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Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
....r, 2009 of this Division in Civil Petition No.1441 and 1442 of 2009. Plaintiff’s case in short is that by successive devolution they acquired title in the suit land and that government who has no right, title and interest therein are trying to dispossess them there from. 3. The petitioners ......ate-on-Record-For the Respondents (In both the cases). Civil Review Petition Nos.101-102 of 2010. (From the judgment and order dated 2.11.2009 passed by the Appellate Division in Civil Petition for Leave to Appeal Nos.1441 and 1442 of 2009). Order Surendra Kumar Sinha J. – These petiti...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......the suit land was acquired by Gazette Notification dated 4th May, 1961 for the extension of agriculture in the name of Agricultural Directorate and, therefore, the suit is not maintainable. 4. The trial Court on consideration of the evidence on record by judgment and order dated 30th October, 200..Category: Property Law | Date: | Hits: 57
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....he pre-emptor admitted that she was not a co-sharer in the case holding and that Nowab Ali sold the land of khatian No.76 to opposite party Nos.1 and 2 (both the pre-emptees) . 14. Admittedly, the right of pre-emption is a predatory right and as such the onus lies heavily on the pre-emptor to pro......te, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-25. Civil Petition for Leave to Appeal No. 645 of 2009. (From the judgment and order dated 21.01.2009 passed by the ......nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......mptees. Therefore, the Jama and the holding of the case land have been separated. As a result, the pre-emptor being a stranger in the case holding is not entitled to pre-empt the case land. 5. The trial Court dismissed the Miscellaneous Case for pre-emption by its judgment and order dated 14.01.2..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....nt case, in short, is that the suit land belonged to Mahmuda Begum and accordingly the same was recorded in the S.A. Khatian in her name. While Mahmuda Begum was in possession of the suit land as the rightful owner, she constructed a 2(two) storied building therein by taking loan from the House Bu......-Record-For the Petitioners. Quamrul Haque Siddiqui, Advocate instructed by Md. Nawab Ali, Advocate-on-Record -For Respondent No. 1. Not represented-For Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.1711 of 2010 (From the judgment and order dated the 2nd day of March, 2010......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......legal aspect of the case and thus fell into an error in affirming those of the appellate Court by the impugned judgment and order. The learned Deputy Attorney General has further contended that the trial Court gave clear finding that although the plaintiffs amended the plaint by adding the prayer ..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....l of that restriction the said Kabola deed was registered in favour of the defendant No.1; that the defendant No.1 has been possessing this 1.17 acres of land for more than 20 years by exercising his right, title and interest therein and by paying rent etc. and also by mutating his name in the rel......vocate-on-Record-For the Petitioner. M.I. Farooqi, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For Respondent Nos.1-2. Not represented-Respondent Nos.3-5. Civil Petition for Leave to Appeal No.2671 of 2010. (From the judgment and order dated 05.10.2010 passed by the ......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......974 acquired a good title in that land by virtue of adverse possession and that the right title and interest of the plaintiffs in that land extinguished. 5. Against this judgment and decree of the trial court the plaintiff filed the above mentioned Other Class Appeal No.17 of 2007 before the Dist..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
.... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ......ismissed. Lawyers Involved: SK. Awsafur Rahman, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. None represented-For the Respondents. Civil Petition for Leave to Appeal No.106 of 2010 (From the judgment and order dated the 19th day of July, 2009 ...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ......pective and thus, erred in law in not decreeing the suit as a whole, therefore, the impugned judgment and decree calls for interference by this Court by granting leave. 7. From the judgment of the trial Court it appears that it, on consideration of the evidence on record, came to the clear find..Category: Property Law | Date: | Hits: 72
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
....ent Sheresta. The plaintiff have been possessing the suit land by cultivating crops in some portion and some portion plaintiff nos. 3 and 5 have been living with their families. The defendants had no right, title, interest and possession. On 08.02.1995 the defendant No.1 denied the title of the plai...... Judge, Sadar Court, Faridpur in Title Suit No.30 of 1995 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts of the case for disposal of the rule is that the petitioner as plaintiff filed title suit no. 30 of 1995 in the ...... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ......hange the nature and character of the suit. 12. The principle amendment as elicited in the above case as reported in 42 DLR at page-246 as applied in the instant case where appear that the learned trial Judge will get a opportunity to came to a proper decision after obtaining oral and documentary..Category: Administrative Law | Date: | Hits: 199
Shatadal Mondal Vs. State, 2011, 40 CLC (HCD)
....erty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......Additional Sessions Judge, Munshigonj in Special Tribunal Case No.56 of 2010 arising out of Sirajdikhan P.S. Case No.16 of 2010 dated 25.4.2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. The petitioner was brought to the trial under section 19A of the Ar......and as such there is no certainty as to when the trial will be commenced and the appellant is in custody since 24.5.10 and the trial is delayed for no fault of the appellant and the appellant has got fair chance of acquittal in this case and as such the impugned order is liable to be set aside and t......6 of 2010 arising out of Sirajdikhan P.S. Case No.16 of 2010 dated 25.4.2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. The petitioner was brought to the trial under section 19A of the Arms Act. Thereafter since his prayer for bail was rejected by the im..Category: Criminal Law | Date: | Hits: 69
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......ar Sohail, Advocates‑ For the Opposite Party. Civil Rule No. 4(f) of 1990. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 5 of the Limitation Act for condonation of delay in filing the appeal being FAT No.567 of 1989. 2. Facts leading to this ......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232....... is the law and in support of this contention he has also referred to a decision reported in 36 DLR page 136. He has further submitted that in the instant case the impugned judgment and decree of the trial Court, having not been passed after full hearing of the suit but in the absence of the learned..Category: Procedural Law | Date: | Hits: 111
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
....6A CrPC is that the property should not be subjected to any damage and no part of it so as to make the same unusable. In this case the learned Magistrate having considered all these aspects, I think, rightly passed the order giving custody of the vessel to an independent and neutral person, the oppo...... AM Mahmudur Rahman J.- This Rule is obtained by the petitioner against an order passed by Assistant Judge, 3rd Court, Dhaka in Title Suit No.188 of 1887 under section 151 CPC. 2. The short facts for disposal of the Rule are, that the petitioner Mitali Shipping Lines carries business in partners...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ......s whether the vessel after being given to the jimma of the opposite party No.3 by an order under section 516A CrPC remains in the seisin of the criminal Court pending the conclusion of the enquiry or trial. Mr. Saidul Huq drawing my attention to the provision of section 516A CrPC seriously contends ..Category: Civil Law | Date: | Hits: 97
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....ptible and the application for pre‑emption is allowable. 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) 228. ......by District Judge, Munshiganj in Miscellaneous Appeal No.6 of 1985 affirming those dated 18.8.84 passed by Munsif, 5th Court, Munshiganj in Miscellaneous Case No.28 of 1981 dismissing the application for pre‑emption should not be set aside. 2. The petitioner and opposite party Nos.25 to 29 file......ptible and the application for pre‑emption is allowable. 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) 228. ......r non‑pecuniary consideration in favour of opposite party Nos.1 and 2 who are the grandsons of late Mir Abdul Jalil. Moreover, the case was barred by limitation and for defect of parties. 4. The trial Court dismissed the pre‑emption case on the finding that the transfer in question was Heba-b..Category: Property Law | Date: | Hits: 75
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....t lawful authority and of no legal effect that the same violated the provision of equality before law guaranteed by the Article 42 of the Constitution. The petitioner as citizen of Bangladesh has the right to acquire, hold the premises in question and that the petitioner cannot be deprived of her ri......ni Street, Wari, Dhaka by the respondents vide Memo No. DA‑AP/949/1125 dated 10.1.79 vide Annexure A. The premises No.25, Larmini Street, Dhaka is an abandoned property and vested in the Government for administration, control, management, disposal or otherwise in accordance with the provision of t......ciples it has always been recognised that classification of persons or things is in no way repugnant to the equality doctrine provided that the classification is not arbitrary or capricious and bears fair and substantial relation to the object of the circular Annexure ‘F’. 15. Now the classif......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....e and gheraoed Akram Ali and his brother Abdur Rahman. Accused Rahimuddin caught hold of the victim Akram Ali from behind and gave order to kill him when accused Shadat Ali dealt a dagger blow on the right aside of the abdomen of the victim Akram Ali and caused him grievous bleeding injury. As a res......d by the learned Sessions Judge, Sunamganj in Sessions Case No.3 of 1986 convicting appellant Shadat Ali under section 304 Part II of the Penal Code and Sentencing him to suffer rigorous imprisonment for 10 (ten) years and also to pay a fine of Tk. 1000.00, in default to suffer Rigorous Imprisonment...... undergone according to the Jail Code, about 5 years of his imprisonment and it is submitted by the learned Advocate for the appellants that in view of the Circular issued from the Ministry of Home Affairs, Government of the People's Republic of Bangladesh vide Memo No. 6/P‑70/90 Kara(2) dated 14.......in, Shadat Ali, Mohiuddin, Shanur Uddin, Jasim Uddin, Nazim Uddin under sections 147/326/302/34 of the Penal from behind and gave order to kill him when accused Code. 3. At the commencement of the trial, charge under sections 304/34 of the Penal Code was framed as against all the 6 accused person..Category: Criminal Law | Date: | Hits: 73
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....t the advantage of the exemption of loan and payment of the reassessed amount should have been made within 6 months without fail and further held that the trial Court for the sake of securing justice rightly decided that the amount assessed by the head office of the plaintiff-bank was due from the r...... Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Harunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.2106 of 2009. (From the judgment and order dated the 31st day of May, 2009......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......spondents nor their predecessors drew any amount from the account of loan sanctioned on 13.12.1994, the bank was not entitled to get the amount claimed from the respondents as prayed for. 4. The trial Court on consideration of the evidence on record decreed the suit in-part, that is, allowed th..Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......ecord-For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For Respondent Nos. 3-5. Not represented-Respondent Nos.1, 2, 6-10. Civil Petition for Leave to Appeal No.1858 of 2010. (From the judgment and decree dated 19.01.2010 passed by the......book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ...... and order the contesting defendant filed First Appeal No.104 of 1991 before the High Court Division. 8. The High Court Division allowed the appeal, set aside the judgment and decree passed by the trial court making observations to the effect mainly that the plaintiff did not plead about cause of..Category: Property Law | Date: | Hits: 51
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
.... (iii) That the appellants have been held in jail custody since 12.7.1988 for about 2‑1/2 years without trial and this is highly derogatory to the principles of criminal justice and the fundamental rights as guaranteed and enshrined under Article 35(3) of our Constitution Le the Constitution of th......of 1989 and the other at the instance of accused Siraj Mia being Criminal Appeal No.266 of 1990 are directed against two orders dated 12.11.89 and 2.4.1990 respectively passed by the Special Tribunal for Prevention of Smuggling, Sylhet in Special Tribunal Case No.107 of 1988 rejecting the prayers fo......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......taking cognizance of the case under section 25B of the Special Powers Act on 26.6.1988 sent the same to the Court of Mr. Rinoy Kumar Bose, the Special Tribunal for prevention of smuggling, Sylhet for trial. The Special Tribunal received the case records on 30.6.88 and at that time these two appellan..Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......3.1991 passed by the learned Sessions Judge, Lakshmipur, in Criminal Misc. Case No. 142 of 1991 arising out of Ramgati Police Station Case No.1 dated 7.5.91 and No.2 dated 8.5.86 rejecting the prayer for bail. 2. Fact of the case is rather a checkered one and it need be stated in some details. In...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205......./148/ 150/325/332/342/379/302/34 of the Penal Code except ASM Abdur Rob. 4. The said police report was accepted by the teamed Upazila Magistrate and the present petitioner has not been sent up for trial by the police in that charge. He was discharged by the Magistrate vide his order dated 25.10.1..Category: Criminal Law | Date: | Hits: 85
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... Bandopadhya obtained 1/4th share by inheritance and 3/4th share by way of purchase from his three brothers vide kabala dated 8.10.71 (a copy of which was produced) and the defendants after obtaining right, title and interest in respect of the entire suit land from their father being in ownership &a......higanj passed on 31.12.79 in Money Suit No.1 of 1979 should not be set aside. 2. The suit being money suit No.1 of 1979 was filed by the opposite party Md. Sudek Ali Shaik @ Sadek Ali as plaintiff for the recovery of the consideration money amounting to Tk. 7,500.00 from the defendants. The plain...... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ...... consideration money out of the total consideration money paid by the plaintiff for the land. In the case plaintiff has examined himself as P.W.1 and the defendant was examined as D.W. 1. The learned trial Court after examination of the witnesses and hearing arguments by his judgment and decree date..Category: Civil Law | Date: | Hits: 76
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....ounds of detention supplied to the detenu on which the satisfaction of the detaining authority is based has been produced. 14. Under Article 31 of the Constitution every citizen has an inalienable right to enjoy the protection of the law and to be treated in accordance with law, and only in accor......fairs, Secretariat Buildings, Dhaka and others...................Respondents Judgment January 15, 1992. Result: The rule is made absolute. Lawyers Involved: Abdul Malek, Advocate -for the petitioner, AY Salehuzzaman, Deputy Attorney‑General - for the respondents. Writ Pet...... (Special Original Jurisdiction) Present: Abdul Jalil J Abdul Hasib J Faisal Mahbub ............……..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Buildings, Dhaka and others...................Respondents Judgment Januar......as apprehension of loss of life and that some sections of women organised “বিক্ষোভ মিছিল”on. 2.11.91 in front of the Dhaka Central Jail and in the court premises where the trial of Ex‑President Ershad was being conducted and thereby a serious law and order situation was..Category: Criminal Law | Date: | Hits: 81
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......………………………….............Petitioners Vs. Abdul Momin and others………………………….........Respondents Judgment May 29, 2011. Result: The civil petition for leave to appeal is dismissed summarily. Lawyers Involved: Bivash Chandra Biswas, Advocate-......ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......ppeal No.94 of 1995 which was transferred to the 2nd Court of the then Subordinate Judge, Brahmanbaria for disposal. The appellate Court allowed the appeal reversing the judgment and decree passed by trial Court and decreed the suit allotting a saham for 4.58 acres of land to the plaintiffs by its j..Category: Property Law | Date: | Hits: 73
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....the evidence adduced by both the parties, decreed the suit holding that since before completion of the process of acquisition the plaintiff purchased the suit land from the original owner he acquired right and title in the suit land and that the plaintiff had been the possessing suit land also. 6......ssed. Lawyers Involved: M. G. Bhuiya, Advocate-on-Record-For the Petitioners. Md. Nowab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos.2-13. Civil Petition for Leave to Appeal No.1928 of 2010. (From the judgment and order dated 12.07.2010 passed by the ......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......ot on 20.07.1979 and compensation also was given to the original owner. That a 120 feet wide road has been constructed on the suit land and the plaintiffs are not residing in the suit land. 5. The trial court, on consideration of the evidence adduced by both the parties, decreed the suit holding ..Category: Property Law | Date: | Hits: 65
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