md. Azizul Haque J.- This appeal is directed against the Judgment and order dated 11-11-2001 passed by the Additional Sessions Judge, Moulvibazar in Session Case No.6..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....the continuation of the proceeding would be a sheer abuse of the process of Court which must be prevented by quashing the proceeding of the case. Thus, he submits that the Rule is liable to be made absolute. 5. On the other hand, Mr. AKM Foez, learned Advocate appearing for the opposite party No.......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......bmits that whether or not the legal notice was served upon the petitioner and non-disclosure of the date of the notice in the complaint petition are questions of fact to be ascertained at the time of trial. In support of his submission he has referred to the case decision reported in 60 DLR (AD) 195......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Azizul Haque J Solaiman (Md.)……………………….Petitioner Vs. State and another………………………………opposite Parties Judgment April 8, 2010. Res..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....e money by preparing seizure list in presence of the witnesses, but co-accused Swapon fled away. 3. After investigation the Anti-Corruption Commission submitted a report against 2 (two) accused persons including the accused-petitioner under Rule 10 of the Anti-Corruption Rules, 2007 with a recomm......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......he Anti-Corruption Commission submitted a report against 2 (two) accused persons including the accused-petitioner under Rule 10 of the Anti-Corruption Rules, 2007 with a recommendation to stand their trial for the offence punishable under section 165A/332 of the Penal Code. 4. The accused persons......e Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hye J Md. Abdus Samad J Amanullah (Md.)……………………..Accused-petitioner Vs. State and another………………………Opposite Party Judgment June 3, 2010. Result: The ..Category: Criminal Law | Date: | Hits: 84
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
..... 3. The General election to Parliament held in 1996 included a constituency in Barisal Division called constituency No.125, Barisal 5. The polling took place on 12-6-96. The petitioner as well as some more candidates contested the election, but the principal contestants were the petitioner and l......sels of this Court to be present at the time of hearing and assist us in the matter as amicus curiae. 3. The General election to Parliament held in 1996 included a constituency in Barisal Division called constituency No.125, Barisal 5. The polling took place on 12-6-96. The petitioner as well as ......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ...... High Court Division (Special Original Jurisdiction) Present: K M Hassan J Md. Latifur Rahman J Mahboob Uddin Ahmed……………Petitioner Vs. Bangladesh Election Commissioner, and others………………Respondents Judgment May 27, 1998. Result: The Rule is disch..Category: Election Law | Date: | Hits: 162
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