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Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....r cropping up of a new cause of action. He further submits that since the trial Court permitted to file additional written statement if any, the defendants have not been prejudiced. 4. Mr. Islam also relied on the decision of 36 DLR (AD) 253. In that case originally suit was filed for declaration......‘ For the Opposite Parties. Civil Revision No. 2834 of 1993. Judgment Abu Sayeed Ahammed J. -The defendants are revisionist. Fray is among the collateral relations of the same family. We are called upon to consider whether in a suit for ejectment of licencees, a prayer for declaration of pl......nged the nature and character of the suit, it will help the parties to avoid multiplicity of litigations, there is no scope for cropping up of a new cause of action. He further submits that since the trial Court permitted to file additional written statement if any, the defendants have not been prej......ivil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Abu Sayeed Ahammed J Syed Monirul Huda Chowdhury………………………………Petitioner Vs. Fouzia Chowdhury and others…………………………………Opposite Parties Judgment June 5, 1994. Re..Category: Property Law | Date: | Hits: 151
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
.... was enquired by Magistrate locally and submitted report. The same was forwarded to O.C. Begumganj P.S. for taking N a. During preliminary enquiry a cognizable case is made out against the accused persons and as such he started the case on suo mutu. Mr. Lutful Kabir, Dy. S P (Hq) investigated the ca......jury or death of the labour, and that the contraÂctor is to make at his own expense all arrangements necessary for medical aid including inÂoculation, vaccination and medicine etc. 7. We are not called upon to consider the responsibilities of the contractor. We are considering the responsibilit......adar, Noakhali is pending, where the two appellants along with Muraduzzaman, the Government contractor and Md. Habibur Rahman, the officer in charge of L.S.D Chowmuhani along with others are facing a trial chargeable under claÂuse II of Martial Law Regulation 1 of 1975. The allegation made in the c......is Case is also Reported in: 30 DLR (AD) (1978) 58. ..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....s that the land in suit comprises a plot of land being C. S Plot No.310 measuring '80 acre, which was recorded, along with CS. Plot No.311 measuring .08 acre, as Koljote of one Mainuddin, the predecessor-in-interest of DefenÂdants No.2 to 9, in Khatian No.83 of mouza Rajarbagh P.S. Tejgaon, under t......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......s the suit land one and a half years or so after the indpendence of the country. 5. The learned Additional District Judge who heard the appeal dismissed the same affirming all the findings of the trial Court The definite findings of the lower appellate Court were that the status of Mainuddin was......Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....reÂsented in this Court by the learned Counsel, Mr. Nizamuddin Haider. When this petition came up for hearing, Mr. T. H. Khan, learned Counsel appeared for the petitioner and Mr. N. U. Haider, was also present to oppose this petition on behalf of Respondents No.1 and 2. Since this petition has rais...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......d been filed. 8. Mr. T. H. Khan, learned Counsel, appearing for the petitioner, has submitted, firstly, that the learned Judges of the High Court were not correct in setting aside the order of the trial Court by which the suit was set down for hearing only on the question of its maintainability w......er as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
Musammat KhaleÂda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....for special leave to appeal is against a judgment of a Bench of the High Court Division disÂmissing a Second Appeal preferred against a judgment of reversal decreeing a suit brouÂght by the predecessor-in-interest of ResponÂdent Nos.1 to 6 for partition on declaration of title. 2. Plaintiff, M......Âchase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......1 and 2 i. e. petitioners Nos.1 and 2, .08 acre of land from the heirs of Hasan Banu by a registered Kabala dated 2-1-51 and that the plaintiff did not acquire any interest by his purchase. 4. The trial Court dismissed the plaintiff's suit on the finding that the Kabalas which were purported to b......ase is also Reported in: 30 DLR (AD) (1978) 27. ..Category: Property Law | Date: | Hits: 102
....
Bangladesh (forÂmerly Province of East Pakistan) & another..........Respondents
Judgment
July 27, 1977.
Result:
The appeal is dismisÂsed.
Cases Referred to-
Lennon Vs. Gibson & Howes Ltd., (1919) AC 709; Kallv Das Ahiri Vs. Man Mohan Das, ILR 24 Cal. 440; 1 CWN 32I; ......onÂsideration of the payment of 7.980/- as salami and annual rent of Rs. 36/-which is liable to be revised, according to the terms of the deed of lease, after a period of 30 years. The appellant was called upon by a notice dated 20-3-70, issued by the Sub-Divisional ManaÂger (Sadar) South, Dacca, ......lt, therefore, is that subject to the observation made above, the appeal is dismisÂsed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
....al Sessions Judge, Naogaon in Session Case No.40 of 1994 convicting the appellants under sections 395 and 397 of the Penal Code and sentencing appellant Nos.1 and 3 thereunder to suffer rigorous imprisonment for nine years with a fine of Taka twenty thousand for each in default to suffer rigorous im...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......ion Case No.13 dated 20.1.1994. The police, after investigation submitted charge sheet on 24.6.1994 against the appellants under sections 395 and 397 of the Penal Code. The case after being ready for trial, was sent to the Court of Sessions Judge, wherein it was registered as Session Case No.40 of 1......s Also Reported in: 21 BLT (HCD) (2013) 287. ..Category: Criminal Law | Date: | Hits: 103
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....8.1996 passed by the Assistant Sessions Judge, Bogra in Session Case No.93 of 1994 convicting the appellants under section 395 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for six years with a fine of Taka two thousand for each in default to suffer rigorous impris......hen two or three of them chased him, and he entered into the room out of fear of life. Thereafter the thieves went away towards Bogra by the said truck. The informant came out from his room again and called a night-guard named Sree Nath. Meanwhile some other witnesses namely Makbul, Uzir and others ......he Penal Code. During investigation the police arrested many suspects including the appellants, who made statements under section 164 of the Code of Criminal Procedure. The case after being ready for trial, was sent to the Sessions Judge, Bogra, wherein it was registered as Session Case No.93 of 199......J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Al-Amin Vs. State, 2011, 40 CLC (AD)
....were found with multiple injuries in a room of their house. The informant Md. Shamsuddin Mullah, father of Runa, lodged an FIR with the Raipura police station, Narsingdi, on the following day against some unspecified persons. Eventually the police arrested the accused petitioner out of suspicion and...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ...... Narsingdi to admit the accused petitioner on bail if he submits bail bond to his satisfaction till the submission of police report. The Chief Judicial Magistrate or the learned Sessions Judge or the trial Court, as the case may be, shall be at liberty to take the petitioner into custody if he misus......he Petitioner. M.K. Rahman, Additional Attorney General (appeared with the leave of the Court)—For the Respondent. Criminal Petition for Leave to Appeal No. 428 of 2010. (From the judgment and order dated 9.6.2010 passed by the High Court Division in Criminal Miscellaneous Case No.21309 o..Category: Criminal Law | Date: | Hits: 96
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....High Court Division (Criminal Appellate Jurisdiction) Present: Siddiqur Rahman Miah J Md Abdul Hafrz J State.............Appellant Vs. Jahangir Mallik................Condemned Prisoner Judgment December 1, 2008. Result: The Death Reference is rejected and the Jail Ap......Abdus Sukur Miah Vs. State, reported in 1996 BLD 337 = 48 DLR 228 in support of his contention. 13. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in t......udgment and order and materials available in the paper books and submits that the condemned prisoner is quite innocent and he has been falsely implicated in this case out of previous enmity; that the trial Court did not apply his judicial mind in analysing the deposition of PWs and their cross exami......an Miah J Md Abdul Hafrz J State.............Appellant Vs. Jahangir Mallik................Condemned Prisoner Judgment December 1, 2008. Result: The Death Reference is rejected and the Jail Appeal is dismissed. Cases Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 9..Category: Criminal Law | Date: | Hits: 87
....s.
4. On going to materials on record it transpires that terms of the petitioner's lease expired at the end of Chaitra, 1415 BS, and the petitioner did not acquire any continuing right thereunder, so the notification for tender for leasing out the fishery in question on fresh terms cannot be said......edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......ingaon Closed Fishery within Police Station Mithamoin covering an area of 120.12 acres.
In suit, the plaintiff filed an application for temporary injunction in the above term which was rejected by trial Court and affirmed in appeal. Hence the application.
3. The learned Advocate for the petiti......he order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60...
Category: Property Law | Date: | Hits: 73
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
....llants filed the concerned suit for partition of the scheduled property. 2. The plaint case is, that the original owners of the land appertaining to CS khatian No. 62 were Safarunessa, Ayeb Ali, Amsory Bibi and Jobirar Nessa and the CS record was correctly prepared in their names. They were the o...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......y filed the partition suit to get their share of 2.161/2 acre of land partitioned by metes and bounds. 5. Defendant Nos.1-9, who are co-sharers of the suit land, filed written statement before the trial Court and prayed for a Saham of 1.971/2 decimals of land and admitted the case of the plaintif......CD) (2010) 54. ..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....the rate of 20% to be calculated till realization by selling out the mortgage property in accordance with law. 3. The defendant No. 1 contested the suit by filing a written statement and she was also examined on commission. It is contended, inter alia, that the defendant No. 1 did not receive loa......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......y it transpired that the deed was given to the Bank for obtaining loan. Actually they were not aware of such mortgage. However, they ultimately did not come to contest. 5. The learned Judge of the trial Court framed five issues and during the trial she recorded evidence of only one PW. The defend......) 49...Category: Civil Law | Date: | Hits: 116
Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
....s discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......impugned order. Hence the Rule. 3. The learned Advocate appearing for petitioner submits that the petitioner was prevented by sufficient cause not to appear in Miscellaneous Case when the same was called on for hearing but the Court of appeal below without considering such cause dismissed the app......efault. 2. Material facts are that plaintiff instituted Family Suit No. 333 of 2002 in the Family Court, Dhaka against the defendant for custody of his male child Shajib aged about 21/2 years. The trial Court by the judgment and decree dated 9-6-2003 decreed the suit ex parte. Against which the d......Jaymala Baroy @ Shamsun Naher.........Petitioner Vs. Dilip Kumer Baroy..........................Opposite Party Judgment November 4, 2009. Result: The order of stay granted earlier stands vacated. Lawyers Involved: Suraiya Begum, Advocate - For the Petitioner. No one appear..Category: Civil Law | Date: | Hits: 130
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
.... Rajshahi, Sadar, impleading opposite parties as defendants for declaration that resignation of his Nikah Registrar office dated 12-11-2003 submitted to District Registrar is forged, fraudulent and also for permanent injunction. In suit, plaintiff sought for temporary injunction which was allowed......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......h Registrar office dated 12-11-2003 submitted to District Registrar is forged, fraudulent and also for permanent injunction. In suit, plaintiff sought for temporary injunction which was allowed by trial Court but reversed in appeal. Hence the Rule. 3. The learned Advocate appearing for petitio......d in: 15 BLC (HCD) (2010) 46. ..Category: Civil Law | Date: | Hits: 92
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....oners in the Credit Information Bureau Report (CIB Report) as defaulting borrowers for the alleged loan liabilities of respondent No. 3 Agrani Bank under Borrower Code No. 4999. The petitioners by reason of the said CIB report are unable to obtain and renew various facilities from various banks, whi...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ...... written to the petitioner by the plaintiff bank and whether the same has been accepted by the petitioner are matters of evidence. The points at issue now before us can well be decided at the time of trial of the suit but on a writ jurisdiction this question cannot be decided. Defendants will be at ......e is also Reported in: 15 BLC (HCD) (2010) 34. ..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....dul Huq J Baby Masum & another……....Petitioners Vs. Bangladesh Film Development Corporation...........Opposite Parties Judgment April 23, 2009. Result: The Rule is made absolute. Cases Referred to- Sultan Ara Begum Vs. Secretary, 38 DLR 105, Dewan Obaidur Rahman Vs......pplementary affidavit and the documents annexed. 3. Opposite party No. 1 FDC filed the above noted complaint case stating that on 25-7-1999 a contract was signed between FDC and a partnership firm called Messrs Light and Sound owned by the two accused-petitioners Baby Masum and another. The subst...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......hy the proceeding, of CR Case No. 2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed or pass such other order or further orders as this Court may deem fit and proper. Further proceeding in the said CR Case was also stayed. None appears on behalf of the..Category: Criminal Law | Date: | Hits: 95
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....der section 374 of the Code of Criminal Procedure has been submitted by the learned Judge of Druta Bichar Tribunal No. 3, Dhaka for confirmation of sentence of death awarded by him to condemned prisoners, (1) Md. Anwar Hossain and (2) Gobinda and absconding accused (3) Abu Bakar, (4) Bipul, (5) ......e judgment and order have been heard together and are being disposed of by this judgment. 3. The prosecution case, in short, is that on 9-11-1999 at 5.00 PM accused Anwar Hossain and Abu Bakar called and took away deceased Zakir, the son of informant Abdur Rahim from their house for attendin......d with the CID. CID Inspector AKM Rafiqul Islam took up investigation of the case and after investigation submitted charge sheet against ten accused persons including the convicts, who were put on trial in the Court of Additional Metropolitan Sessions Judge, 1st Court, Dhaka, wherein charge unde...... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J ATM Fazle Kabir J State………………………Appellant Vs. Anwar Hossain and others.............Respondents Judgment August 21, 2008. Result: The appeals are dis..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
....olice at the Kalkini Police station. The police investigated into the matter, visited the place of occurrence, examined witnesses and thereafÂter submitted a charge sheet against both the accused persons under section 290 of the Penal Code. 3. Both the accused were initially arrested under secti......on various considerations such as the surÂrounding circumstances and the place and the society. 13. The concept of morality and immorality, unless it offends God's law, which is universal, may be called a geographical sin. What is immoral and indeÂcent here in our society may not be considered ...... arrested under section 54 of the Code of Criminal Procedure and sent to the Magistrate from where they were enlarged on bail to answer a charge punishable under section 290 of the Penal Code. At the trial the prosecution examined three witnesses including the Investigating Officer while the defence...... Aroj Ali Sarder.........................Petitioner Vs. The State........................Opposite Party Judgment February 5, 1989. Cases Referred to- Jatindra Nath Vs. Manindra Nath and another, AIR 1950 Calcutta 330; Maijuddin Laskar Vs. Moulana Nurun Nabi, 16 DLR (Dhaka) 528; 10 ..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
.... Master…………………………………Accused Petitioner Vs. The State……………………………Opposite Party Judgment December 15, 1988. Result: The Rule is made absolute. Cases Referred to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul Vs. Mr......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......ent Habibur Rahman Khan J.- This revisional application has been filed against the order of conviction and sentence passed against the accused petitioner under section 377 of the Penal Code by the trial Court and upheld by the appellate Court. 2. The prosecution case, in brief, was that on 5.5......¦â€¦Opposite Party Judgment December 15, 1988. Result: The Rule is made absolute. Cases Referred to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul Vs. Mr. C.M. Samsul and the State, 19 DLR (HC) 428; Mirro Vs. Emperor, AIR 1947 All 97; Emperor Vs. Sami Des, AIR 1926 L..Category: Criminal Law | Date: | Hits: 92
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