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Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
....natures on the disputed kabala the onus was upon him to prove the circumstances under which he put those signatures and that the defendant having failed to discharge that onus the appellate court rightly decreed the suit for specific performance of contract. 7. Challenging the propriety of th......ed: Subrata Chowdhury, Advocate instructed by Md. Amir Hossain Chowdhury, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 643 of 2009. (From the judgment and decree dated 30.11.2008 passed by the....... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ...... of the defendant the plaintiff might have created the alleged kabala deed. This defendant prayed for dismissal of the suit of the plaintiff. 4. Both the parties adduced some evidence before the trial court in order to prove their respective cases. The trial court, on consideration of those e..Category: Property Law | Date: | Hits: 74
Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)
....nal decree was executed by filing Partition Execution Case No.1 of 1988 and possession of land was delivered on 28.03.1988 and that Dhali Bibi has been possessing the suit land on the strength of her right and title. 4. The learned Assistant Judge, on consideration of the evidence adduced by th......Record-For the Petitioner. A. H. M. Mushfiqur Rahman, Advocate instructed by Zainul Abedin, Advocate-on-Record- For Respondent Nos. 1-6. Not represented-Respondent Nos. 7-200. Civil Petition for Leave to Appeal No.712 of 2009. (From the judgment and order dated 26.11.2008 passed by the H......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......s, decreed that Other Class Suit No.43 of 1989 holding only that in the Partition Suit No.194 of 1984 the present plaintiffs were not served with the summons and notices. Against that judgment of the trial court the contesting defendants preferred Other Appeal No.53 of 1991 before the learned Distri..Category: Property Law | Date: | Hits: 80
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ...... Subordinate Judge and Special Tribunal No.1 convicting the accused‑appellant under section 19A of the Arms Act read with Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for seven years. 2. The prosecution case in brief was, that on 28.7.84 during investigation of Na......der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......es P.Ws.4 and 5. After investigation the Investigating Officer submitted charge‑sheet against the accused‑appellant under section 19A(f) of the Arms Act read with Special Powers Act. 3. At the trial 11 witnesses including the complainant Tajul Islam were examined. The informant Mr. Tajul Isla..Category: Criminal Law | Date: | Hits: 85
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....pearing on behalf of the contesting defendant No.5. On the other hand, supports the judgment and decree passed by the trial Court and resists the appeal on the ground that; (1) The trial Court has rightly dismissed the suit as not maintainable as the pledged goods have not been accounted for by t......esh) Co. operative Bank Ltd. 27 DLR (Dhaka) 523; DP Goenka Vs. Governor-General of Pakistan and another, 7 DLR 134; Pubali Bank Ltd. Vs. Santania Iron and Steel Industries and another, Civil Petition for Leave to Appeal No.644 of 1994 (unreported). Lawyers Involved: Abdur Razzak with Mamun Ali......ice gives an impression that those goods were under their custody at the relevant time which was not true. By giving out an incorrect statement in the legal notice and suppressing the true state of affairs of the pledged goods in legal notice and plaint, the plaintiff practised fraud upon the defend......s of the defendants under its (plaintiffs) custody and for that the defendants suffered huge loss, that plaintiff has not accounted for the same and that the suit is liable to be dismissed. 4. The trial Court on consideration facts, evidence and materials on record, the suit finding that the suit..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......passed by the learned Additional Sessions Judge, 5th Court, Dhaka in Sessions Case No.49 of 1992 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 1,000.00 in default to suffer RI for two months more. 2. ......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ries on that night and on following morning the informant lodged ejahar. After investigation, charge-sheet was submitted against the accused under section 302 of the Penal Code. Before commencing the trial, charge was also framed against the accused under that section. He pleaded not guilty and dema..Category: Criminal Law | Date: | Hits: 54
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
.... the court of the Assistant Judge, Motlab impleading the opposite parties No.1-4 as first party defendant and opposite parties No. 5-7 as 2nd party defendants, praying for declaration of their rayati right by purchase in ‘kha’ schedule properties which is included in ‘Ka’ schedule property a...... by learned Assistant Judge, Upazila Motlab, District Chandpur, decreeing Title Suit No.25 of 1987 against the contesting defendants Ito 4 and ex-parte against the rest. 2. The short fact relevant for the purpose of disposal of this Rule is that, the petitioners as plaintiffs instituted Title Sui......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ...... contesting defendants are possessing the said Kabala lands as described in schedule ‘Ga’ to the plaint. Accordingly, the contesting defendants prayed for dismissal of the suit. 5. The learned trial Court on consideration of the evidence on record decreed the suit whereupon the contesting def..Category: Property Law | Date: | Hits: 65
....ation that the suit property cannot be treated as Enemy property (Vested property). The case of the plaintiff in short, is that, Deity Lakshmi Gobinda Jew is the owner of the property and it has been rightly recorded as such in CS Khatian Nos.68 and 142 of Mouza Kirtibashdi under police station Raip......dinate Judge, Dhaka in Title Suit No.34 of 1970 dismissing the suit.
2. The petitioner as plaintiff instituted a suit in the Second Court of Subordinate Judge, Dhaka being Title Suit No.34 of 1970 for declaration of title in the suit properly and for a further declaration that the suit property c......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......possessing the same in their own right. It was further contended that the suit property is not a debutter property and the plaintiff has no right, title, interest and possession therein.
5. At the trial, the plaintiff examined five witnesses and the contesting defendants examined three witnesses ..
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
..... 2. The Opposite Party No.1 Shajahan @ Shaju as plaintiff instituted Family Suit No.27 of 1996 in the Court of the learned Senior Assistant Judge, Chouddagram, Comilla for restitution of conjugal rights impleading his wife i.e. the petitioners Jahan @ Munna her father Momtazuddin Ahmed Chowdhury......the judgment and order dated 3-2-98 passed in Family Suit No.27 of 1996 by the learned Senior Assistant Judge and Family Court, Chouddagram, Comilla rejecting the defendant-petitioner’s application for rejection of the plaint under section 6(8) of the Family Court Ordinance 1985. 2. The Opposit......atement along with defendant opposite” party Nos.2-5 denying all the assertions and allegations contained in the plaint. They stated that the suit as framed is not maintainable; there was no love affair between Jahan and Shahjahan as alleged and hence there was no marriage between the two they nev...... demand made in the legal notice filed GR Case No.165 of 1995 with the Chowddagram Police Station on certain false and frivolous allegations against the husband of Hosna. The said GR Case is awaiting trial. The husband was thus constrained to institute a suit for rest of conjugal rights (Family Suit..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....der section 115 of the Code of Civil Procedure directed against a judgment of affirmance arising out of a suit being Family Courts Suit No.17 of 1993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family Court decreed the suit holding th......waruddin J.- This application under section 115 of the Code of Civil Procedure directed against a judgment of affirmance arising out of a suit being Family Courts Suit No.17 of 1993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family C......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ...... to take her back or in the least to pay for her maintenance but the defendant refused to do either. 8. During the pendency of the suit she gave birth to a baby boy in the month of Poush. 9 The trial Court and the appellate Court considered the evidence of all the witnesses at length and found..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
....t for disposal of the case are that, the petitioners as plaintiffs instituted a suit in the Court of the Senior Assistant Judge Narshingdi being Title Suit No.108 of 1988, for declaration of easement right in the suit land. 3. The defendant opposite parties contested the suit by filing written st...... Suit No.108 of 1988. By this impugned order the learned Senior Assistant Judge allowed the case of the opposite party under Order 9 rule 13 of the Code of Civil Procedure. 2. Short facts relevant for disposal of the case are that, the petitioners as plaintiffs instituted a suit in the Court of t......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......inable in law and it is barred by limitation. It was further alleged that the plaintiffs filed the suit with false frivolous allegations and, as such, the suit is liable to be dismissed. 4. At the trial, the plaintiff examined 3 witnesses and the contesting defendants also examined 3 witnesses in..Category: Procedural Law | Date: | Hits: 58
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....nce on record and position of law as to burden of proof in the matter order of confiscation of the disputed goods was without jurisdiction and as such Court below had jurisdiction to try the suit and rightly decreed the same. 6. It appears from the impugned judgment that Court below held in respe......t Kazi Ebadul Hoque J.- This appeal by the defendants is against judgment and decree dated 27.3.1959 passed by the Subordinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of the same on 3.9.55 ......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......ure of the goods whereas P.W.12 Nagarmall Agarwalla said that D.W.1 inspected the papers produced by P.W.1 but P.W.11, Ram Surekha and P.W.14, Radha Gobinda Saha corroborated P.Ws. 1 & 13. Though trial Court discussed their evidence regarding production of the papers by P.W.1 to D.W.1 at the tim..Category: Fiscal/Taxation Law | Date: | Hits: 125
Mojibar Vs. State, 1998, 17 CLC (HCD)
....er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......out of Kotwali PS Case No.19(11)94, corresponding to GR No.674 of 1994 convicting the accused appellant under sections 395 and 397 of the Penal Code and sentencing him to suffer rigorous imprisonment for 7(Seven) years in each section and also to pay a fine of Taka 2,000.00 in default to suffer rigo......er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......d the FIR to the police station. investigating officer after investigation of the case submitted charge sheet against the accused appellant and others under sections 395/397 of the Penal Code, During trial all other accused are charged under sections 395/397 of the Penal Code to which they pleaded n..Category: Criminal Law | Date: | Hits: 78
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......sed in Title Appeal No.18 of 1995, arising out of the judgment and decree passed in Title Suit No.28 of 1991 by the Assistant Judge, Pirganj dismissing the suit on contest. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted a suit in the Court o......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......this appeal the plaintiff petitioners filed an application on 6-11-95 for withdrawal of the suit on the ground of formal defect on setting aside the impugned judgment and decree passed by the learned trial Court. The application has been annexed to the revision petition and marked as Annexure ‘C..Category: Procedural Law | Date: | Hits: 91
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....dacoits to surrender. At that time, one of the dacoits Matbor tried to fire a shot towards him (the deponent) from a revolver but he apprehended Matbor quickly. Then another dacoit gave a blow on his right shoulder with a revolver. He then fired two blank shots. He further stated that a 0.38 bore re......2 under section 19(a) and (f) of the Arms Act and the appellant No.3 under paragraph 6 of the Schedule to the Special Powers Act, 1974 and sentencing each of them to suffer Rigorous Imprisonment (RI) for 12 years and also to pay a fine of Taka 5,000.00 in default to suffer Rigorous Imprisonment (RI)......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......s Act and under sections 3 and 4 of the Explosive Substances Act. When charge was framed in this case against the accused persons, those accused who were present pleaded not guilty and demanded their trial. The prosecution then produced 15 witnesses, 3 were tendered and others were examined and cros..Category: Criminal Law | Date: | Hits: 59
Ismail Vs. State, 1999, 18 CLC (HCD)
....rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497....... sentence passed by the learned Additional Sessions Judge, Mymensingh in Sessions Case No.130/94 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay fine of Taka 3000.00 in default to suffer RI for one year more. 2. The a......rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay fine of Taka 3000.00 in default to suffer RI for one year more. 2. The appellant was absconding and trial was held in his absence after observing the formalities. Subsequently, he was arrested and the..Category: Criminal Law | Date: | Hits: 74
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....d 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: 51 DLR (HCD) (1999) 488.......)88 corresponding to Ghatail PS Case No. 4(3)88, convicting the accused-appellants and other co-accused under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for seven years and to pay a fine of Taka 2,000.00 each, in default to suffer rigorous imprisonment ......d 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: 51 DLR (HCD) (1999) 488.......against the accused-appellants and others under sections 395/397 of the Penal Code, since prima facie case was made out against them. 4. The case record ultimately came to the file of the present trial Court who on the basis of the materials available on record framed charge against the accused-..Category: Criminal Law | Date: | Hits: 70
Almas Miah Vs. State, 2002, 31 CLC (HCD)
....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......, Assistant Sessions Judge, Court No.2 at Narsingdi in Session Case No.36 of 1997, which convicted the appellant under section 489B of the Penal Code and sentenced him to suffer rigorous imprisonment for ten years and also to pay a fine of Taka 1,000 in default to suffer further period of three mont......ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......lso doubted the note to be fake. Thereupon, there was an altercation, which was followed by a scuffle. Ultimately, the appellant was captured and handed over to the police with the note. 3. In the trial, the appellant was charged under section 489(b) of the Penal Code to which he pleaded not guil..Category: Criminal Law | Date: | Hits: 87
....all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
......cord-For the petitioners.
Dr. M. Zahir, Senior advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For respondent No.1.
Not represented-For respondents No. 2 & 3.
Civil Petition for Leave to Appeal No.460 of 2010.
(From the judgment and order dated 24.11.2009 passed by the H......icture of the profit and/or of loss of the company and section 185(2) of the Companies Act is being violated at the time of preparation of the balance sheet; that if the BCIC prepares an untrue and unfair balance sheet of ZFCL, the workers would be deprived of getting their due share from the profit......all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
..
Category: Company Law | Date: | Hits: 366
Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
....receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......Petitioners Vs. Md. Majibur Rahman and others…………………….Opposite Parties Judgment June 14, 1998. Result: The rule is made absolute. Lawyers Involved: Khaleque for SS Halder, Advocate- For the Petitioners. Not Represented — the Opposite Parties. Civil ......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......-8-86 passed by the Munsif, Sherpur in Partition Suit No.28 of 1984 decreeing the suit. By this impugned judgment the learned District Judge allowed the appeal and sent back the case on remand to the trial Court for a fresh trial. Being aggrieved by the aforesaid judgment and order, the defendant-pe..Category: Property Law | Date: | Hits: 75
Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)
....ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287.......s stating that they were attempting to cut paddy from the waqf property of which the petitioner is the Mutawalli. It was stated in the General Diaries that a suit being other class suit No.88 of 1992 for permanent injunction was filed in the court of Senior Assistant Judge, Mithapukur Rangpur agains......ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287.......in favour of the opposite parties and then an appeal was taken by the defendant in the suit being other appeal No.58 of 1994 and the appellate Court allowed the appeal and set aside the decree of the trial Court and consequently the suit for permanent injunction was dismissed. Against the Appellate ..Category: Criminal Law | Date: | Hits: 237
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