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Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....€‘sharer by purchase or a holder of contiguous land shall have to file a pre‑emption application within a specific period of time. By not doing so the pre‑emptee, Idris Mia, had simply waived his right to pre‑empt the case land. 11. At the time of the hearing of this revision petition the l......n 26.10.79 by the Subordinate Judge, Sylhet, in Misc. Appeal No.181 of 1977, affirming the order dated 18.3.77 of the Munsif, Second Court, Sylhet, in Misc. Case No.148 of 73, allowing an application for pre‑emption under section 96 of the State Acquisition and Tenancy Act, should not be set aside......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......o be dismissed and an omission to record a finding to this affect in such a circumstance cannot be a ground for dismissal of the pre‑emption case. 17. In the written statement filed before the trial Court and in the appeal before the lower Appellate Court no specific allegation has been made ..Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....the aforesaid Title Suit No.226 of 1985 for declaration of title and recovery of khas possession on the averment that the suit plot along with other lands originally belonged to Budhu Majhi in rayati right and his name was correctly recorded in CS Khatian. Budhu Majhi sold the suit plot along with o......ainst an order passed by him on 16.8.89 allowing amendment of the plaint on the petition filed by the plaintiff. 2. Short facts relevant is, that the opposite party being plaintiff instituted the aforesaid Title Suit No.226 of 1985 for declaration of title and recovery of khas possession on the a......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123....... measuring an area of 1.97 acres converted into SA Plot No.17 and was recorded in the name of Haji Maran Ali Bepari vendor of the plaintiff. 4. Plaintiff opposite party filed an application in the trial Court under Order 6 rule 17 of the Code of Civil Procedure on 3.8.89 for amendment of the plai..Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....Chairman of the said Union Parishad. 4. The petitioner denied the allegations made in the election petition and claimed that the election was free, fair and peaceful and the voters exercised their right of voting freely. He further pleaded that the new centre at Khanebari was opened in accordance......r of votes i.e. 5896 votes. After the publication of the result in the Bangladesh Gazette on 20.5.88 Opposite Party No.1 presented an election petition marked as Election Tribunal Case No.3 of 1988 before the Election Tribunal (Assistant Judge) Daudkandi Upazila praying for declarations, inter alia,......he centres and took away ballot papers from the officers conducting the election and put seals against the mark "Plough" which was the symbol of the petitioner; that as a result there was no free and fair election at the centres but the petitioner was illegally declared to have been elected as Chair......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ...... the Special Tribunal Judge, Court No. 10, Dhaka in Special Tribunal Case No. 255 of 1991 convicting the appellant under section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 years. 2. Prosecution case as made out by the informant P.W.1 Md. Abed Ali, SI of Police, ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......ound at the instance of any party should be allowed to inconvenience witnesses. After the amendment of the Code of Criminal Procedure by adding section 339B the Court is competent to proceed with the trial in the absence of any accused person who is either absconding or absenting after his productio..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....d in anticipation of arrest in non-bailable cases, but that does not mean that the regular Court, which is to try the offender, is sought to be bypassed and that is the reason why the High Court very rightly fixed the outer date for the continuance of the bail and on the date of its expiry directed ......ucted by Sufia Khatun, Advocate-on-Record—For the Petitioner. Bivash Chandra Biswas, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-70. Criminal Petition for Leave to Appeal No. 350 of 2010. (From the Judgment and order dated 8-6-2010 passed by the Hi......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......of Lala Jairam Das Vs. King Emperor 72 IA 121 (19944-45) held in this respect: "The scheme of Chapter XXXIX is that sections 496 and 497, provide for the granting of bail to accused persons before trial, and the order sections of the Chapter deal with matters ancillary or subsidiary to that provi..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....ations and averments in the plaint and also denied the oral agreement for reconveying the suit land asserting that "transfer was out and out a sale. ÂThe defendant possessed the suit land on his own right after mutation of his name in the land lord’s Sherista. The plaintiffs filed the suit on fal......it No. 339 of 1970 decreeing the suit on contest. 2. The short facts which has given rise to the rule are as follows: The opposite parties as plaintiffs, brought the Title Suit, No. 339 of 1970 for Specific Performance of Contract for the reconveyance of the suit land in the 1st Court of Munsi......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
.... Code does not in terms lay down as to Who can be a party to an appeal. But it is clear and this fact arises from the very basis of appeals, that only a 'party against whom, a decision is given has a right to prefer an appeal. 6. Even in England the position is same. But it is recognised that a p......r 8 annas share in the disputed land to the plaintiff by two registered kabalas dated 10.4 .52 which he purchased in the benami of his son Haripada Parial, the defendant No. 3, with his own money and for his own benefit and possessed the suit land without partition by metes and bounds. The plaintiff......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181....... allowed the appeal on the ground that the Trial Court decreed the suit during the war of liberation and the decree was hit by Bangladesh Legal Proceedings Order, 1972 and remanded the suit for fresh trial with a direction to issue summons upon the defendant No. 2 the only heir of the deceased Nirod..Category: Property Law | Date: | Hits: 69
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168....... 2. Short facts leading to the rule are: The petitioners as plaintiffs instituted a suit bearing OC Suit No. 384 of 1976 on 3.8.76 in the Court of Munsif, Sadar, Mymensingh against the defendants for a declaration that the plaintiffs are the 16 annas owners of the suit property described in the ......ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168.......led the petition at a belated stage on the date of hearing of the suit when hazira of the witnesses were filed on behalf of the plaintiff‑petitioners; only to cause delay in disposal of the suit on trial and harassment to the plaintiff‑petitioners. The learned Advocate has further pointed out th..Category: Procedural Law | Date: | Hits: 102
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....eing armed with ramdao, katra, lathi etc. came out of the pagar and attacked deceased Asak Ali, Appellant Kadu struck Asak Ali with katra on his left chest, appellant Sadu dealt a ram dao blow on the right side of his neck, appellant Sunill dealt a katra blow on the right side of his chest and appel......is directed against the judgment and order dated 10.8.77 passed by the Additional Sessions Judge, 1st Court, Mymensingh, in Sessions Case No. 22 of 1976 convicting the 4 (four) accused‑ appellants, for the offence punishable under sections 302/34 of the Penal Code and sentencing each of them there......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......Siddique, Magistrate 1st Class, Netrokona held an enquiry under Chapter XVIII of the Code of Criminal Procedure (since repealed) and he committed the appellants to the Court of Session to stand their trial for the offence under sections 302/34 of the Penal Code. The accused‑appellants were put on ..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....2 amended the plaint and sought for enforcement of the bainapatra, against the defendant No. 1 in respect of his share only i.e. 0.12 acres of land. Thus, whether the plaintiff has acquired any legal right on the share of defendant No. 2 on the basis of exhibit‑ I is not the subject matter of the ................................Petitioner Vs. Brajalal Nath & others..........................Opposite Party. Judgment June 1, 1989. Lawyers Involved: Mihir Kanti Majumder, Advocate, for Shahabuddin Ahmad, Advocate ‑ For the Petitioner. Not represented ‑ the Opposite Party. ......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......at the defendant No. 2 at the relevant time had not been in Bangladesh and he did not execute any bainapatra in favour of the plaintiff and he also did not file any solenama in the suit. 5. At the trial the plaintiff examined 6 witnesses including the plaintiff herself as PW 1 and the defendant e..Category: Property Law | Date: | Hits: 64
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......arty who is the General Secretary of the Workers Union of the said Mills filed Criminal Case No. 97 of 1988 under sections 54 and 55 of the Industrial Relations Ordinance, 1969 against the petitioner for violation of various clauses of the agreements dated 19.3.1989, 26.4.1983, 3.5.1986, 3.3.1988 an......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......re stating, inter alia, that the complainant opposite party who is the General Secretary of the Workers Union of the said Mills filed Criminal Case No. 97 of 1988 under sections 54 and 55 of the Industrial Relations Ordinance, 1969 against the petitioner for violation of various clauses of the agree..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
.... such the impugned judgment and order passed by the High Court Division is liable to be set aside. He then submits that all the P.Ws. of Money Suit No.2 of 2005 filed by the plaintiff-petitioner are frightened to depose at Dhaka since the activists of the defendants-respondents have created a panick......tha, AIR 1953 Ori 46. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Mazibar Rahman, Advocate-On-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 80 of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for......ds" some of which are, namely, balance of convenience of the parties, bias in a Judge causing reasonable apprehension of not getting justice, embarrassment of the Court, environment not congenial to fair trial, common question of law and facts raised in the suits, a question of interpretation of la......ome of which are, namely, balance of convenience of the parties, bias in a Judge causing reasonable apprehension of not getting justice, embarrassment of the Court, environment not congenial to fair trial, common question of law and facts raised in the suits, a question of interpretation of law and..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ...... High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......of 2004). Judgment Nazmun Ara Sultana J.- This appeal, by leave, it the instance of accused Sohel @ Sanaullah @ Sohel Sanaullah is against the order of sending beck the case on remand for fresh trial from the stage of examination of accused under section 342 of the Code of Criminal Procedure m..Category: Criminal Law | Date: | Hits: 84
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......in Criminal Appeal No.123 of 1989). Judgment Surendra Kumar Sinha J. - This appeal arose out of the folÂlowing facts: 2. Respondents along with Keramat Ali and Azmat Ali were put on trial before the learned Sessions Judge, Jamalpur in Sessions Case No.41 of 1988 to face charge under sectio......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......ivision in Criminal Appeal No.123 of 1989). Judgment Surendra Kumar Sinha J. - This appeal arose out of the folÂlowing facts: 2. Respondents along with Keramat Ali and Azmat Ali were put on trial before the learned Sessions Judge, Jamalpur in Sessions Case No.41 of 1988 to face charge unde..Category: Criminal Law | Date: | Hits: 90
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......lainant Din Islam filed a petition of complaint in the Court of Upazila magistrate, Sirajdikhan on 4.10.86 to the effect that the accused petitioners and one Habibun Nessa on 19.9.86 at about 7/8 A.M forming an unlawful assembly entered into his house forcibly and dismantled the hut and took away th......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....er 39 rule 4 of the Code of Civil Procedure has no application. He has next submitted that the learned District Judge having passed the order of temporary injunction the learned Subordinate Judge has rightly held the view that he has no jurisdiction to change it under Order 39 rule 4 and section 151......e 4 and section 151 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted the suit in the said Court of Subordinate Judge against the opposite party Nos. 2‑17 as defendants for a declaration that the decree obtained by the original defendant No. 1 Imanuddin Rari (since dec......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......o. 376 of 1963 challenging the decree passed in Title Suit No. 449 of 1961 and lost tip to the Supreme Court and therefore the present suit was barred principle of res judicata.. His further case was trial defendant No. 1 had valid title and possession over the suit land and he acquired it from defe..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....he plaintiff in her plaint as well as in her deposition to the effect that there had been a contract for sale of the disputed land on 12.10.59 in consideration of Tk. 600/‑, the Appellate Court had rightly dismissed the suit in view of the fact that the plaintiff's alleged contract dated 12.10.59 ......ndant‑opposite party Bank and thereby reversing the judgment and decree dated 27.8.76 passed by Mr. MM Ruhul Amin, Munsif, 3rd Court Comilla decreeing the Title Suit No. 359 of 1974 in part, a suit for Specific Performance of Contract, to the extent 0 0.05‑1/4 acre out of 0.06‑1/2 acre of the ...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......itle Suit No. 242 of 1977. The short facts of the case, in brief, are: 2. The opposite party No. 1 as plaintiff filed title suit No. 242 of 1977 in the First Court of Munsif, Kushfia with a prayer for ejectment of the defendant petitioners alleging, inter alia, that the plaintiff's father purchas......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......The grounds which the learned Advocate has taken now with regard to the jurisdiction of the ordinary Civil Court and maintainability of the suit was not taken and such objection was not raised at the trial stage or even thereafter during appeal. So the question arises whether the learned Advocate is..Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......ates ‑ For the Opposite Party. Civil Revision No. 538 of 1990 with Civil Revision No. 539 of 1990. Judgment Mahmudul Amin Chowdhury J.- These two applications are taken up together for hearing as they relate to the same matter. 2. The petitioner in these two revisional applicat......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....owing the judgment-debtor to pay the decreetal amount by installments in failing to consider that the property had already been sold in auction to the appellant and thereby he had acquired a valuable right in the said property, which right could not be taken away without affording him an opportunity......High Court Division in Writ Petition No. 5085 of 2008 arising out of Artha Jari Case No. 153 of 2007 pending in the Court of Artha Rin Adalat Court No.1, Chittagong (the Adalat). 2. Facts relevant for the disposal of this appeal are that the respondent No.2 instituted Artha Rin suit No.66 of 2006......1814) 5 PC 221 Sir Barnes Peacock has clearly stated the principle thus: "Where it would be practically unjust to give a remedy, either because the party has, by his conduct, done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he has, thou......able settlement for payment of outÂstanding dues under the Ain of 2003 can be effected in these stages of a proceedings: the first stage is provided in sections 21 and 22 which can be done at the pretrial stage and the procedure is provided in section 24, second stage is under section 38 after pass..Category: Civil Law | Date: | Hits: 113
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