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Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
.... That recently the plaintiffs came to know that the defendant Nos.5 to 9 got the suit land recorded in their names collusively and the defendant No.4 thereafter obtained a decree declaring his maliki right in the suit land in Title Suit No.33 of 1966 of the Second Additional Court of Subordinate Jud......Petitioners. Abdul Wadud Bhuiyan, Senior Advocate (Abdul Quiyum, Senior Advocate with him) instructed by Giasuddin Ahmed, Advocate-on-Record—For the Respondents (as added). Civil Petition for Leave to Appeal No.1645 of 2010. From the judgment and order dated 06.12.2009 passed by the...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......f, on consideration of the evidence both oral and documentary adduced by the contesting parties dismissed the suit by the judgment and decree dated 31.12.1975. Against that judgment and decree of the trial court the plaintiffs preferred Title Appeal No.18 of 1976 before the learned District Judge, S..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....ode of Civil Procedure, therefore, should, therefore, be sparingly used. The provisions for the appointment of a receiver is to be considered as one of the harshest remedies for the enforcement of rights to property……………(27) Cases Referred to- Faiz Ahmed Chowdhury and anothe......gment April 16, 2012. Result: The petitions are disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XL, Rule 1 Appointment of receiver in a suit for partition It is not proper to appoint a receiver in a suit for partition. Mere existence o......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ...... time and as such for management of the suit property, an Advocate Commissioner should be appointed as a receiver. 17. The appellate Court took into consideration the findings arrived at by the trial Court in detail and came to a finding that appointment of receiver by the trial Court without ..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....ansferred as a co-sharer and allowing preemption with respect to ½ in favour of a contiguous owner which is a misconceived and can not be sustained in law." "V. Because the High Court Division rightly found that the application by the petitioner is not time barred and he being a co-sharer by ......oner (In Civil Petition No.684 of 2009). Not represented-Respondents (In Civil Petition No.642 of 2009). Not represented-Respondents (In Civil Petition No. 684 of 2009). Civil Petition for Leave to Appeal Nos.642 of 2009 with 684 of 2009. (From the judgment and order dated 14.01......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......nd prayed for review of the earlier order dated 24.06.1999 and the same application was allowed by the order dated 09.08.1999 and the opposite party No.23 was made co-petitioner. 5. However, the trial court, on taking evidence from all the contesting parties and considering the same allowed t..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......, Sadar, Mymensingh in Small Cause Court Suit No.7 of 1996 should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the plaintiff of the suit is the petitioner before this Court who ......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......"will" dated 17-3-1973, executed by the father of the plaintiff in favour of his sons, daughters and wife settling his properties was marked as Exhibit 6. 6. During continuation of the trial of the suit the defendant died and his heirs were substituted. The defendant No.1 'Ka'..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......91 & 233 of 2010). Ahsanul Karim, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ...........' used in the beginning of the section. 6. Section 493 of the Code of Criminal Procedure authorizes the public prosecutor to plead before any Court in which a charge is under inquiry or trial or an appeal, and if any private person instructs a lawyer to prosecute in any Court, the publ..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....fire injury on the deceased, Abdur Rakib'' resulting his death, particularly when the other accused had also guns and they fired from their guns as well. The High Court Division took the right decision in affirming the sentence of death awarded against the appellant by the learned Sessi......ed by looking at the material contradictions in his testimony from the FIR.......... (15) Justice would be best served if the sentence awarded against the appellant is altered into one for imprisonment for life with fine. The appellant could not be solely saddled with the "s......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......lant and thus affirming the sentence of death awarded against him by the learned Sessions Judge, Sylhet in Sessions Case No. 86 of 2001. 2. The appellant, along with 8(eight) others, were put on trial before the Sessions Judge, Sylhet in the above mentioned Sessions case, and was charged under ..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ...... granted. Lawyers Involved: Dr. A.K.M. Ali, Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented-For Respondents. Criminal Petition for Leave to Appeal No.175 of 2009. (From the judgment and order dated 11th November, 2007 pass......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......ferred to the Metropolitan Sessions Judge, Dhaka being Metropolitan Sessions Case No.560 of 1999. It was then transferred to the Court of Additional Metropolitan Sessions Judge, 2nd Court, Dhaka, for trial and after hearing the petition under section 265C of the Code of Criminal Procedure the Court ..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......ara Begum Advocate-on-Record-For the Respondent No.1. None Represented—For the Respondent Nos.1-18. Civil Appeal No.395 of 2010. Judgment Md. Shamsul Huda J.- The instant Civil Petition for Leave to Appeal is directed against the judgment and order dated 19-11-2009 passed by a Single B......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ...... years together. The contention of both the parties as regards the attaining majority of the added defendant as stated above are matters of fact which cannot be decided without taking evidence during trial. We do not find any valid reason to interfere with the impugned judgment and, as such, the ..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....of the cheque as far as is covered by the fine realized shall be paid to the holder. (3) Notwithstanding anything contained in sub-sections (1) and (2), the holder of the cheque shall retain his right to establish his claim through civil Court if whole or any part of the value of the cheque rem...... Lawyers Involved: SK. Zulfiqur Bulbul Chowdhury, Advocate instructed by Syed Mahhubar Rahman, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Criminal Petition for Leave to Appeal Nos. 361 And 366 of 2010. Judgment Md. Abdul Wahhab Miah J. - Identical f......ranch, Chittagong which were dishonoured for the reason 'insufficient fund' on 4-10-2007. All accused being the company and its Managing Director and Directors were involved and responsible for the affairs of the company at the time when the cheques were dishonoured. All accused had specific knowled......d the next date on 10.04.2008 for appearance of the accused-petitioner and for further order and transferred the case to the Court of Additional Metropolitan Sessions Judge, 1st Court, Chittagong for trial and disposal. The accused-petitioner duly appeared before the Additional Metropolitan Sessions..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....ry certificate proved by the Doctor(P.W.6), and marked Exhibit-2, in order to find the accused guilty. 17. In my considered view, section 342 of the Code of Criminal Procedure confers a valuable right to the accused person in order to enable him to explain any circumstances appearing in the evi...... Nirjatan Daman Tribunal No.1 Rajshahi convicting the appellant under section 11(Ga) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended 2003) and sentencing him to suffer rigorous imprisonment for 1(one) year with a fine of Taka 500 (Taka five hundred) only, in default to suffer rigorous im......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......nt), has submitted charge-sheet No.307 dated 22-10-2010 against him, under section 11(Ga) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended 2003). 4. Thereafter the case, being ready for trial, the record was transmitted to the Court of Nari-o-Shishu Nirjatan Daman Tribunal No.1, Rajsha..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....it is liable to be dismissed. 8. At the commencement of the trial 6 (six) issues were framed by the trial court including 2 (two) issues as to the effect that whether the plaintiffs have got any right, title, interest and possession in the suit land or not and to the effect that whether the sui......Narayangonj, in Title Suit No.64 of 2009, dismissing the suit. 2. Facts in a nutshell given rise to this appeal, are that, the appellants as plaintiffs instituted the Title Suit No. 64 of 2009 before the learned Joint District Judge, 2nd Court, Narayangonj impleading the respondents as defendan......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... possessed the suit schedule land. The plaintiffs or his predecessors never owned and possessed the suit schedule land, as such; the suit is liable to be dismissed. 8. At the commencement of the trial 6 (six) issues were framed by the trial court including 2 (two) issues as to the effect that w..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
....ll remains to be seen, whether there are ingredients of offence under section 415 of the Penal Code. The trial Court is fully competent to determine it after taking evidence. So, it cannot be said outright that the complaint does not disclose any criminal offence. The defense plea as taken in the ap......s Case No.2109 of 1998. Judgment Md. Ruhul Quddus, J.- This Rule at the instance of the accused-petitioners was issued on an application under section 561A of the Code of Criminal Procedure for quashment of the proceedings in C. R. Case No.215 of 1997 under sections 482 and 483 of the Pena...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......issued process against the petitioners. They surrendered before the Magistrate on 5.11.1997 and obtained bail. Subsequently the case was transferred to Mrs. Nandita Das, Magistrate of first class for trial and therefrom it was transferred again to Mr. A. K. M. Aminul Islam, Magistrate of first class..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ...... Judgment April 1, 2012. Result: The appeal is dismissed. Nari-o-Shishu Nirjatan Daman Ain, 2000. Section 7 of the Ain, 2000 concerns abduction of any woman or child for any of the purposes mentioned in section 5 of the Ain. Section 8 of the Ain, 2000 concerns the o...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......it is necessary to try them together for ends of justice. Therefore, there was apparent oversight on the pan of the Bicharak of the Tribunal at the time of framing the charge. There is no bar for the trial to proceed against the appellants for the offences under sections 302/201/34 of the Penal Code..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......iscellaneous Case No.2936 of 1997. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the sole accused was issued on an application under section 561A of the Code of Criminal Procedure for quashment of the proceedings in Nari-o-Shishu Nirjatan Damon Case No.95 of 1996 under section 6(......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ...... on her. In our society, a woman generally does not raise any false allegation touching her own reputation and character. In such a case, truth of her allegation cannot be ascertained without holding trial and therefore, the Rule is liable to be discharged. 8. In the petition of complaint there i..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......r or orders as to this Court may seem fit and proper. 2. Facts of the case, in short, are that one Md. Towfiqul Islam, Assistant Director, Anti-Corruption Commission, Head Office, Dhaka, being informant lodged first information report under Section ২(ট)(অ)/৪(২) of the Money Laundering......48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......a facie case has been made out against the accused opposite party No.1 and others. The learned Advocate has further submitted that when the matter is still pending it needs to be examined by the trial Court on examination of evidence, as such, at this stage the impugned order allowing the oppos..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......No.1 as the plaintiff instituted other Class Suit No.44 of 1993 in the Court of the Assistant Judge, Durgapur, Rajshahi against the defendants-appellants and other defendants-respondents praying for a declaration of title in respect of the suit land described in schedule 'B' to the plai......le, Therefore, the application for restoration of the Rule was misconceived and the plaintiff-respondent shall have to face the consequence of his own mistake. 16. Such being the State of affairs it is not at all necessary to enter into the merit of the case. 17. The judgment and orde......tered deed of gift dated 13-7-1970 and then sold it to defendant Nos. 2-4. The purchasers have been in possession of the suit land. As such, the suit is liable to be dismissed with costs. 5. The trial Court decreed by its judgment and order dated 24-6-1996. Against the said judgment and decree,..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....Ali sold the suit land to the plaintiff by two registered kabala and delivered possession of the suit land also in favour of the plaintiff. That the defendant No.1, Chittagong Zilla Parishad has no right, title and possession in the suit land. Inspite of that the defendant No.1, claiming title in ......y Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Dr. Rafiqur Rahman, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2537 of 2009. (From the judgment and order dated 26.10.2009 passed by th......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......had no title in the suit land and as such the plaintiff could not acquire any right, title and possession in the suit land by virtue of his so-called purchase from the heirs of Nabid Ali. 5. The trial court, on consideration of the evidence-both oral and documentary adduced by both the contesti..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
....es unless they are expressly or impliedly barred. Expressly barred means barred by any enactment passed by legislature and impliedly barred means the remedy is available in the statute itself for the right or obligation it has created and as such same remedy cannot be sought in a civil court. In the......nt under Order 7 Rule 11 of the Code of Civil Procedure filed by the defendant-respondents.
2. The material facts in short are that, the appellant as plaintiff filed Title Suit No. 162 of 2009 before the Court of learned Joint District Judge, 5th Court, Dhaka stating inter alia that R. Zaman &a......liefs could only be granted by the High Court Division under Rule 9 of the Companies Rules, 2000, which alone had exclusive jurisdiction in the matter Under Section 3 of the Companies Act.
The affairs of the Company should be regulated in accordance with the law that has been provided by the Co......istrict Judge, Dhaka against the defendant no. 10 for a declaration that the excess amount of money demanded by the government is wrong, unlawful and not binding upon the company. After conclusion of trial learned Additional Joint District Judge, Dhaka decreed the suit of the plaintiff. During pende..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
.... no power to remand. Mr. Moinul Hosien, learned counsel appearing for the defendant, on the other hand, supports the judgment of the High Court Division and submits that the High Court Division rightly held that the plaintiffs' suit was abated and for ends of justice, the High Court Division r......Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In both the cases). For Respondent No.2-9 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos.1023-24 of 2010 (From the judgment and order dated 25.8.2009 passed by ...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ...... agreement for sale of the suit property with defendants and allowed them to continue therein. Her heirs transferred the suit property by different deeds in favour of defendant Nos.1-4. 4. The trial Court heard both the suits analogously, decreed the plaintiffs' suit and dismissed defendant's..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....admitted fact from the side of the defendants and that also fact of possession having been established by the plaintiffs by reliable and credible evidence and consequent thereupon having had acquired right and interest of unassailable character the High Court Division and the appellate Court were no......d in: 18 BLC (HCD) (2013) 124. ......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......aintiffs appellants, submits that, plaintiffs through registered instrument purchased the suit property before liberation of Bangladesh and chain of title having not been broken at any point of time, trial court ought to have decreed the suit. Learned Advocate further submits that, it is admitted po..Category: Others | Date: 18 Mar, 2012 | Hits: 5
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