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Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135.......€¦â€¦â€¦â€¦Respondents Judgment August 4, 2008. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. None represented-For the Respondents. Criminal Petition for Leave to Appeal No.205 of 2007. Judgment Mohammad Fazlul Karim. - This petition for leave ......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135.......lice after investigation submitted charge sheet against the respondents under Sections 364/406/420 of the Penal Code. The case record was eventually sent to the learned Sessions Judge, Mymensingh for trial. The Assistant Judge took up the case for trial and framed charge against the respondents unde..Category: Criminal Law | Date: | Hits: 75
Amulla Kumar Bairagi and others Vs. Chitta Ranjan Biswas and others, 2002, 31 CLC (AD)
....nspecified in the schedule of the plaint and a court shall not be able to pass an executable decree. It also found that the defendant No.1 respondent is in possession of the suit land and a record of right is also running in his name. 4. The learned advocate appearing for the petitioner submits t......Lawyers Involved: Md. Nowab Ali, Advocate-on-Record-For the Petitioners. AKM Shahidul Huq, Advocate-on-Record-For the Respondent No.1. Not represented- Respondent Nos.2-5. Civil Petition for Leave to Appeal No.934 of 1999. Judgment KM Hasan J.- The petitioners seek eave to appeal ......ate court has passed a decree over unspecified and undemarcated suit land which is not executable. The leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 118. ...... respectively. Against which the plaintiff-petitioners filed Title Appeal No.65 of 1989 before the learned District Judge, Bagerhat which was allowed and the judgment and decree passed by the learned trial court in Title Suit No.194 of 1985 was set aside. Defendant No.1 respondent being aggrieved an..Category: Property Law | Date: | Hits: 69
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....dated 1-8-1962 and possession was handed over to the principal defendant No.1 who duly mutated in respect of the suit land his name and has paid rents and taxes regularly to the government and having right, title, interest and possession, constructed some temporary structures in the schedule propert......taks, on 21-3-1962 to Shamsul Kabir Humayun Reza. To grab this land through legal process 3(three) suits have been filed, first of which is Title Suit No.51 of 2004 was filed by MA Hashem on 8-2-2004 for Specific PerforÂmance of a Contract against Shamsul Kabir Humayun Reza second one, Title Suit N......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......ode on Courts of original jurisdiction in respect of suits instiÂtuted therein and since depositions and exhiÂbits before my hand as such, I can dispose of the suits without sending the same to the trial Court for remand. It is also to be noted here that in three suits, 4 (four) sets of apparently..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
.... given the following report: "1) Penetrating injury left lower extremity size 2.5 x 2.5 cm each. 5 injuries in and around ankle joint of left lower extremity. 2) Six penetrating injuries around right ankle joint, size-2.5 x 2.5 cm each. 3) Four penetrating injuries on left elbow. Size 1.25 ......iminal Appeal No. 5492 of 2008. Judgment Enayetur Rahim J. - This reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, Manikganj for confirmation of the death sentence of condemned prisoners namely 1. Md. Lebu Miah, son of Late M......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......Shamsul Haque, being the investigating officer after investigation submitÂted charge sheet under sections 364/302/34 of the Penal Code against all the condemned prisoners. 4. Case being ready for trial the condemÂned prisoners were put on trial before the learned Additional Sessions Judge, Mani..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....that pro forma defendant No.7 Kadam Ali, father of proforma defendant No.8 Ahmmad Ali, proforma defendant No.10 Alamat Ali and Julmat Ali, husband of proforma defendant No.9 Mohammadi Begum, acquired right, title and interest in suit CS plot No.313 of CS Khatian No.362 Ext. 5(a) of Mouza Barabo alon......e of defendant Nos.1 to 6 and 10 is directed against the judgment and decree dated 17.8.78 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.27 of 1977 decreeing the plaintiff's suit for declaration of title in the 'A' schedule land and recovery of possession in the 'B' schedule lan......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......ide of suit CS Plot No.313 is contrary to the recital of the said document and the oral evidence adduced by the defendants contrary to die said recital cannot be relied on and rightly rejected by the trial Court. To reconcile the said contradiction defendants at the trial adduced evidence contrary t..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......- Appellants obtained leave from this Court from the judgment and order dated 13th May, 2003 of a Single Bench of the High Court Division in Civil Revision No.6768 of 2001. 2. Short facts relevant for the disposal of the appeal are that one Ghana Mia, predecessor-in-interest of the appellants, in......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......laimed that the plaintiff sold 05 decimals of land for valuable consideration and that the pursuant to the deed he delivered possession of the suit land. The suit is liable to be dismissed. 4. The trial Court dismissed the suit. On appeal by the plaintiff being Title Appeal No.97 of 1996, the lea..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......aser Lt. Col. M.A. Mannan (Retd) and other at the instance of the decree holder Social Investment Bank Limited arise out the same judgment in Writ Petition Nos. 4783 of 2003 and 4803 of 2003 and therefore these appeals are disposed of by this judgment analogously. 2. The respondent No.1 Social In......left with no option but to accept the prayer and pass necessary order for compromise. 10. According to Dicey, Judges are not allowed to decide a case on the basis of whatever they consider just or fair. They are constrained by 'definite principles of law' and by binding precedent. To avoid an arb......ok not only at the language of the preamble or of any particular clause, but the language of the whole Act. In the Ain, a settlement can be effected at three stages of proceedings; firstly, at the pretrial stage of the proceedings under sections 21 and 22; secondly, after the passing of the decree a..Category: Civil Law | Date: | Hits: 90
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....lenged. All the P.W.S as referred above are corroborative to each other on material points regarding time, place, recovery of arms and ammunition from the possession of the accused. Thus the tribunal rightly found him guilty for the charges of unauthorized possession of arms and ammunition under sec......udge, Court No. 3, Jhenaidah, in Special Tribunal Case No. 29 of 1996, convicting tine accused appellant under section 19 (A) and 19 (f) of the Arms Act 1878 and sentencing him to suffer imprisonment for life for each of the offences. 2. Facts necessary for disposal of the appeal is that the info......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......ned Sessions judge and Senior Special Tribunal Judge, Jhenaidah received the case record from the learned Thana Magistrate on 01.04.1996 and subsequently the Same was transferred to this Tribunal for trial on 10.04.1996 who framed charge under section 19 (A) and (f) of the Arms Act 1878 against the ..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......ssistant Attorney General - Opposite Party No.1 (State). Md. Khurshid Alam Khan, Advocate - Opposite Party No.2 (ACC). Criminal Miscellaneous No. 5735 of 2008. An application u/s 561A Cr.P.C for quashment of the proceedings of Special Case No. 4 of 2008 pending in the Court of Special Judge......§¦à§ (অনà§à¦ƒà§¨)" it has been transpired that in between 01.01.1999 to 31.12.1999, while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the Chairman of National Sports Council, Dhaka had obtained as bribe an amount of ......r Special Judge, Dhaka and the said Court having taken cognizance the Special Tribunal Case No. 4 of 2008 has been registered. 5. The case was then transferred to the Special Court No.7, Dhaka for trial. The accused-petitioner, in the course of trial, filed an application before the Special Judge..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
....ife of Late Rangu Mia died and as such her name was not recorded in R.S. Khatian No.448. Late Rangu Mia had no wife by name Sabani Bibi. On opening separate Khatians Sona Mia, the petitioner lost his right of co-sharership by inheritance in R.S. Khatian No.448. By an amicable settlement amongst the ...... proper. 2. Sona Mia, the predecessor of the opposite party Nos.1(a) to 1(ka) as petitioner filed Miscellaneous Case No.67 of 1983 under section 96 of the State Acquisition and Tenancy Act, 1950 for preemption of the case land against the present petitioner as opposite party No.1. 3. The ca...... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248.......finite knowledge on 27.3.1978 when he came to know obtaining the certified copy of the sale deed as such the case was barred by limitation which was liable to be dismissed. 5. Trial Court during trial framed the following issues:- 1. Whether the case was maintainable in its present form and ..Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....al Settlement operation. Afezuddin sold 2.60 acres of land in favour of Sherjan Ali and others which was recorded in their name and thus the Petty Settlement recorded tenants transferred their entire right to Keron Bala who sold her rest of the land to Ismail and Kashem and it was also alleged that ......istant Judge, Patharghata in Title Suit No. 30 of 2000 should not be set aside. 2. The plaintiff opposite party filed Title Suit No. 30 of 2000 in the Court of learned Assistant Judge, Patharghata for declaration of title and for partition. 3. That the suit was filed on the allegation that the......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......ional Settlement and State Acquisition Khatian are correct and defendant no. 31 filed a separate written statement and he claimed 1.28 acres of land by successive purchase. 6. During the course of trial the learned Assistant Judge, Patharghata, Barguna on consideration of the evidence on record p..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....el for the accused petitioner, concentrated his argument laying emphasis on the framing of additional or further charge stating that the petitioner has filed this application without prejudice to his right to challenge the validity of the charge framed under section 5(1)(d) of the Prevention of Corr......iminal Revision No. 657 of 1992. Judgment Habibur Rahman Khan J.- This application under section 439 read with section 435 Cr.P.C. filed at the instance of the accused petitioner HM Ershad, the former president of Bangladesh, is directed against the order dated 4.5.92 passed by the Special Jud......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......further charge, submitted that the impugned order does not suffer from any illegality and impropriety and hence the Rule is liable to be discharged so as to enable the prosecution to proceed with the trial. Both the learned counsel and the Attorney‑General made their best efforts to substantiate t..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....ed under the relevant provisions of the election law will fail. 15. In view of the above we do not find any illegality in the impugned order of the Election Commission. The Election Commission was right to cancel the election result of Ward No.3, Musapur Purba Primary School Centre of Musapur Uni......of Musapur Union Parishad, Sandwip, Chittagong. 2. The facts, in short, as stated in the petition, are, that the petitioner along with respondent Nos. 6 and 7 filed nomination papers as candidates for the election to the office of Chairman of Musapur Union Parishad. The said Union Parishad has be......inance and the Rules is also responsible for the maintenance of order at the polling station and for reporting to the Returning Officer of any facts or incidents which, in his opinion, may affect the fairness of the poll (Rule‑7 (2). The Rules further require the Presiding Officer to inform the Re......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....29. 13. The relevant passage from Dicey on Parties to an Action (R 113 p 495) as quoted in UG Sukhare Vs. CG Gawande 1960 AIR Vol. 47 Bombay page 238, relevant para 7 reads: "A person who has a right to defend any action of ejectment is any person named in the writ and any person who is in pos...... Judge, Sadar, Chittagong, in Other Suit No.7 of 1991. 2. Facts, as stated in the petition, in short, are, that the plaintiff opposite party No.1 instituted a suit, being Other Suit No.220 of 1978 for ejectment of a tenant, for arrear of rent and compensation. The suit was renumbered as Other Sui...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......btional. 8. Mr. Momtazuddin Ahmed, the learned Advocate for the petitioners, submits that the impugned order was passed on wrong conception of law. By denying to add the petitioners as parties the trial Court has excluded necessary and proper parties from appearing in the suit. In their absence t..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....said view finds support in the case of Asiman Begum Vs. The State, 51 DLR (AD) (1999) 18. It has been further spelt out in that decision that: "There is no question that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. We are of the vie......ers Case No.137 of 1989 convicting the accused-petitioners under section 4(c) of Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and sentencing them thereunder to suffer rigorous imprisonment for 5 (five) years each and also to pay a fine of Taka 3,000/- each, in default, to suffer rigorous ......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......de of Criminal Procedure. 6. After publication of notification in the official Gazette, the Upazilla Magistrate, Balaganj, Sylhet transferred the case record to the District Magistrate, Sylhet for trial. Since the case was triable by the learned Judge of the Special Tribunal, the District Magistr..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
.... of the materials and evidence on record dismissed the suit holding, amongst others, that the plaintiff No.2 by filing a compromise petition relinquished his claim on the suit land admitting the right, title and interest and possession of the defendant thereon and that possession of the defenda......ry and others Vs. Md. Nurul Amin and others, 47 DLR (AD) 162. Lawyers Involved: Abu Siddique, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1623 of 2008. Order Shah Abu Nayeem Mominur Rahman J.- Instant leave pe......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......tiff-appellant hereof filed the Title Suit No.28 of 2004 in the Court of Senior Assistant Judge, Kashba, Brahmanbaria, praying for a decree for simple declaration of title in the suit land. 4. The trial court on consideration of the materials and evidence on record dismissed the suit holding, amo..Category: Property Law | Date: | Hits: 94
.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176....... Involved:
Bivash Chandra Biswas, Advocate-on-record-For the Petitioner.
Md. Aftab Hossain, Advocate-on-record-For the Respondent No.1.
Not represented- Respondent No.2-3.
Civil Petition for Leave to Appeal No.1055 of 2008.
Judgment
MM Ruhul Amin CJ. - This petition for leave to a...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176....... 13,00,000/- (Taka thirteen lac). In order to grab such valuable property, the plaintiff has created a forged bainanama and filed the false suit, which is liable to be dismissed with costs.
5. The trial Court dismissed the suit.
6. On appeal being Title Appeal No.164 of 1998, the appellate Cou..
Category: Property Law | Date: | Hits: 70
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ...... Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Khondaker Mahbub Hossain, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 226 of 2009. Judgment BK Das J. - This petition for leave to appeal is......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ...... against the accused respondent and his wife Most Rumana Monowar alias Rumana Akter under Section 19(f) of the Arms Act. 5. The case was transferred to the Court to Metro. Special No. 7, Dhaka for trial and the same is numbered as Metro. Special Tribunal Case No. 386 of 2007, who framed charges, ..Category: Criminal Law | Date: | Hits: 67
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ...... in brief, are that the sole opposite party as plaintiff on 6.7.1986 filed a suit being Money Suit No. 14 of 1986 in the Court of Subordinate Judge, Narayangonj impleading the petitioner as defendant for realization of a sum of Tk.1,56,569.38 on the averments that the plaintiff is a limited company ......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......ndant for realization of a sum of Tk.1,56,569.38 on the averments that the plaintiff is a limited company incorporated under the Companies Act, 1913 which was subsequently nationalized under the Industrial Enterprise (Nationalization) Order 1972 (President's Order No.27 of 1972) and placed under Ban..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
...."It is open to the Judge in his discretion under Order 1, rule 10 to add as a party to the suit the representative of a person against whom the suit has abated for the purpose of giving effect to the rights of the parties. It is obvious, therefore, that in an appropriate case in the interest of j......rty. Civil Order No. 2565 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.-This application is directed against an order passed by the Subordinate. Judge, Noakhali allowing an application for addition of the heirs of deceased defendant No.1 (Cha) under Order 1 rule 10 read with section 1...... the decision in the case of Bhupati Biswas & others Vs. Niranjan Biswas & others reported in 40 DLR 517 which is distinguishable on facts from the present case. 6. The law on the point is fairly settled. In the case of Rahim Baksha Gazi & others Vs. Enbar Gazi & others 22 DLR (Dh......s revisional application. 5. It is submitted on behalf of the petitioners that in view of abatement of the suit taking place owing to non‑substitution of the heirs of the deceased defendant, the trial Court has committed an error of law resulting in an error in the decision occasioning failure ..Category: Civil Law | Date: | Hits: 93
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