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KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
....h the appellant requested him for being guarantor and on humanitarian ground he signed the concerned loan account as the guarantor. No notice under section 9 was served upon him. The defendant No.3 also filed an additional written statement by denying his signature on guarantee form and after consid......provisions of this Act, if a debtor commits an act of bankruptcy, a plaint may be presented either by one or more eligible creditors or by the debtor and the Court may, on such plaint, make an order, called an order of adjudication, adjudging the debtor a bankrupt." 7. Mr. Khandaker Mahbubuddin A...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......me Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdul Matin J Afzal Hossain Ahmed J KM Akhtaruzzaman........................Appellant Vs. Agrani Bank and others.................Respondents Judgment June 18, 2003. Result: The appeal is all..Category: Civil Law | Date: | Hits: 83
....lready de‑requisitioned the suit land in favour of the plaintiffs and possession was delivered and the Government is not required to take any further steps in the matter.
4. The defendant No.4 also has been contesting the suit by filing a writ ten statement contending, inter alia, that the seco......
JN Deb, Advocate‑For the Petitioner.
Not one appears- For the Opposite Parties.
Civil Revision No. 3699 of 2002.
Judgment
Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why impugned order No.104 dated 10‑6‑2002 passed by the Assistan......uit.
5. The plaintiffs examined 3 P.Ws. and the defendant No.4 examined defendant No.1 in part. At that stage the defendant No.4 filed an application for amendment of the written statement and the trial Court by the impugned order dated 10-6‑2002 allowed the application for amendment of the w......ision
(Civil Revisional Jurisdiction)
Present:
Bijan Kumar Das J
Abul Kashem Al-Asad………………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Land & others...............Opposite Parties
Judgment
June 22, 2004.
Result:
The Rule..
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....1985 fraudulently created a Kabinnama showing her marriage with him for the second time and less amount of dower. They continued to live together as husband and wife as before and she gave birth to a son on 5‑5‑1986. The defendant constructed a building in the suit land by her money and began to......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......ver gifted the suit property to the appellant; that he divorced the appellant on account of her misbehaviour and that the appellant had no right, title and interest in the suit property. 4. During trial of suit the defendant died and his legal heirs were substituted as defendant Nos. 1(ka) to 1(c......ourt High Court Division (Civil Appellate Jurisdiction) Present: SM Dastagir Husain J AKM Fazlur Rahman J Rafia Begum..................... Plaintiff-Appellant Vs. Afroza Bewa and others..............Defendants Respondents Judgment April 20, 2004. Result: The appe..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....alim (Md.)...............................Petitioner Vs. Mafijul Islam Tarafder alias Kalu and others…….......Opposite Parties Judgment April 27, 2004. Result: The Rule is made absolute. Cases Referred to- AIR 1917 Lah 423; AIR 1921 Lah 156, AIR 1930 (All) 600. Lawyers ......se of expeditious disposal subject to the approval of the Learned District Judge and Mr. Sharif Md. Lutfar Rahman, the Senior Assistant Judge, Fulpur received the case record on 2‑11‑1999, as was called for, under his order No.63 and it was re‑numbered as Other Suit No.121 of 1999. On 9‑2‑...... Bainapatra (deed of agreement) dated 30‑1‑1991 for consideration and that the plaintiff has no right, title and possession in the suit land nor he was dispossessed, as alleged. 4. The learned trial Court has been pleased to dismiss the suit on his findings that the Exhibit‑Ka i.e. RoR Khat......urt High Court Division (Civil Revisional Jurisdiction) Present: Abdus Salam Mamun J A Halim (Md.)...............................Petitioner Vs. Mafijul Islam Tarafder alias Kalu and others…….......Opposite Parties Judgment April 27, 2004. Result: The Rule is mad..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....k Rezowan Ali J Shahid Ali (Md.) and others...............Petitioners Vs. Reza Mohammad & others.............Opposite Parties Judgment May 5, 2003. Result: The Rule is made absolute. Cases Referred to- Abdul Baten Vs. Abdul Latif Sheikh and others, 45 DLR (AD) 26; Idri...... not the date of registration of a document that matters. According to the learned Judge, the petitioner had thus no occasion to claim himself as a co-sharer in the case holding by virtue of the so called exchange. He further found that the preemption petition was not barred by limitation nor ba......es a pond, he had been possessing the same by irrigating water therefrom to his contiguous agricultural land. So, according to him, the petition for preemption was liable to be rejected. 5. In the trial Court petitioner examined 2 witnesses including himself. Opposite party No. 1 also examined 2 ...... expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..Category: Property Law | Date: | Hits: 79
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....at in that UD Case he informed the police that due to paralysis of his first wife he got second marriage with the deceased Joyanti Munshi with permission of his first wife, in their wedlock she has a son aged about 2½ years. The marriage of deceased Joyanti with him was her third marriage and she s......d his wife Joyanti Munshi has been hanging from the ceiling fan by a scarf. Thinking that she was alive he with the help of the maids of the house quickly untied her and laid her on the bed. Later he called Dr. Mahbub @ Apu who declared her dead. That on such information the police prepared an inque......rred by Mr. Malek, the learned Advocate of the petitioner which was given in an appeal. In such circumstances we do not find any reason to enlarge the petitioner on bail during the pendency of the trial. In the result, the Rule is hereby discharged and the prayer for bail of the petitioner is her......itan Sessions Judge, Dhaka. 2. The short facts for disposal of the Rule is that, the petitioner's wife deceased Joyanti Munshi alias Joyanti Reza committed suicide by hanging from a fan by a scarf and on his instance a UD Case being UD Case No.2 of 2004 dated 9‑1‑2004 was started in Gulshan P..Category: Criminal Law | Date: | Hits: 96
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....ese Civil Petitions for Leave to Appeal Nos. 620 and 1428 of 2011 arise out of judgment and order dated 19.01.2011 passed by the High Court Division in Writ Petition No.1376 of 2009 making the Rule absolute. 4. The writ petitioner, namely Chaya Developer (Pvt.) Limited filed the writ petition cha......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......g and hence, that order does not suffer from any infirmity and the High Court Division erred in setting aside that order. He further submits that the Additional District Judge, who was entrusted with trial of the Artha Rin suit as Judge-in-charge of the Artha Rin Adalat, Chittagong was competent to ......Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J One Bank Limited…………................Petitioner (In Civil Petition No.620 of 2011) Vs. Chaya Developer (Pvt.) Limited and others................Respondents (In Civil Petition No. 620 of 2011) Chaya Developer (Pvt.)..Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....decree of the trial court. Thereupon the defendant moved the High Court Division in Civil Revision No.414 of 1999. A Division Bench of the High Court Division by the impugned judgment made the rule absolute by reversing those of the courts below and dismissed the suit. 5. Mr. Mahbubey Alam, the l......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......est money was paid to the defendant by the plaintiffs as alleged and that the deed of contract for sale is a forged one. The plaintiffs are "not in possession of the suit land as alleged. 4. The trial court on consideration of the evidence on record decreed the suit. On appeal from the said jud......ion (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Khokan Chandra Mondal and another........................Appellants Vs. Nanda Lal Mridha and another.....Category: Civil Law | Date: | Hits: 55
....ere cousins, were the owners of schedule-1 and 2 land. Khirode Chandra Dey died unmarried and consequently his father Purna Chandra became the owner of the share of Khirode Chandra Dey. Purna Chandra sold his share to Hasmat Ali in 1941. Subsequently Purna Chandra took settlement of 1.59½ acres lan...... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
......o in turn, settled 1.59½ acres of land with Purna Chandra on 17.11.1942. The plaintiffs father Akhil settled .40 acre of land with Hasmat Ali and thus he is entitled to 1.60 acres of land.
6. The trial court, on consideration of the evidence and materials on record, found that the defendant No.1......ana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Muhammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Roy Mohan Dey ........................................Appellant
Vs.
Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others........................................
Category: Property Law | Date: | Hits: 49
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
.... against the judgment and order dated 20.04.2008 passed by a Division Bench of the High Court Division in Death Reference No.85 of 2004 with Jail Appeal No.578 of 2004 accepting the Reference in part so far as it relates to condemned-prisoner Dipak Datta Bhola and dismissing the jail appeal. 2. T......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......olice after investigation of the case submitted charge-sheet against seventeen accused persons of whom Azimuddin Mahmud, Elahijan and Paritosh Rakkhit were absconding. The accused persons were put on trial in the Druto Bichar Tribunal, Chittagong, wherein charge under sections 120B/302/201/34 of the......ted. Lawyers Involved: Md. Helaluddin Mollah, Advocate - For the Petitioners. Md. Shohrowardi, Deputy Attorney General - For Respondent. Jail Petition No. 17 of 2008 (From the judgment and order dated 20th April, 2008 passed by the High Court Division in Death Reference No.85 of 2004 ..Category: Criminal Law | Date: | Hits: 68
Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)
.... (hereinafter referred to as the deceased) along with his friend Tarek arrived in front of the shop of Babul Das on Chatteshwary Road, Chittagong, by Baby Taxi, two other Baby Taxis of the accused persons came from behind and obstructed the Baby Taxi of the deceased. The accused persons inflicted mu......statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......cused persons, namely Monjur Ahmed alias Manju, Ratan Sikder alias Ratannya, Zahedul Islam, Antu Barua alias Anup Barua, Sattgajit alias Haripada Pal, Sayed Nur, Rezwan alias Rezu and Molon Das stand trial for commission of offences punishable under sections 325/302/307/34 of the Penal Code. 4. H......ent: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ratan Sikder alias Ratinnya alias Ratan Das and another.................. Petitioners Vs. The State... .............................Respon..Category: Criminal Law | Date: | Hits: 77
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....peal. 3. The relevant facts of the case are as follows: The informant Nurul Amin lodged a First Information Report (FIR) on 13.11.1998 with Comilla Kotwali P.S. alleging that on 12.11.1998 his son, victim Jamal Hossain, who was a rickshaw puller, deposited his rickshaw in the garage of its ow......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......itional Sessions Judge, 4th Court, Comilla convicted absconding accused Morshed Alam and other accused namely Edu Mia, Ratan Mia, Alamgir Hossian (petitioner) and Babul Mia (petitioner) who faced the trial under sections 302/34 of the Penal Code and sentenced said Morshed Alam to death while the oth...... Lawyers Involved: Zainul Abedin, Advocate on Record - For the Petitioner (In both the cases). No one - For Respondents (In both the cases). Criminal Petition for Leave to Appeal Nos. 348 and 349 of 2009. (From the judgment and order dated 20th January, 2009 passed by the High Court D..Category: Criminal Law | Date: | Hits: 70
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....d 302/109 of the Penal Code. The learned Additional Sessions Judge found the appellant and co-accused Gopal Karmaker guilty under sections 302/109 of the Penal Code and sentenced each of them to imprisonment for life with a fine of Tk.5,000/= in default, to suffer rigorous imprisonment for two years......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......ellant, lodged an FIR with the Rawjan Police Station on the same day at about 8.30 p.m. against the appellant and two others. On the basis of a police report, the appellant and two others were put on trial before the learned Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case N......For the Appellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin Ahmed, Advocate on Record - For the Respondent. Criminal Appeal No. 21 of 2010. (From the judgment and order dated 2.2.2009 passed by the High Court Division in Criminal Appeal No.588 of 1989.) Ju..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....ha J Nurul Hossain Khan (Md.)……………Defendant Petitioner Vs. Salenoor Begum………………Plaintiff Opposite Party Judgment June 26, 1997. Result: The Rule is made absolute. Case Referred to- Abdul Malek Miah Vs. Maya Debi and others, 1984 BCR (AD) 42. Lawy......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......os.7 of 1992 and 4 of 1992 before the House Rent Controller praying for depositing rent in the Court and for a direction upon the plaintiff to grant him receipts against payment of rent. 4. At the trial plaintiff examined one witness and the contesting defendant examined one witness in support of......oner Vs. Salenoor Begum………………Plaintiff Opposite Party Judgment June 26, 1997. Result: The Rule is made absolute. Case Referred to- Abdul Malek Miah Vs. Maya Debi and others, 1984 BCR (AD) 42. Lawyers Involved: Shahid Ahmed, Advocate - For the Petitioner. ..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....upon him alleging, inter alia, that the suit land measuring 21 decimals in CS Plot No.923 under CS Khatian No.28 of mouza Balupari, PS Kotwali, District Dinajpur belonged to Bibi Kaniz Fatema and her son Chowdhury Shafi Ahmed and it was a fallow land; as a shelterless man he was in search of an acco......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......7 of 1987. The learned Subordinate Judge, who heard the appeal, was pleased by the impugned judgement dated 1-9-90 to allow the appeal and set aside the judgment and decree dated 1-7-87 passed by the trial Court. Against this judgment dated 1-9-90 the defendant-petitioner moved this Court and obtain......s. Abdus Sattar being dead his heir Momtaz Begum……………………….Opposite Party Judgment June 15, 1997. Result: The Rule is discharged. Cases Referred to- Golam Kader and others Vs. Abdul Khaleque Chowdhury and others, 43 DLR (AD) 107; Noor Banu Vs. Noor Mohammad and..Category: Property Law | Date: | Hits: 62
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....s informant on 25-6-1992 lodged FIR with Feni Police Station alleging that on the same day while the informant and her mother went to their paddy field with labourers to cultivate the land accused-persons named in the FIR who were armed with iron-rod, lathi, bamboo stick, etc. attacked the informant......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......etitioner No.3 also outraged the modesty of the informant. Police on receipt of the FIR took up investigation of the case and ultimately submitted charge-sheet and the petitioners were then placed on trial before the learned Magistrate, Second Class, Feni where seven witnesses have been examined fro......ed in: 50 DLR (HCD) (1998) 19. ..Category: Criminal Law | Date: | Hits: 83
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
....sion (Criminal Appellate Jurisdiction) Present: Mohammad Gholam Rabbani J Md. Nurul Islam J State…………………Petitioner Vs. Abul Hashem………………….Condemned Prisoner Judgment November 10, 1997. Result: Death References are rejected. Case Refer...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......ith Jail Appeal No.1944 of 1992. Judgment Mohammad Gholam Rabbani J.- Accused (1) Abul Kashem, (2) Abdul Malek, (3) Majid, (4) Harun-or-Rashid and (5) Jamaluddin (absconding) were placed on trial before the Court of Sessions Judge, Mymensingh, in Sessions Case No.102 of 1992. They were cha...... with Jail Appeal No.1831 of 1992 with Jail Appeal No.1944 of 1992. Judgment Mohammad Gholam Rabbani J.- Accused (1) Abul Kashem, (2) Abdul Malek, (3) Majid, (4) Harun-or-Rashid and (5) Jamaluddin (absconding) were placed on trial before the Court of Sessions Judge, Mymensingh,..Category: Criminal Law | Date: | Hits: 66
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....ffs‑petitioners instituted the above suit in the Court of the Assistant Judge, Matlob Upazila within the district of Chandpur praying for permanent injunction against the defendant opposite parties so that defendant No.1 through the disputed LA Case No.4/87‑88 cannot acquire plaintiff’s ‘Kha......reason stated above, I am of the view that there is no illegality in the impugned order of the learned Subordinate Judge and the same has not occasioned any failure of justice. Hence, no inference is called for by this Court in Revision. In the result, the Rule is accordingly discharged without a...... action taken under the said Ordinance is mala fide, unlawful or without jurisdiction. Next, Mr. Haque contends that the learned Subordinate Judge has rightly found that the judgment and order of the trial Court in the matter of temporary injunction is illegal and without jurisdiction due to the bar......dgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....ner is the defendant in the aforesaid suit instituted by the opposite party as plaintiff for declaration of his title and interest to the extent of 8 annas share in ‘Ka’ Schedule properties and also for a preliminary decree for rendering accounts in various items as mentioned in the suit schedul......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......d appeal before the learned District Judge, Rangpur and this Appeal No.112 of 1985 was heard by Additional District Judge, Rangpur who on reappraisal of the evidence concurred with the finding of the trial Court and dismissed the appeal holding that the learned Subordinate Judge correctly held that ......………………..Petitioner Vs. Dr. Islamuddin…………………..Opposite Party Judgment August 27, 1992. Result: The Rule is discharged. Cases Referred to- Mohori Bibi and another and Dhurmadas Ghose, Indian Appeals Vol. 30 page 115; Jasimuddin Khan Vs. Md. Ali Ashraf..Category: Property Law | Date: | Hits: 74
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
.... Tozammel Hossain………………………Petitioner Vs. Fatema Khatun and others………………………Opposite Parties Judgment February 11, 1991. Result: The Rule is made absolute. Cases Referred to- Mir Delwar Hossain Vs. Mirza Joynal Abedin Mokhtar, 29 DLR 214; Abd......as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......ever, was dismissed by the learned Subordinate Judge leading to filing Second Appeal No.68 of 1969 in the High Court of Dhaka. The learned Judge allowed the Second Appeal and remitted the suit to the trial Court for disposal according to law. 3. The opposite‑party No.1 before me instituted Titl......93) 697. ..Category: Property Law | Date: | Hits: 49
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