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Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....d 25-2-95 and, as such, the Court below has committed an error of law in impleading the 3rd party as defendant No.3 in the suit and thereby resulted in an error in the decision occasioning failure of justice. The learned Advocate further submits that in a suit for specific performance of contract on......ate Judge Court, Dhaka in title suit No.62 of 1991 wherein the seamed Court has added 3rd party as defendant No.3 in the suit and passed order for amendment of plaint and correction of suit register, accordingly, under Order I, rule 10(2) of the Code of Civil Procedure. 2. The plaintiff-opposite ...... Ali and another…………..Petitioners Vs. Monwara Hospital & others..........Opposite Parties Judgment August 21, 1997. Result: The Rule is made absolute. Cases Referred to- 43 DLR (AD) 107; 43 DLR (AD) 160. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad,...... filed a written objection denying all the material allegations made in the application for addition of party and contended, inter alia, that the petition for addition of party is not maintainable in law, and it is hit by doctrine of lis pendens under section 52 of the Transfer of Property Act, and ..Category: Procedural Law | Date: | Hits: 121
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....which is under challenge before us. 5. Mr. Rais Uddin Ahmed, the learned AdvoÂcate appearing for the petitioner submits that the Executing Court committed an error of law occaÂsioning failure of justice in rejecting the objections of the petitioner simply on the ground that the award given by t......ule 11 was rejected. The petitioner moved this Court section 115 of the Code which was rejected as CO No.4160 of 2000 and ultimately on 13-8-2000 the application was not pressed by the petitioner and accordingly it was rejected by this Court as being not pressed. 3. Miscellaneous Case No.9 of 199......¦â€¦Petitioner Vs. Abdul Aziz and others………………………………Opposite Parties Judgment December 6 & 8, 2005. Result: The Rule is made absolute. Cases Referred to- Mac Foy Vs. United Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DL......sent petitioner filed reply taking a number of grounds and contented that the execution case in it's present form and manner is not maintainable among other as the decree is a nulÂlity in the eye of law. However, that objection was rejected by the Executing Court. Warrant of arrest was issued again..Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ...... was thrown is between one and one and a half miles away from the house of appellant Gofran. In cross examination P.W.4 states that he worked against appellant Gofran during the last election. P.W.4, according to his own statement, did not see the initial assaults on Waliullah and claims to have see......, Giasuddin and Abdus Sattar as if the suit has been filed afresh there and respectively under sections 302/34 of the Penal Code proceed in accordance with law and sentencing each of them there under to suffer imprisonment for life and to pay a fine of Taka 1,000.00 each, in default, to suffer RI fo......m and Mintu and also appellants Abdul Gofran, Giasuddin and Abdus Sattar as if the suit has been filed afresh there and respectively under sections 302/34 of the Penal Code proceed in accordance with law and sentencing each of them there under to suffer imprisonment for life and to pay a fine of Tak..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......idity of the settlement as alleged to have been given to them. 10. Defendant also took the plea that the plaintiffs are not real tenants and cultivators to give settlement of the suit land to them according to the. Government policy. Trial Court found that the settlement was not complete since no......r ……................Petitioner Vs. Abdullah and others....………………Respondents Judgment February 17, 1998. Result: The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors, 23 DLR 203; Benzir Ahmed Vs. D...... by the aforesaid impugned orders. 12. The suit land is, no doubt, char land and agricultural in nature which invokes sections 76 and 81 of the State Acquisition and Tenancy Act being the relevant law for the purpose of settlement of the suit land by way of lease. Section 81(b) has been incorpora..Category: Property Law | Date: | Hits: 105
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......nt Judgment June 2, 1998. Result: The appeal is dismissed with the modification. Lawyers Involved: Shaukat Ali Khan, Advocate — For the Appellant. Syed Abu Kowser, Assistant Attorney-General — For the State. Criminal Appeal No.431 of 1993. Judgment Mohammad Gholam ...... J.- Aleya Begum (P.W.1) came to the local Police Station on 11-6-91 at 2-15 PM and lodged the FIR stating that an ox owned by Maniruddin Matabbar entered into the jute field of her eldest brother-in-law Sadak Molla and started damaging the jute crop whereupon Sadek went to the field, caught hold of..Category: Criminal Law | Date: | Hits: 108
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......etected that 0.09 acre of land out of aforesaid 0.60 acre of land has already been acquired in an earlier LA Case No.15 of 19 19-20 so there remained only 0.51 acres of land in the aforesaid plot and accordingly corrected notice in LA Case No.41 of 1964-65 was served but unfortunately, by mistake th......y 19, 1998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. Md. Altaf Hossain Khan, Deputy Attorney General with FKM Ahsan Mahbub, Assistant Attorney-General — For the Respondents. Writ......o.DA-37/80/681-Acqiun dated 27-10-86 (Annexure-G), the notice dated 2-9-87 (Annexure-H) and the notice dated 24-10-87 (Annexure-J) to the petition should not be declared to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties w..Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....of the Code of Civil Procedure that the application for stay ought to be made in the execution case itself and as such, the impugned order does not suffer from any error of law occasioning failure of justice. Order 21 rule 29 of the Code of Civil Procedure reads as under: “Where a suit is pendi......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......ssain ………........Petitioner Vs. Aminul Haque and others………………. Opposite Parties Judgment May 4, 1999. Result: The impugned order is set aside. Cases Referred to- Sunahar Ali Vs. Akuali, PLD 1957 (Dhaka) 603; Narsidas Nathubhai Vohra Vs. Manharsingh Agarsi......2 of 1993 pending in the First Court of Additional Judge, Sadar Chittagong. 3. Abdul Momen Chowdhury, the learned Advocate appearing for the petitioner, has submitted that the Court below erred in law in rejecting the application under Order 21 rule 29 read with section 151 of the Code of Civil P..Category: Procedural Law | Date: | Hits: 178
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......r. The aforesaid suit is for specific performance of contract of sale of the suit land. The petitioner has alleged in the plaint that the predecessor-in-interest of the defendant-opposite party Nos.1 to 4 entered into an agreement of sale dated 20-3-1974 in respect of the suit land and on receipt of......additional written statement without assigning any reason. 5. The question that has arisen in the facts and circumstances of the case is, as to whether the trial Court has acted in accordance with law in accepting the additional written statement. Order 8 rule 9 of the Code of Civil Procedure dea..Category: Procedural Law | Date: | Hits: 148
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....r for setting aside the ex-parte decree as the petitioner cannot approbate and reprobate at the same time. It further appears that the learned Assistant Judge set aside the impugned order for ends of justice and also to give the opposite party an opportunity to contest the original suit after the na......on was allowed and the name of the defendant Nos.2 and 3 i.e. the Deputy Commissioner and Superintendent of Police. Comilla were struck off and subsequently a date was fixed for ex-parte disposal and accordingly, it was decreed ex parte on 10-6-97. The opposite party thereafter filed Miscellaneous C...... (Md.)………..............Petitioner Vs. Waziullah………...........Opposite Party Judgment July 8, 1998. Result: The Rule is discharged. Cases Referred to- Purvada Satyanarayan Amurthy Vs. Gadeppalli Sundara Rao, AIR 1938 (Madras) 603. Lawy......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418...Category: Procedural Law | Date: | Hits: 131
....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......tial area (Road 15A) in the city of Dhaka, belonged to defendant No.1 Md. Yousuf, who, being in urgent need of money, proposed to sell the property to the plaintiff for a sum of Taka 12,00,000.00 and accordingly, an agreement was executed by the defendant on 30-7-79 on receipt of taka one lac as ear......dul Karim J
Md. Ali Asgar Khan J
Yousuf (Md.)…….......Appellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is dismissed without any order as to costs.
Cases Referr......contract. Against this judgment and decree, defendant No.1 has preferred this appeal.
4. Mr. MI Farooqui, learned Advocate for defendant No.1 appellant, has submitted that the Court below erred in law in not holding that the suit was not properly constituted because the Government, though a neces..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....here they are pending as if the OrdiÂnance had not come into force and as such the learned District Judge has committed an error of law resultÂing in an error in the decision occasioning failure of justice by passing the impugned order of transfer of the pending suits in question. Mr. Mashi-Ul-Isl......ion to the extent of Taka 6,000/- and 10,000/- only, but during the pendency of the suit the pecuniary jurisdiction of the Munsifs now AsÂsistant Judge's was enhanced upto Taka 20,000/- and 50,000/- according to the location of the Assistant Judges Courts by the Civil Courts (Amendment) OrÂdinance......: Muhammad Ansar Ali J Ebadat Ali...................Petitioner Vs. Ismail Hossain Akhond & others.......................Opposite Party Judgment April 27, 1989. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and AppelÂlate Election Tribunal, Bhola and ors, 38 DL......aforesaid order of transfer of the said suits, the petitioners filed the revisional applications in this Court and obtained the present rules. 6. In these Rules a very important common question of law is involved. The question is whether in view of section 5 of the Civil Courts (AmendÂment) Ordi..Category: Procedural Law | Date: | Hits: 152
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......6. Writ Petition No. 488 of 1988. Judgment Mustafa Kamal J.- This Rule Nisi obÂtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 13.1.88 Annexure B passed by the Upazilla Nirbahi Officer, r...... respondent No.6 Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, UpazilÂla Debhata, District Satkhira shall not be declared to have been passed without lawful authority and as to why the election of Chairman held on 10.2.88 at the said Union Parishad s..Category: Election Law | Date: | Hits: 220
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sumÂmarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ...... prosecution then at least has two alternatives before them for praying for further investigation. Under subÂ-section (6) of section 167 Cr.P.C the prosecution may pray before the Sessions Judge for according permisÂsion to continue further investigation of the offence or within six months of the ......Mahmudul Amin Chowdhury J Anwar Hossain Maji (Md.) & others.............Petitioners Vs. The State………………………………………………..Opposite Party Judgment October 26, 1988. Result: The application is sumÂmarily rejected. Lawyers Involved: ABM N......lam, the learned AdvoÂcate appearing for the petitioners submits that the orÂder of the learned Sessions Judge passed on 14.3.88 extending the period of investigation upto 17.2.88 is illegal as the law does not authorise the Sessions Judge under sub-section 6 of section 167 Cr.P.C to extend the pe..Category: Procedural Law | Date: | Hits: 127
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ore me. I affirm the judgment and decree of the lower apÂpellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......ore me. I affirm the judgment and decree of the lower apÂpellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408...................Petitioners Vs. Abdul Alim……………………………..................Opposite Party Judgment December 12, 1988. Result: The Rule is discharged Cases Referred to- Ahmed Miaji and others Vs. Eakub Ali and others, 12 DLR 708; Muhammad Muzaffar Khan Vs. Muham...... that the land being ejmali property and other co-sharers being in possession jointly with the plaintiff-opposite party the decree for permanent inÂjunction for the entire land is not sustainable in law as because a co-sharer cannot deprive other co-sharers from enjoyment of the property and, the p..Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Appellant Vs. Monowara Begum (Mst.)........................Respondent Judgment March 28, 1989. Result: The appeal is dismissed Cases Referred to- Miaruddin Bhuiyah alias Chand Mia Vs. Saleh Meher Bibi and others 11 DLR 445; Shamshad Ali Sh......and possessed by the defendant No.1. 5. Mr. Md. Abdus Sobhan, the learned AdvoÂcate appearing on behalf of the appellant, submits that the learned Subordinate Judge committed a seriÂous error of law in not taking into consideration the intrinsic ingredients of heba namely, offer, accepÂtance a..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....ittal on the basis of the same evidence discussed above. We also think that it is a fit case in which we should exercise our power under section 561A of the Code of Criminal Procedure for the ends of justice. So, we find that the prosecution has hopelessly failed to prove its case against the convic......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......dated 15.7.86 passed by the Sessions Judge, Gazipur in Sessions Case No.167 of 1985 convicting appellant Hafizuddin and another under section 304 Part II of the Penal Code and sentencing each of them to rigorous impriÂsonment for 10 years. 2. The prosecution case, in short, is that on the night ......reupon Daroga did not take ejahar and went to the place of occurrence instead. He has further stated that at the time of lodging of the ejahar, Hakim Sikder's wife, five daughters, four sons, sons-in-law were present. It has also been brought out in the cross-examination of this witness that the Cha..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
.... has been unreaÂsonable and inordinate delay in holding the trial of this case and consequently the petitioners have been subjected to under harassment and hence the petitionÂers in the interest of justice should be enlarged on bail. 13. It may be observed that delay by itself in holding a tria......Case No.3 of 1987 dated 8.11.87 under sections 147/148/447/324/325/114/326/302/34 of the Penal Code. 2. The facts relevant for the disposal of the Rule may be briefly stated as follows: 3. That according to the prosecution, there is a Civil litigation between the informant Shahidul, son of Haj......us Case No.16 of 1988. Judgment Muhammad Ansar Ali J. - This Rule was issued in an application under section 498 of the Code of Criminal Procedure calling upon the Deputy Commissioner, Dinajpur to show cause why the acÂcused-petitioners should not be enlarged on bail in GR Case No.47 of 1987 ......morning of 8.11.87, informant's son Asheque Ali was cutting Amon paddy grown by him in the case land; that Asheque Ali purchased the land by kabala and grew the paddy but the accused-persons formed unlawful assembly and trespassed into the said land and started to cut and take away the paddy forcibl..Category: Criminal Law | Date: | Hits: 74
....opinion that the judgÂment of the learned Subordinate Judge is totally unÂsatisfactory and the same suffers from various errors of law resulting in an error in the decision occasionÂing failure of justice. In the circumstanced I feel that the case should be sent back on remand to the Court of app......ia before the birth of Pakistan; that by an amicable arÂrangement Dinesh got the properties in this country including the suit land and the properties of Kunjalal in India went to other two sons and accordingly DiÂnesh possessed the suit land and subsequently sold the same to the plaintiff by regi......etitioners
Vs.
Md. Sonaullah Pramanik & others..................................Opposite Parties
Judgment
August 8, 1989.
Result:
The Rule is made abÂsolute.
Cases Referred to-
Hardit Singh Vs. Gurmukh Singh, AIR 1928 (PC) 1; Abdul Jalil Sikdar and others Vs. Khorshed A...... family alone occupies it, that by itself affords no evidence of exclusion of other interested members of the family; Uninterrupted sole possession of such property, without more, must be referred to lawÂful title possessed by the joint holder to use the joint estate and cannot be regarded as an as..
Category: Administrative Law | Date: | Hits: 488
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....of a deceased canÂnot be substituted within time, Court may allow the heirs of the deceased to be added as parties in the suit in order to protect their right in the suit property in the interest of justice. In the present case the widÂow and minor children of deceased plaintiff No.2 ought to have......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481............................Petitioners Vs. Firoja Khatun & Others.........................Opposite Parties Judgment March 8, 1989. Result: The rule is made absolute. Cases Referred to- Rahim Baksha Gazi & ors. Vs. Enbar Gazi & ors, 22 DLR 500; Mohomedally Tyebally and ......decree of the learned Munsif and sent the case back on reÂmand for fresh trial with certain observations for impleading. Khukiran Nessa and Halima Khatun in the suit and also for taking steps as per law as regards death of plaintiff No.2 Kudrut Ali. After remand the case was transferred to the Cour..Category: Property Law | Date: | Hits: 98
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....n accorÂdance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477.......n accorÂdance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477....... Barua, Advocate - For the State. Criminal Revision No. 335 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Mymensingh to show cause why the order of Mr. Sirajul Islam, Sessions Judge, Mymensingh passed on 22.9.88 in Cr......te or Joint District MagisÂtrate and such Additional District Magistrate or Joint District Magistrate shall have all or any of the powers of a District Magistrate under this Code, or under any other law for the time being in force, as the Government may direct." So, unless the Government by orde..Category: Procedural Law | Date: | Hits: 113
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