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Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......spondents Judgment December 8, 2011. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 439 (4) & 439A An order passed by the Sessions Judge or Additional Sessions Judge, as the case may be, under section 439 A of......n, in short, are: 3. Complainant-respondent No.2 filed a petition of complaint against the accused-leave petitioner bringing in allegations under sections 420/467/408 of the Penal Code alleging that the complainant was appointed a Director of Central Co-operative Bank Ltd in 2001. The accused i...........Respondents Judgment December 8, 2011. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 439 (4) & 439A An order passed by the Sessions Judge or Additional Sessions Judge, as the case may be, under section 4..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
.... Court can pass a decree which is unexecutable The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and......etitioners Vs. Saiful Alam (Md.) and others.............Plaintiff Opposite-Parties Judgment December 1, 2011. Result: The rule is made absolute. No Court can pass a decree which is unexecutable The averments and statement made in the application under Or......t: The rule is made absolute. No Court can pass a decree which is unexecutable The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by ...... which is unexecutable The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and possession having been ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
.... by Rosomoy Chandra Nath in favour of Abdul Hashem are forged, fabricated, void and not binding upon the plaintiffs. 3. The plaintiffs brought the suit stating inter alia that some 1.13 acres of land covered by two SS plots namely, 2088 and 2007 appertaining to Khatian No.1220 of Mouza Kum............................Respondents Judgment November 23, 2011. Result: The appeal is allowed Adverse possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiffs, findings arrived at by the trial cou......) Cases Referred to- Mohaprabhu Ram Vs. Gopal Ram, 42 DLR (AD) 154; Mahaprabhu Ram Vs. Gopal Ram Ram, 42 DLR (AD) 154. Lawyers Involved: Md.Abdus Salam Mondal with Surujit Bhatta-chargee, Advocates—For Appellants. Fazlul Haque with MC Chowdhury, Advocates—......ants Vs. Fajal Ahmed & others.........................Respondents Judgment November 23, 2011. Result: The appeal is allowed Adverse possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the pl..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....on of the TV station. The appellant-company has employed about three thousand employees in various levels all over the country. The appellant-company following all the provisions of law of the land and various NOCs issued by the Government and the BTRC as well carried out test-transmission s......ant Vs. Government of Bangladesh & others.....................Respondents Judgment November 16, 2011. Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot be defined and it has no defini......ne of legitimate expectation (1) The doctrine of legitimate expectation may arise where the decision of administrative authority affect a person either by altering rights or obligations of that person which are enforceable by or against him in private law or by depriving him of some be.............Appellant Vs. Government of Bangladesh & others.....................Respondents Judgment November 16, 2011. Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot be defined and it ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ellant as pre-emptor filed Miscellaneous Case (Preemption) No.28 of 1995 in the Court of Assistant Judge, Natore, under section 96 of the State Acquisition and Tenancy Act for pre-emption of the land transferred by registered kabala dated 27.02.1995 in favour of pre-emptee respondent Nos.1-4. ..........Appellant Vs. Md. Shahidul Islam P.K. and others .........Respondents Judgment November 15, 2011. Result: The appeal is dismissed. Onus and presumption as to service of summons In case of allegation of non-service of summons upon the defendant/op...... Onus and presumption as to service of summons In case of allegation of non-service of summons upon the defendant/opposite party, as the case may be, the onus is upon the plaintiff/petitioner that the summons of the suit or the case was served upon the defendant/opposite party. In such case......ervice of summons In case of allegation of non-service of summons upon the defendant/opposite party, as the case may be, the onus is upon the plaintiff/petitioner that the summons of the suit or the case was served upon the defendant/opposite party. In such cases, the second clause of Order..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ence the petitioners move this Public Interest Litigation (PIL) before this Hon’ble Court. 5. A report was published in the Daily Ittefaq on 13.10.2010 under the caption, “Lalbagh Fort’s land is Being dispossessed”. It was reported in the newspaper that a few powerful local people, i...... Altaf Hossain, Deputy Attorney General-For the Respondents. Writ Petition No. 9988 of 2010. Judgement AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 05.12.2010 was in following terms: “Let a Rule Nisi be issued calling upon the Respondents to show caus......fore this Hon’ble Court. 5. A report was published in the Daily Ittefaq on 13.10.2010 under the caption, “Lalbagh Fort’s land is Being dispossessed”. It was reported in the newspaper that a few powerful local people, including the respondent No.7, 8 and 9, are continuing constructio......ported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....ate houses. The house of Matiur Rahman @ Mati is 15-20 hands away to the northern side of his house. At the time of occurrence Shahidul Islam was at Quater. Matiur Rahman @ Mati had got 0.29 acres of land from their father. Mati sold his land in 1985 to Shahidul Islam. He adds that Jalil Matbor, Raj......is Case is also Reported in: 18 BLC (HCD) (2013) 89. ......nt October 25, 2011. Result: The death reference is accepted. Proving of motive, not an essential element to find the accused guilty It is now almost an obsolete dogma that in a criminal case proving of motive is an essential element to find the accused guilty where th......e is an essential element to find the accused guilty where there is evidence of the occurrence. Where there is sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. ................. (28) Motive not a necessary ingredient of an offence While tryi..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d others …………………………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim......llip;…………………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim of the government has becom......is Court and obtained the instant Rule. 3. Mr.Mohammad Abdullah, the learned Advocate appearing on behalf of the petitioner submitted that the Appellate Court absolutely on erroneous understanding of the law, facts and without sifting ......t created estoppel to the claim title from the suit property. ............ (5) Cases Referred to- 8 BLC 179 Lawyers Involved: Mohd Abdullah with Gazi Md. Mohsin, Advocates— For the Petitioner. ARM Hasanuzzaman, Assistant Attorney-General—For the Opposite Parties ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......ellip; Accused-Petitioner Vs. State…………………Opposite Party Judgment October 3, 2011. Result: The Rule is discharged. Cases Referred to- Abdul Haque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. Tan Kheng Hock, 31 DLR (......ner and one Mazadur Rahman Biswas, an officer of the Bank, alleging an offence under sections 402/409/109 of the Penal Code read with section 5(2) of Act II of Anti-Corruption Act, 1947, inter alia, that the accused-persons collusively showing a false and fictitious name of Lablu Miah, the owner of ...... This Case is also Reported in: 63 DLR (HCD) (2011) 561. ..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......ddin and another…………..........Opposite-Parties Judgment September 20, 2011. Result: The Rule is discharged. A revenue officer acting in mutation cases under section 143 of the State Acquisition and Tenancy Act, 1950 is not a court, although the s......he Code of Criminal Procedure and in such a case the court can take cognizance of the petition of complaint filed by a private person.........................(6) Cases Referred to- Shahera Khatun Vs. Abdur Rahim Sheikh, 13 BLC (AD) 24; Abul Hossain Vs. State, 55 DLR (AD) 125; Chitta Ranjan......te Acquisition and Tenancy Act, 1950 is not a court, although the same officer acting in a proceeding under section 144 of the said Act is a court in view of Rule 39 of the Tenancy Rules, 1955. Therefore, filling of forged documents before the Revenue Officer acting under section 143 in mutation pro..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......ng in the Marshal account of this court. Ed. This Case is also Reported in: ......lization of their unpaid wages and obtained arrest of the vessel MV ACCORD which thereafter ultimately sold on auction by this court. 2. It has been asserted in the plaint of the respective suits that the defendant No. 4 the Commodity International, while the ship Manager of the vessel M. V. ACCO......RD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
.... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......riminal Appeal No. 3504 of 2003. Judgment Md. Ruhul Quddus J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 is directed against judgment and order dated 21.8.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Lakshmipur in Nari-o-Shishu Nirjatan Damon Case ......nder to suffer rigorous imprisonment for seven years with a fine of Taka 20,000/- in default to suffer rigorous imprisonment for another six months. 2. Facts leading to this appeal, in brief, are that the informant Md. Salim (P.W.1) lodged an ejahar with Lakshmipur Police Station on 9.5.2000 alle....... Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
....s:— 3. The present petitioners, as plaintiffs, filed Title Suit No.500 of 1983 against the present defendant-respondents in the court of Subordinate Judge, Jhalakati praying for partition of the land described in schedule to the plaint. The case of the plaintiffs, in short, was that the land me......Most. Kutisona Bibi and others.........................................................Respondents Judgment July 24, 2011. Result: The impugned judgment of the High Court Division is set aside. Lawyers Involved: Abdul Quiyum, Senior Advocate instructed by Md. Nawab Ali, Advocate-o......Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Abdul Aziz being dead his heirs:- 1(a) Asia Khatoon and others……………………..Petitioners Vs. 1(a) Most. Kutisona Bibi and others............................................Respondents Judgment July 24, 2011. Result: The impugned judgment of the High Court Division is set aside. Lawyers Involved: Abdul Quiyum, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. A. K. M. Shahi..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....erajuddowlah Vs. State, 43 DLR (AD) 198; West Bengal Vs. Swapan Kumar Guha, AIR 1982 SC 949; Halsbury in Quinn Vs. Leathern, 1901 AC 495; Babhutmal Vs. Laxmibai, AIR 1975 SC 1297; Rex Vs. Northumberland Compensation Appeal Tribunal, 1952 1 All ER 122; Satyanarayan Vs. Malli-karun, AIR 1960 SC 137...... Vs. Bangladesh and others....................................Respondents Judgment July 20, 2011. Result: The appeals and the leave petition are dismissed. Cases Referred to- ACC Vs. Dr HBM Iqbal, 15 BLC (AD) 45; Haryana Vs. Bhajan Lai, AIR 1992 SC 6......rned brother, Md. Abdul Wahhab Miah J. SK Sinha J. - I have read the draft copy of the judgment prepared by my learned brother Md. Abdul Wahhab Miah J while agreeing with my learned brother that these appeals should be dismissed, I would like to express my opinion separately on the questio...... appeals and the leave petition are dismissed. Cases Referred to- ACC Vs. Dr HBM Iqbal, 15 BLC (AD) 45; Haryana Vs. Bhajan Lai, AIR 1992 SC 604; Dhaka Ware House Ltd Vs. Assistant Collector, 11 BLD (AD) 227; Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Bangladesh Vs. Iqbal Hasan Mah..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ...... Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgment July 17, 2011. ......e is set aside. The condemned-prisoners are acquitted from the charge leveled against them. All the appeals are allowed. The Rule is made absolute. It is settled Principle of law that a statement of an accused before a Judicial Magistrate would a confession, if it is in terms of ......s. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgment July 17, 2011. Result: Death reference is rejected. The impugned judgment and order of conviction and sentence is set aside. The condemned-prisoners are acquitted from the c..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
.....28 of 1984 and renumbered as Other Suit No.42 of 1991, was suit for specific performance of a contract. 2. The case of petitioner, as plaintiff, in Civil Revision No.4490 of 1995, is that, suit land originally belongs to Abdul Jabbar and Mohammad Ismail, co-sharers and was recorded as such in ......er at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......sion No.4490 of 1995 petitioner was defendant. Civil Revision No.4488 of 1995 arisen out of Other Class Suit No.79 of 1988 renumbered as 47 of 1991, further renumbered as 185 of 1991 for declaration that decree obtained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings of Other Executio......er Das, 46 DLR 34; Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 50 DLR 441; Zakaria Hossain Chowdhury Vs. City Bank Ltd. and others, 21 BLD 170. Lawyers Involved: Nikhilesh Datta Advocate - For the Petitioner. Mintu Kumar Mondal, Advocate - For the Opposite Party Nos.1(a) to 1(k).&..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ox and Abdul Malek Mollah are owners of the case holding in equal shares. There was an amicable partition between the said co-sharers. By an amicable partition Abdul Malek Mollah got 13 decimals of land of the case holding who died leaving wife, a son and two daughters. On the death of Abdul Mal......n and others........................Appellants Vs. Mosammat Galman Begum and others............................Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad & others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113; Abdu......er (Md.) and others Vs. Dines Chandra Das and others, 58 DLR (AD) 159; Samad Sikder @ Somed Sikder Vs. State, 50 DLR (AD) 24; Nowbul Alam and others Vs. State reported in 45 DLR (AD) 140, and Anwara Khatun Vs. Md. Abdul Hye and others, 4 BLC (AD) 14. Lawyers Involved: Mahbubey Alam, Senior Adv......rs, 33 DLR (AD) 113; Abdur Rashid Sarker (Md.) and others Vs. Dines Chandra Das and others, 58 DLR (AD) 159; Samad Sikder @ Somed Sikder Vs. State, 50 DLR (AD) 24; Nowbul Alam and others Vs. State reported in 45 DLR (AD) 140, and Anwara Khatun Vs. Md. Abdul Hye and others, 4 BLC (AD) 14. Lawyers ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
...., in short, are: The plaintiffs filed Title Suit No.78 of 1989 in the Court of Assistant Judge, Magura against the defendants for declaration of title and recovery of possession of the suit land or in the alternative for partition. Alter contested hearing, the suit was decreed in term......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abu Bakkar Lashkar & others…………………………&...... by 5791 days, the plaintiffs-petitioners had to file an application under section 5 of the Limitation Act for condonation of delay. 3. It is stated in the application for condonation that for filing a civil revision, the plaintiffs-petitioners collected a certified copy of the judgme......dhury Vs. The State, (1997) 5 BLT (HCD) 3; Nuru Mia Vs. State (1998) 3 BLC 423; Momtazuddin and another Vs. Yakub Ali, (1994) 46 DLR (AD) 13. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. M. A. Jabbar, Advocate, instructed by M. G. Bhuiyan, Advocate-on..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... বারন করিয়া ১/২ নং বিবাদীর বিরুদ্ধে অস্থায়ী নিষেধাজ্ঞা ডিক্রী হয়।” 3. The Suit land mentioned as:- তপসীল জিলা-চট্টগ্রাম, থান......ivil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Bangladesh Tobacco Company Limited…………………….Appellant Vs. Ashoke Kumar Das & others…………………Respondent Judgment June 2, 2011. Result: Th......fect in the genealogy of acquiring title by the plaintiff and there is defect in the schedule of the property which constitute formal defect, by which if the suit and appeal, it is settled law that appeal is continuation of the suit, be run it must fail. Order XXIII Rule 1 of the Code of Civ......…………….Appellant Vs. Ashoke Kumar Das & others…………………Respondent Judgment June 2, 2011. Result: The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....d not be set aside or pass such other or further order or orders as to this court may seem fit and proper. 2. The facts of the case, in short, are that the present applicants were the owners of a land measuring .12 acres pertaining to C.S. Plot No.122 of Mouza Brahmin Chiron under Motijheel Comm......urt concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:......aidul Hassan J Chairman, Rajdhani Unnayan Katripakkha, RAJUK Bhaban, RAJUK Avenue, Motijheel, Dhaka-1000.............................Opposite Party-Respondent-Petitioner Vs. Mosammat Rahima Khatun and others.............Petitioners-Respondents-Opposite Parties Judgment June 2, 2011. ......-Respondent-Petitioner Vs. Mosammat Rahima Khatun and others.............Petitioners-Respondents-Opposite Parties Judgment June 2, 2011. Lawyers Involved: Md. Hefzul Bari, Advocate-For the Petitioner. K. M. Hafizul Alam, with Mahbub Shafique, Advocates-For the Opposite Parties. ..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
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