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....uit land to the landlord. The High Court Division further noticed that the kabuliyats and rent receipts proved the defendants title and possession in the suit land and thus, the Court of appeal below rightly held that the defendants have proved their title and possession after cessation of the tit......ember 2, 2010.
Result:
The petition is dismissed.
Lawyers Involved:
Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners.
Not Represented- the Respondent.
Criminal Petition for Leave to Appeal No.413 of 2009.
(From the judgment and order dated 5.1.2009 passed by the Hig......h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......re claiming title as successive heirs of Shariatullah Sheikh. Defendant Nos.1 and 2 contested the suit by filing a joint written statement denying the material allegations made in the plaint. The trial Court on consideration of the evidence on record by judgment and order dated 21st June, 1993 d..
Category: Property Law | Date: | Hits: 68
State Vs. Sabu and others, 2009, 38 CLC (AD)
....e occurrence on the night following 22.04.2001, in the house of Jobeda till the victim was waylaid on the next evening, clearly highlights the circumstances which go to show that the respondents were rightly convicted by the Trial Court. 7. We have heard Mr. Forhad Ahmed, the learned Deputy Attor......tober 6, 2009. Lawyers Involved: Forhad Ahmed, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No. 280 of 2008. (From the Judgment and order dated 11.03.2008 passed by the ...... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445.......1. 3. The learned Judge in the Court of Jananirapatta Bignakari Aporadh Daman Tribunal and the Special Sessions Judge, Court No.2, Rajshahi, in Sessions Case No.22 of 2003, after completion of the trial, by his judgment and order dated 11.01.2005, convicted the appellants under Sections 302/34 of..Category: Criminal Law | Date: | Hits: 71
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....he facts and circumstances of the case disallowed the appeal which resulted in the failure of justice. 10. Mr. Mokhlesur Rahman, the learned Advocate finally submits that the Court of appeal below rightly ignored the sole finding of the trial Court inasmuch as under the provision of section 359 o......ing the suit should not be set aside. 2. The fact of the case in-short is that, the petitioner as plaintiff instituted Title Suit No.169 of 2003 in the Court of Senior Assistant Judge, Savar Dhaka for specific performance of contract for sale of the suit land impleading the opposite party Nos.1-3......uit is set aside and thus, the suit is hereby decreed. 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 BLC (2011) 791. ...... filed written statement denying all the material allegations of the plaint contending that the baina patra in question is forged and created, as such the suit is liable to be dismissed. 4. At the trial the plaintiff side examined two witnesses and exhibited some documents to prove her case whi..Category: Property Law | Date: | Hits: 74
State Vs. Jabbar, 2010, 39 CLC (AD)
.... people including the students". There is no chain of circumstantial evidence to link the respondent in the murder of Helal. In view of the above, the learned Judges of the High Court Division have rightly found the accused respondent not guilty of the charge. We find no merit in this petition. ...... Lawyers Involved: Zahirul Haque Zahir, Deputy Attorney General, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.33 of 2009. (From the judgment and order dated 2.12.2008 passed by the Hig......htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ...... judgment and order dated 2.12.2008 passed by the High Court Division in Criminal Appeal No.6459 of 2007.) Judgment Surendra Kumar Sinha J. - Respondent Jabbar along with five others was put on trial before the Druta Bichar Tribunal No.1, Dhaka in Druta Bichar Tribunal Case No.9 of 2007 to fac..Category: Criminal Law | Date: | Hits: 53
Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)
....rder of the learned Assistant Judge and allowed the appeal. The High Court Division, in Revision, found that there is no specific area of demarcation of the land in which the plaintiffs claimed their right, title and possession. 3. It appears that the High Court Division also took note of the su......dgment November 2, 2009. Lawyers Involved: Maqbul Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.693 of 2009. (From the Judgment and order dated 19.02.2009 passed by the H......ng on behalf of the petitioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......ng on behalf of the petitioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ..Category: Administrative Law | Date: | Hits: 166
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......dvocate-on-Record-For the Petitioners Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2 Not Represented-For Respondent No.1. Civil Petition for Leave to Appeal No.102 of 2010. (From the judgment and order dated 2.7.2009 passed by the Hig......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......urchased the suit land by registered deed dated 8th January, 1979 from Shahida Begum. Therefore, both the parties admitted that by purchase Shahida Begum was the owner of the suit land. 3. The trial Court on consideration of the evidence on record held that the plaintiffs failed to prove thei..Category: Property Law | Date: | Hits: 73
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ...... August 22, 2010. Lawyers Involved: Abdus Samad, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.430 of 2009. (From the judgment and order dated 02.12.2008 passed by the H......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......ecific Relief Act and by the principles of estoppel waiver and acquiescence and also by res judicata. There was no cause of action for filing the suit and the suit was barred by limitation. 5. The trial court decreed the suit and on appeal the judgment of the trial court was affirmed and the appe..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
....imals of land by erecting house and shop. He has been possessing the shop through tenant. Ashi Mohammad obtained ½, share, that is, 5 decimals of land of suit plot No.8066 and he had no saleable right to transfer 10 decimals of land to Jaherul Hoq and Mazedul Hoq. The plaintiff was never in p......ed: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. A.S.M. Khalequzzaman, Advocate, instructed by Mrs. Shahanara Begum, Advocate-on- Record-For the Respondent. Civil Petition for Leave to Appeal No. 2401 of 2009. (From the judgment and order dated 27.10.2009 passed by the...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......l District Judge, Thakurgaon for hearing. 10. After hearing the parties, the Appellate Court allowed the appeal by the judgment and decree dated 16.09.2007 reversing the judgment and decree of the trial court. 11. Being aggrieved by the aforesaid judgment and decree dated 16.09.2007 passed b..Category: Property Law | Date: | Hits: 79
....adesh Freedom fighters Kallyan Trust at a nominal price by a registered deed of sale dated 19.8.1980 as evidenced by exhibit 'Ja'. Therefore, it appears that Jute Trading Corporation Limited had no right to sell the disputed property to the petitioner. The High Court Division found that Bangladesh......n-Record-For the Petitioner.
M.K. Rahman, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate -on-Record-For Respondent Nos.1-2.
Not represented-Respondent Nos. 3-5.
Civil Petition for Leave to Appeal No.1093 of 2010.
(From the judgment and order dated 17.02.2010 passed by the ......ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
......enancy and subsequently on the basis of agreement for purchase under Section 153 of the Transfer of Property Act it could not be held that he is in unlawful possession of the property and as such the trial Court as well as the High Court Division ought to have held that the plaintiff-petitioner is i..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....h Court Division affirmed the judgment and decree passed by the trial Court. 5. The learned Judges of the High Court Division while affirming those of the trial Court observed that the trial Court rightly believed the execution of the deed of agreement for sale dated 27th March, 1984 by the vendo......in execution of a decree passed by a competent Court without setting aside the decree. 2. Respondent No.1 (the plaintiff) instituted the suit in the First Court of Subordinate Judge, Narayangonj for declaration that the deed dated 14th November, 1992 executed and registered through Court in p......is present in this case and the plaintiff has totally failed to make out such a case. He simply stated in the power of attorney, ext-X, that he being a businessman remained busy with his business affairs, it was not possible on his part to prosecute the suit and accordingly appointed Md. Hanif for......ough Court. His further case is that the plaintiff’s deed of agreement for sale dated 27th March, 1984 is ante-dated and collusive one, created for the purpose of grabbing the suit lands. 4. The trial Court on assessment of the evidence on record decreed the suit. On appeal by the defendant fro..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
....nour is at liberty to make assessment of the evidence. If corroboration from other sources is available to the evidence of a hostile witness, there is no reason why his evidence should be rejected outright. If the evidence of the hostile witness fits in with the attending circumstances, then it may ......ed the provisions of Section 374 of the Code of Criminal Procedure (“the Code”) requiring such sentence to be confirmed by this Court. The case record together with the judgment having been, therefore, sent to this Court, this Court registered the same as Death Reference No. 01 of 2006. 2. I......ing seen in the company of the accused persons from such time onwards. Mr. Chakrabortty relies on such extracts of the Section 164-statements as lend credence and assurance to such general state of affairs. Taposh’s family members, especially his father the P.W.3 informant and his mother Shanti Po......s and circumstances there is further ground to establish an element of a guilty mind given that the Condemned Prisoner must by now be in the know about the arrest of the other accused persons and the trial faced by them. Against that backdrop, this Court finds that Kazol’s continued absconsion wit..Category: Criminal Law | Date: | Hits: 106
Pradip Kumar Malakar Vs. Birendra Chandra Malakar and others, 1993, 22 CLC (HCD)
....trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 422.......ial court became functus officio. The trial Court upon an application under Or. 23 r. 1 CPC passed the impugned order after remand of the suit by the lower appellate Court to consider the application for withdrawal of the suit. In my opinion the lower appellate Court committed serious error of law i......trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 422.......uit. The order is dated 26.5.1991. 2. Mr. Md. Fazlul Haque, submits that the order is misconceived upon an application filed after remand of the suit by the lower appellate Court in as much as the trial Court having had already decreed the suit there was no scope to withdraw the suit in that the ..Category: Procedural Law | Date: | Hits: 72
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......ourt of Assistant Judge Dhaka where the suit was numbered as Title suit No.253 of 1988; rejecting the plaintiff petitioner's application under Order 39 rule 7 read with section 151 of the CPC praying for local inspection and a prayer for review of earlier order dated 5.3.90 by which the previous app......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......in the decision causing failure of justice by refusing the prayer for local inspection. Therefore, the Rule is made absolute without cost. The impugned order dated 28.3.90 is hereby set aside and the trial court is directed to allow the prayer for local inspection as had been prayed for and to take ..Category: Property Law | Date: | Hits: 80
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....eans. It is a provision mandatory in nature in the Act of 1957 giving the accused a better opportunity to explain the, charges before he is put on trial and this subsequent law giving an accused that right cannot be just ignored because of the absence of similar provision in the prevention of Corrup...... an order dated 11.1.92 passed by the learned Divisional Special Judge, Dhaka, in Special Case No.7 of 1991 rejecting that second application filed under section 344 of the Code of Criminal Procedure for staying further proceedings in the aforesaid case started under section 409 of the Penal Code re......l justice should be swift and sure and that the guilty should be punished while the events are still fresh in the public mind and that the innocent should be absolved as early as is consistent with a fair and impartial trial.” 24. Another reason is that it is undesirable to let things slide til......blic Servant from the Presidents Secretariat vide letter dated 16.2.91. 3. The court took cognizance of the case on 23.2.91 and the charge was framed against the former President HM Ershad and the trial proceeded to which HM Ershad pleaded not guilty. It appears that the Jatiya Party in the meant..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. .......5.88 at about 15 hours at a place near the house of the accused appellants 15 persons including the two petitioners being armed with dangerous weapons, such as, dao, lathi, fikol etc. attacked the informant and his cousin Omer Ali and assaulted them severely causing death of Omer Ali and injuries o......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......ith the case or, whether he shall send the case to the Court of Sessions. It is also held that only the Magistrate has the jurisdiction to decide whether all or some of the accused are to be sent for trial after enquiry. 13. In the case reported in 1987 BCR 244 it was found that refusal to take c..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....as obtained. 8. The learned Advocate appearing for the petitioner has urged only one point, that the petitioner prior to the execution and registration of the sale deed in question transferred his right, title and interest in the disputed land in favour of his 4 sons by registered deed of Heba‑......ve contentions and on consideration of the evidence on record the learned Munsif allowed the pre‑emption. 6. Being aggrieved and dissatisfied by the order of learned Munsif an appeal was taken before the learned District Judge, Joypurhat, and the appeal on transfer was heard by Subordinate Judg......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......taken before the learned District Judge, Joypurhat, and the appeal on transfer was heard by Subordinate Judge, Joypurhat, who on re‑appraisal of evidence on record concurred with the finding of the trial Court and dismissed the appeal. 7. Being aggrieved by the order passed by the 1st Appellate..Category: Property Law | Date: | Hits: 81
....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98.......dge, Munishiganj, on 20.5.85 in Title Appeal No.2 of 1985 whereby he set aside the judgment and decree passed by Subordinate Judge, Munshiganj on 27.8.82 in Title Suit No.71 of 1981.
2. The Suit before the learned trial Court was for specific performance of contract.
3. The case of the plainti......se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98....... on 20.5.85 in Title Appeal No.2 of 1985 whereby he set aside the judgment and decree passed by Subordinate Judge, Munshiganj on 27.8.82 in Title Suit No.71 of 1981.
2. The Suit before the learned trial Court was for specific performance of contract.
3. The case of the plaintiffs was that the ..
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
....hat framing issues on point of law alone being an exception to this general rule, the exception can be taken recourse to when the same is called upon in the interest of justice. The Court below acted rightly in rejecting the prayer for framing the Since the whole question centres round only one poin......The petitioner's case, in short, is that Misc. Case No. 53 of 1985 was filed by the Opposite Party Nos.1 and 2 as petitioners under sections 71 and 74 read with section 71(f) of the Trusts Act, 1882, for issuing show cause as to why the principal opposite parties 1 to 3 (Petitioners before this Cour......cessary evidence as the party to such issues may like to examine witness and produce papers/documents in support of their contentions. Framing of issues on law as well as on facts gives the parties a fair chance to resolve the disputes in the suit once for all by adducing evidence at a minimum cost ......aw on which the entire suit may be disposed of, it is the duty of the Court to try that issue first at the earliest opportunity so that the Court may not be unnecessarily bogged down in a complicated trial of the issue of fact requiring much time and involving heavy expenditure." 5. Mr. Khan..Category: Procedural Law | Date: | Hits: 62
....hey got the land through inheritance, the trial Court placed more reliance on the documentary and oral evidence of the plaintiffs and decreed the suit holding that the plaintiffs have got prima facie right, title and possession in the suit land and that if the plaintiffs possessed any more land than......cree dated 29.7.85 and 21.9.85 respectively, passed by Munsif, Second Court, Dhaka, in Title suit No.45 of 1985 should not be set aside.
2. The petitioners as plaintiffs filed the above title suit for permanent injunction stating, inter alia, that the suit land originally belonged to one Abdul Ga...... of the records from this Court. Send the LC records at once.
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) 94.......e and has been enjoying the possession thereof. So the plaintiffs have got no tide.
4. After considering the oral as well as documentary evidence in support of the possession of the plaintiffs the trial Court came to a definite finding that the plaintiffs have been able to prove their possession ..
Category: Property Law | Date: | Hits: 72
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......abibur Rahman Khan J.- This is a reference under section 374 of the Code of Criminal Procedure made by Mr. Md. Ansaruddin Sikder, Additional Sessions Judge, Chuadanga on 13.2.90 to this Hon'ble Court for confirmation of death sentence passed against the accused No.1 Md. Akhter Hossain alias Babul Ak......ot be safe to hold it as voluntary. In the case of Aher Raja Khima Vs. The State reported in AIR 1956 (SC) 217 it was observed as follows: "The length of time is unusual but no objection about its fairness to the accused could reasonably have been raised had it not been for the fact that the judi......Md. Abdul Wahab, Officer in Charge of the police station lodged FIR on 3.5.87. 4. The police after investigation submitted charge sheet and the condemned prisoners along with others were placed on trial before the Additional Sessions Judge, Chuadanga being charged under sections 302/34 of the Pen..Category: Criminal Law | Date: | Hits: 110
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