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Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
.... and 678 of Mouza Chatura, belonged to defendant No 2. Delaney Estate which possessed it in khas. The plaintiff purchased it by a registered kabala dated 1, August 1959, went into possession and made some constructions including pucca boundary pillars. But on 12 August 1963 defendant No. 1, the resp......owed. The judgment and decree of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......e subject-matter of the instant suit. But a Pleader Commissioner, who held a local investigation, submitted a report finding that the lands under both the suits are same and identical. 3. Both the trial Court and the lower Appellate Court concurrently found that the suit land is covered by the de......4. ..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
....ned Magistrate on consideration of the evidence found the respondent guilty under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961 and convicted him and sentenced him to suffer rigorous imprisonment for 5 months and to pay a fine of Tk. 200/- in default to suffer rigorous imprisonment for 1......icle 3 all the Local Councils were dissolved and the persons holding office as Chairman, Vice-Chairman, etc. ceased to hold office and then clause (c) says that henceforth "the Union Council shall be called Union Panchayet". Article 4 authorised that the function of the Union Parishad shall be perÂ...... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is disÂmissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......th her) instrucÂted by Md. Aftab Hossain, Advocate-on-RecoÂrd - For the appellant. Md. Wahidullah, Advocate-on-Record - For the respondent. Criminal Appeal No. 1 of 1982. From the judgment and order dated 10.3.81 passed by the High Court Division in Criminal Revision Case No. 369 of 1979...Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....eted provisions of sub-section 2(A) of section 34 of the Income Tax Act. The assessee is the appellant in Civil Appeal No. 115 of 1981 wherein leave was granted to consider whether the expression 'person' mentioned in sub section (5) of secÂtion 5 of the Income Tax Act was correctly interpreted by ......oceeding taken in conseÂquence of any notice or any assessÂment or re-assessment made under section 2(B) or any other proceeding taken in consequence of any notice issued for that purpose) shall be called in question in any Court, Tribunal or other authority merely on the ground that at the time t......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......ul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Commissioner of Taxes, Chittagong Zone ……………… Appellant (In Civil Appeal No. 114 of 1981) Vs. M/S. M. Ismail and Sons……………………………… Respondent and M/S. M. Ismail and Sons………â€..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....-74 passed by the Munsif, Additional Court, Kishoreganj, in Miscellaneous Case No. 48 of 1974, allowÂing the case under Order IX Rule 13 of the Code of Civil Procedure. 2. Abdul Gani, the predecessor-in-interest of the respondents filed O.C. Suit No. 220 of 1968 in the Additional Court of Munsif......or the aforesaid reasons, the order of the learned Judge of the High Court DiviÂsion is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162........ The appellants then moved this Court for special leave. While granting leave the Court observed; "Mr. M. G. Rabbani, learned Advocate for the petitioners has contended that when it was found by the trial Court that notice of the suit was not served upon the defendants as a result of which the ex p......3) 162...Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....ng under section 145 of the Criminal Procedure Code, He attached the land involÂved, and appointed Circle Officer (Revenue), Chakaria receiver of the same. Written statement was filed by the predecessor of the appellants who denied to have filed any application for drawing up proceeding unÂder sec......visions of the aforesaid two sections of the Code would seem ineviÂtable. For the sake of convenience they are quoted below: "439. (1) In the case of any proÂceeding the record of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledg......on of the revisional jurisdiction is a matter of discretion, that is the revisional jurisdiction of the High Court Division is exercised only for the purpose of relieving persons who has not got fair trial or whose convictions have been arrived at by non-observance of material provisions of the law ...... Appellate Division (Civil Appellate Jurisdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Shafiqur Rahman and others…………………………Appellants Vs. Nurul Islam ChowÂdhury and others…â€..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....igh Court Division allowing a First Appeal against a decree of the trial Court and dismissing the suit brought by the appelÂlants for declaration of their title and for confirmation of possession in some portion of the land in suit, described in Schedule 'A' to the plaint and for recovery of posses......manded to the trial Court for disposal in the light of the observaÂtion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218....... No.28 of 1964) Judgment Debesh Chandra Bhattacharya J.- This appeal by special leave is against a judgment of a Bench of the High Court Division allowing a First Appeal against a decree of the trial Court and dismissing the suit brought by the appelÂlants for declaration of their title and f......appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
.... in situ and had become fit for possession. Babu Rajeswar Choudhury, the then executor of the 10/- annas' share of the Estate of late Bishweshwar Roy Choudhury settled the said lands with the predecessors of plaintiffs 1 to 42 and plaintiff No.45 at an annual rent of Tk. 250/- on the basis of a Kars......iming chars or other lands gained in the manner above described. The Court of Sadar Diwani Adalat, with a view to ascertain the legal proÂvisions of the Muhammadan and Hindu laws on this subject, called for reports from their law officers of each persuasion and on consideration of the reports fu......be no allegation in the plaint relating to accrual of any right of accretion at any stage, requiring the applicaÂtion of section 87 as amended by President's Order Nos. 72 and 137 of 1972 but as the trial Court held that the suit abated in view of the amended section 87, and the learned Judges of t......igh Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....since 10 voters have cast their votes twice that had affected the result of the election materially and directed the re-elecÂtion. The Tribunal had found from the releÂvant ballot papers that 10 persons had cast votes simultaneously in ward Nos. 1 and 3. The voter numbers and ballot-paper numbers ......separate packet with the name of the candidate for whom he wishes to vote. The name of the person apÂplying for such ballot paper and his number of electoral roll is required to be entered in a list called "tendered voters list" (Rule 36). S. A. Rahman, J considered the position of such tendered......e is remanded back to the TribuÂnal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......owed. Cases Referred To- 17 DLR (1965) 444; Niaz Ahmed Vs. Azizuddin, (1967) 19 DLR (SC) 388=PLD 1967 (SC) 466. Lawyers Involved: Ahmed Sobhan, Senior Advocate, with Nurul Islam Chowdhury and M. Fazlul Karim, Advocates, instructed by Aminul Huq, Advocate-on-Record - For the Appellant. ..Category: Election Law | Date: | Hits: 163
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....hat during the C.S. operation the suit ponds were recorded in the name of Bharat Samrat and the names of Gyanoda Prashad Sukul, Chundra Prashad Sukul and Jogodeshwari Debba were recorded as the possessors who had been enjoying the possession thereof on payment of rent to the concerned authority. Aft......nless it has occasioned failure of justice. While exercising any discretion under Order VI Rule 17 of the Code of Civil Procedure the court is required to assign its reasons so that when the order is called in question, the higher Court may be in position to see that there has been application of mi......Khan’s case 11 M.L.A. 468. Result: The judgment and order passed by the High Court Division affirming the judgment and order passed by the learned District Judge is set aside and the order of trial Court allowing amendment is restored. Lawyers Involved: Shaheed Alam, Advocate, instruct......on (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Akram Ali Pk. and others……………….....Petitioners Vs. Md. Yasin Ali and others.......................Category: Procedural Law | Date: | Hits: 100
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....2008 arising out of Shyampur PS Case No.1 dated 1-2-2008 under sections 420/409 of the Penal Code, now pending in the 4th Court of Additional Chief Metropolitan Magistrate, Dhaka, should not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......f any, at the time of taking cognizance as well as framing of charge, when it would be possible to examine investigation materials available in the case dockets. When there are stages open before the trial Court to consider the grounds taken, the application for quashment of the proceeding, being an......w pending in the 4th Court of Additional Chief Metropolitan Magistrate, Dhaka, should not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case we..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....m Chowdhury (Md.)……………………Petitioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rules are made absolute. Cases Referred to- Mohsena Khatun Vs. Habib Knitting Mills, 1997 BLD (AD) 47; Hussain ......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......the Title Suit No.29 of 2003 and 8 of 2004 tried by the Senior Assistant Judge, Parshuram, Feni and heard analogously and disposed of by a single Judgment dated 20-10-2004. 9. During the course of trial the learned Senior Assistant Judge, Parshuram, Feni after examining the evidence on record and......rt High Court Division (Civil Revisional Jurisdiction) Present: SAK Md. Dabirus Shan J Jahangir Alam Chowdhury (Md.)……………………Petitioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rul..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
.... dishonor of 3(three) cheques or in lodging a single petition of complaint, if the demand made in the said notice is not satisfied within the statutory period of 30 days of receiving the notice. He also submits that, all the 3(three) cheques were presented for honour well within time, that is before......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......etropolitan Session Judge, Dhaka wherein it has been registered as Sessions Case No.790 of 2008 and the case was ultimately sent to the learned Joint Metropolitan Sessions Judge, 5th Court, Dhaka for trial. 5. The said transferee Court has framed a charge against the accused-petitioner under sect...... High Court Division (Criminal Revisional Jurisdiction) Present: AKM Asaduzzaman J Md. Rezaul Hasan J Nurun Nabi (Md.)..................Accused-Petitioner Vs. Md. Abu Taher Khan and anr....................Opposite Parties Judgment December 10, 2009. Result: The Rule..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....ase No.51 of 1998 convicting the appellant Khalil @ Md. Khalilur Rahman, Moazzem Hossain and Nurul Islam and others under section 395 of the Penal Code sentencing each of them to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment ......tified in convicting and sentencing the accused appellants under section 395 of the Penal Code. 15. 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......lable on record framed charge against the accused persons under sections 395/412 of the Penal Code and read it over to the accuseds present in open Court to which they pleaded not guilty and demanded trial. 6. The prosecution examined 14 witnesses who are cross-examined by the defence. 7. Afte......Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....out of Pabna PS Case No.9(5)92 corresponding to GR Case No.130 of 1992 convicting the accused appellants under sections 302/34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000 (five thousand) each and in default to suffer ......yamotpur mouza and in the body of FIR, the place of occurrence was shown in the house of Kafiluddin under mouza Hamchapur which is 3(three) miles away from Pargobindapur. P.W.9, Abdul Quddus Khan was called for treatment of victim Nazrul Islam who found the dead body of Nazrul Islam by the side of r......persons. 5. After filing of the charge sheet against the accused, the case record was sent to the learned Sessions Judge, Pabna who transferred the same to the Additional Sessions Judge, Pabna for trial. 6. The learned Additional Sessions Judge, Pabna on the basis of material available on reco...... This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..Category: Criminal Law | Date: | Hits: 66
....hers..................Petitioners
Vs.
Government of Bangladesh and others.........................................Respondents
Judgment
July 29, 2009.
Result:
The Rule is made absolute and the respondents are directed to act as per the direcÂtion made in the body of the judgme......e caused by dislocations of the crust. The crust may first bend and then, when the stress exceeds the strength of the rocks, break and "snap" to a new position. In the process of breaking, vibrations called "seismic waves" are generated. These waves travel outward from the source of the earthquake a......re earthquakes during this century has led to a situation where the policy makers do not perceive seismic risk to be important. The rapid urbanization, development of critical engineering works, industrialization of cities with modern types of buildings and the concentraÂtion of population living o......s also Reported in: 63 DLR (HD) (2011) 71.
..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....ector, having in need of money the Board of Directors of defendant No.1 on 3-10-1989 decided to sell suit property and expressed their desire to that effect, to which, Al-haj Mansur Rahman, predecesÂsor of the plaintiffs agreed to purchase and price was settled at Taka 34,50,000. On 19-3-1990, plai......arge sheet was submitted. Defendant No.2 also filed a cast-under section 145 CrPC being Case No.5877 of 2001 before the Chief Metropolitan Magistrate over which, learned Chief Metropolitan Magistrate called report from Officer-in-Charge, Shyampur Police Station. Officer-in-Charge, Shyampur Police St......aka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants who are plaintiffs, stated in the plaint, that RAJUK plot No.12, Factory Road, Shyarnpur Kadamtali Industrial Area, allotted in defendant No.1, a private limited company under Companies Act vide memo date......se is also Reported in: 63 DLR (HD) (2011) 66...Category: Property Law | Date: | Hits: 78
....elfare Trust and others...........Petitioners
Vs.
Joint District Judge and Artha Rin Adalat & another...............Respondents
Judgment
May 22, 2004.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh represented by the Secretary, Ministry of Public Works a......ll cease to have effect on such commencement and all abandoned properties in custody of any Court, receiver, guardian or other person or persons appointed by it, shall upon delivery of the same being called for by the Government, be delivered to the Government."
7. In the aforecited case consider......udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......rted in: 56 DLR (2004) 641.
..
Category: Property Law | Date: | Hits: 173
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....f the said Act. 2. The prosecution case, in short, is that, on 17‑1‑2003 at 19.30 hours one Shah Alam Molla as informant lodged the first information report with Muladi PS against 9 accused persons including the appellant and 3/4 unknown terrorists, alleging, inter alia, that GR Case No. 24, ......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......the appellant and 3/4 unknown terrorists, alleging, inter alia, that GR Case No. 24, 25 and 02 filed by him previously against the co-accused for dealing blows causing grave injuries were pending for trial. After pressure put on him (informant) to withdraw those cases proved unsuccessful the accused......secution case, in short, is that, on 17‑1‑2003 at 19.30 hours one Shah Alam Molla as informant lodged the first information report with Muladi PS against 9 accused persons including the appellant and 3/4 unknown terrorists, alleging, inter alia, that GR Case No. 24, 25 and 02 filed by him previo..Category: Criminal Law | Date: | Hits: 64
Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
.... Tareq Shamsul Khan alias Himu & others ……………Petitioners Vs. State……………………………Opposite Party Judgment March 30, 2004. Result: The Rule is made absolute. Lawyers Involved: Abdul Baset Majumder, Advocate ‑ For the Accused Petitioners. M...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622.......ses the Rule contending, inter alia, that one of the petitioners, namely, Tareq Shamsul Khan alias Himu only moved as application under section 344 of the Code of Criminal Procedure before the teamed trial Court, but other accusedÂ-petitioners in joint petition moved this criminal revision which pr......– Counter affidavit on behalf of the opposite party State filed in Court may be kept with the record. 2. This Rule was issued, at the instance of accused petitioner Tareq Shamsul Khan alias Himu and three others, calling upon the opposite party to show cause as to why the order, dated 6‑2‑2..Category: Criminal Law | Date: | Hits: 71
Wazir Jahan Begum and another Vs. Government of BanglaÂdesh and others, 2003, 32 CLC (HCD)
....J Wazir Jahan Begum and another…………………Petitioner Vs. Government of BanglaÂdesh and others ............Respondents Judgment October 27, 2003. Result: Rule is made absolute. Case Referred to- Bangladesh House Building Finance Corporation Vs. Jahan Ara Akhtar &......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621.......vocate appearing for the respondents, submits that in view of the power given in section 27 sub‑section 7(D), the District Judge can transfer the case to the Artha Rin Adalat or any other Court for trial. 3. On perusal of the President's Order 7 of 1973 it appears that the District Judge has be...... also Reported in: 56 DLR (2004) 621...Category: Civil Law | Date: | Hits: 81
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