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Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)

.... on behalf of the opposite party No. 1, submitted that the prosecution was able to prove to the entire satisfaction of the Courts below that the petitioner inflicted the injury upon the informant and rightly convicted and sentenced the petitioner. He submitted that the evidence of the defence witnes...... dismissing the appeal and upholding the order of conviction and sentence dated 30-9-1995 passed by the Metropolitan Magistrate, Dhaka in CR Case No.2473 of 1994, should not be set aside. 2. The informant, Hazera Begum and the petitioner, Abdul Khaleque are workers under the Dhaka Municipal Corpo......lated in this order. Send down the lower Court records along with a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......titches were required on her head. Initially an attempt was made to settle the matter, but since no compromise was reached, the informant lodged the case. 3. After investigation and due process of trial, upon consideration of the evidence of 5 prosecution witnesses and 1 defence witness, the lear..

Category: Criminal Law | Date: | Hits: 97

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....agistrate filed it to bring the accused into the task and sent it to the learned Additional District Magistrate for trial. So, being aggrieved and affected person the present petitioner preserves the right to bring the matter within the purview of section 417 A (2) of the Code of Criminal Procedure ......cused-petitioner from entering into the case land which was ultimately converted to a Miscellaneous proceeding under section 145 of the Code of Criminal Procedure and at the time of adducing evidence for ascertaining physical possession in the land in question the petitioner filed a Kabala Deed No. ......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......etitioner for commission of the offence referred to above. Taking cognisance of such offence the then learned Upazila Magistrate sent it to the Court of the learned Additional District Magistrate for trial. 3. During the course of trial the accused petitioner pleaded guilty and the learned Additi..

Category: Criminal Law | Date: | Hits: 60

Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)

....ion and their objection has been noted in the deposition sheet. It is further stated that item Nos. 26 to 28 have been marked as exhibits and those are now part of the case record; that the Court has rightly marked those documents in admitting the same into evidence; that after making the documents ......e Code of Civil Procedure and is directed against an order No. 113 dated 6-2-2003 passed by the learned Joint District Judge, First Court, Dhaka in Title Suit No. 153 of 1992 rejecting an application for noncompliance of provisions of Order VIII, rule 1(5) of the Code of Civil Procedure. 2. The f......shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306....... the document at serial No. 37 namely, the statement of property given to the Income Tax Authority in the fiscal year 1987-88 has been admitted in the evidence. The plaintiff filed application in the trial Court praying for striking out those documents at serial Nos. 26, 27, 28 and 37 of the firisty..

Category: Property Law | Date: | Hits: 131

Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)

....ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......brief, is that the predecessor of the opposite parries Nos. 1-16. Sadek Hossain Howlader (since deceased) as plaintiff filed Title Suit No. 285 of 1971. in the Court of the Subordinate Judge, Barisal for declaration of title against the opposite parry Nos. 17-22 over the land described in the schedu......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......dvocate appearing for the petitioner. On the other hand, no one appears for the opposite parties. 5. Perused the revisional application, the impugned order, the impugned judgment and decree of the trial Court and other papers filed along with the revisional application. 6. The learned Advocate..

Category: Property Law | Date: | Hits: 81

Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)

.... that the impugned order comes within the meaning of decree as defined in sub-section (2) of section 2 of the Code, inasmuch as the trial Court passed the impugned decree conclusively determining the right of the parties and secondly, the rejection of the plaint itself is a decree as defined there u......Khan, Advocate—For the Petitioner. Sk Md. Morshed, Advocate—For the Opposite Party. Civil Revision No. 1780 of 2004. Judgment Md. Abdul Aziz J. - This Rule has been posted in the list for hearing on the prayer of both the sides on maintainability of the same on the application filed ......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ...... tenancy agreement with the plaintiff having expired he has no legal character, no locus standi and no cause of action to bring the suit as there is no breach of any obligation or contract. 5. The trial Court allowed the said application on contest rejecting the plaint by the impugned judgment an..

Category: Procedural Law | Date: | Hits: 90

Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)

.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......er. 2. Pending disposal of the Rule further proceedings as above was stayed. 3. Rule was made returnable within 4 weeks. 4. Rule being ready was fixed at the instance of State opposite party for hearing. 5. Learned Advocate for the accused petitioner refers to provisions of section 27(1)...... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......st Class, Brahmanbaria as complaint case (CR case) and the offence complained or under section 493/420 Penal Code being triable by District Magistrate, the case record was sent to DM Brahmanbaria for trial and disposal. The case was renumbered in the Court DM Brahmanbaria as DM Case No. 181 of 2004...

Category: Criminal Law | Date: | Hits: 48

Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)

....vidence included in one trial and a decision could be arrived at after a proper consideration of the entire material relied on by the parties. The accused persons would in addition obviously have the right to adduce defence evidence if they so chose. If that trial results in conviction, it will be f...... Criminal Procedure at the instance of Motleb Mondal, complainant-petitioner of Session Case No. 28/2001 arising out of Complaint Case No. 25/96 under sections 147/148/149/302/114, Penal Code filed before Cognizance Court Jenaidah, was issued calling upon opposite party Nos. 1-11 including State, op......Revision was filed and the Rule was obtained. 9. Learned Advocate during course of argument shows that Honorable Supreme Court in the decision reported in 18 DLR (SC) 474 held and observed that, a fair procedure would be for the learned trial Judge to take up the complaint case first for trial. D......e case was registered as Sessions Case 57 of 2000 and complaint case was registered as Sessions Case 28/2001. Both the Sessions cases were sent to Additional Sessions Judge, 1st Court, Jenaidah for trial and disposal according to law. 8. Learned Advocate informs that learned Sessions Judge took..

Category: Criminal Law | Date: | Hits: 41

Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)

....imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......e Petitioners. M. Amirul Islam, Senior Advocate, instructed by Md. Ferozur Rahman, Advocate -on-Record- For Respondent Nos.1 & 2. Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No.188 of 2011. Order ABM Khairul Hague CJ.- This petition for leave to ap......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ..

Category: Civil Law | Date: | Hits: 82

Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)

.... the plaintiff-opposite party, submits that the defendant No.1 knowing full well regarding the date of hearing and intentionally refrained himself from attending the court and the prayer for time was rightly rejected. It is not true that the defendant No. 1 came to know regarding the ex parte judgme......f 1994 rejecting the application under Order IX, rule 13 of the Code of Civil Procedure. 2. The opposite party No.1 Syed Saifuddin Mohammed Jabeed as plaintiff instituted Other Suit No 76 of 1992 for declaration of title, separate possession and partition in the First Court of Subordinate Judge,......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......for further hearing of the suit. 2(two) subsequent dates, i.e. 22-11-1993 and 17-1-1994 were fixed for taking further evidence. The defendant No, 1 was present in Court on those dates but the learned trial Court was unable to hear the suit. Then 17-2-1994 was fixed for further hearing but the plaint..

Category: Property Law | Date: | Hits: 115

Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)

.... Family Judge, Sadar Tangail on consideration of the facts and circumstances of the case and evidence on record decreed the suit ex parte on 17-10-2002 allowing the prayer for restoration of conjugal right granting dower of Taka 1,50,000 and maintenance of Taka 55,000. 9. Being aggrieved by the j......e case. 2. The plaintiff-opposite party Most Rokshana Choudhury (Sanda) filed Family Suit No. 11 of 1999 in the Court of the learned Senior Assistant Judge, Sadar and Family Judge, Tangail praying for declaration that the divorce dated 22-5-1998, 22-6-1998 and 22-7-1998 is illegal and void and fo......e adopted dilatory tactics to harass the opposite party. It shows that he purposely avoided giving notice to the Chairman of Tangail Municipality, so question of reconciling was not held. All these unfair activities of the petitioner made her life miserable. 29. It has been alleged in the Talaqn......set aside allowing this revision. 5. It appears from record that the Family Suit No. 11 of 1999 was filed on 1-3-1999 and the suit was fixed for ex parte hearing on 20-4-1999. Later on the learned trial Court decreed the suit ex parte on 2-6-1999. 6. The defendant-petitioner filed Miscellaneou..

Category: Family Law | Date: | Hits: 184

Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)

....he High Court Division while disposing of the Rule issued under Section 435 and 439 of the Code of Criminal Procedure refrained from considering the merit of the case rather the High Court Division rightly examined the legality and propriety of the order of rejection of the prayer for discharge ......) 116; State Vs. Khondker Md. Moniruzzaman, 17 BLD (AD) 54. Lawyers Involved: T.H. Khan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Criminal petition for Leave to appeal No. 270 of 2009. (From the judgment and order dated 18-03-2009 passed by the ......Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......hose materials justify the framing of charge against the accused-petitioner and that when the Tribunal failed to discharge its duty the High Court Division may interfere in order to prevent vexatious trial and as such the impugned judgment and order passed by the High Court Division is liable to be ..

Category: Criminal Law | Date: | Hits: 73

Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)

....dvocate-on-Record appearing on behalf of the respondent submits that both the trial court and the High Court Division having considered the provisions of Section 14 (2) of the Arbitration Act, 1940 rightly made the award Rule of the Court. He then submits that the learned Judges of the High Court ...... The respondent as plaintiff filed Title Suit No.158 of 1999 in the Court of Sub-Ordinate Judge, 5th Court, Dhaka on 04-08-1999 under Section 14(2) and Section 17 of the Arbitration Act, 1940 praying for a direction upon the Umpire to file the award dated 15-10-1996 and make the said award Rule of t......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......or Leave to Appeal before the Appellate Division. 9. Leave was granted to consider the submissions of the learned Counsel appearing for the appellant that both the High Court Division as well as trial court failed to consider that as per Section 14 (2) of the Arbitration Act, 1940 the proceed..

Category: Alternative Dispute Resolution | Date: | Hits: 187

Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)

....dina" land within the periphery of any Bazar. Government also never declared the land as Bazar. It is further stated that the appellate Court below considering all the above aspects of the matter has rightly allowed the Miscellaneous Appeal reversing the Judgment and order passed by the trial Court ...... pre-emptee is a stranger purchaser to the disputed jote. The preemptor having known to the fact of the disputed sale obtained certified copy of the disputed sale deed on 31-7-1997 and filed the case for pre-emption. 3. The pre-emptee (Md. Abdul Mannaf) contested the pre-emption case by filing a ......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ...... family. The pre-emptee, by filing an additional written objection, contended that the disputed land is a "Chandina" land situated within Ghorail Bazar and, as such, it is not pre-emptable. 4. The trial Court on consideration of the facts, circumstances and evidence adduced by the parties disallo..

Category: Property Law | Date: | Hits: 91

Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)

.... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240.......ge, 1st Court, Kishoreganj in Title Appeal No. 372 of 1993 should not be set aside and/or pass such other or further order or orders as to this Court deems fit and proper. 2. Short facts necessary for the purpose of the Rule is that the petitioners as plaintiffs instituted Partition Suit No. 195 ...... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240......., the plaintiffs as appellants preferred other Class Appeal No. 372 of 1993 before the Court of District Judge, Kishoreganj which was transferred to the Court of Joint District Judge, Kishoreganj for trial. 5. During the pendency of the other Class Appeal No. 372 of 1993 before the Joint District..

Category: Procedural Law | Date: | Hits: 93

Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)

....of necessary parties; as per conditions Nos. 6 and 9 of the auction notice the validity of the quotation submitted by the plaintiff expired on the expiry of three months; the authorities reserved the right to accept or reject the quotation of the plaintiff if not found satisfactory; the quotation of......�……………………………………………….Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant Attorney-General and Md. Iqbal Hossain, Assistant Attorney-General—For the Peti......ion reported in 2 MLR (AD) 109. In that case, Senior Advocate Syed Ishtiaq Ahmed was appearing for the petitioner (highest bidder), and their Lordships in their decision observed, "Mr. Ahmed has been fair enough to submit that no legal right has accrued to the petitioner merely because he has come o......as maintainable in its form; (II) Whether the suit was barred by limitation; (III) Whether the plaintiff had prima facie case; (IV) Whether the plaintiff was entitled to the relief prayed for. In the trial, the plaintiff got two witnesses examined including the plaintiff himself and exhibited three ..

Category: Business or Commercial Law | Date: | Hits: 209

Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)

....al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227.......n of impugned order dated 6-10-98 passed in Title Suit No. 59 of 1996 by the Assistant Judge, Muktagacha Court, Mymensingh so far it relates to passing an order of abatement and allowing the petition for substitution of the legal heirs of the deceased defendant is concerned should not be set aside o......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227.......re for amendment of the plaint and to strike off the name of defendant No. 3 from the plaint and to include the names of his heirs as defendants. On 6-10-98 both the applications were taken up by the trial Court for hearing who allowed the petition filed by the plaintiff for amendment of the plaint ..

Category: Procedural Law | Date: | Hits: 106

Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)

....ubmits that both the Courts below on proper findings found that the decree in question in Title Suit No. 30 of 1998 is collusive and fraudulent one and the same was obtained in order to frustrate the right of the pre-emptor-opposite parties. The learned Advocate, referring the judgment of the trial ......osite party Nos. 1-6 filed Miscellaneous Case No. 12 of 1998 in the Court of the learned Senior Assistant Judge, Begumgonj, Noakhali under Section 96 of the State Acquisition and Tenancyt Act praying for pre-emption of the case land alleging, inter alia, that they are co-sharer tenants in the case j......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......uesting is a mortgage deed and hence the preemptor- petitioners are not entitled to get an order of pre-emption. Further, it is contended that the case is also bad for defect of parties. 4. At the trial the pre-emptor examined 2 (two) witnesses while contesting pre-emptor No. 3 examined 1 (one) w..

Category: Property Law | Date: | Hits: 67

Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)

...., Advocates appears in opposition to the Rule. 7. In support of the Rule, Mr. Hoque submits that the trial Court, on proper finding of fact and upon correct appreciation of the evidence on record, rightly dismissed the suit, He further submits that the lower appellate Court was manifestly wrong i......n Other Class Suit No. 31 of 1995 by the Senior Assistant Judge, Haluaghat Court, Mymensingh, the defendant-respondent-petitioner moved this Court and obtained the instant Rule. 2. Facts necessary for disposal of the Rule, briefly stated, are as under the plaintiff-appellants-opposite party Nos. ......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......hat out of 40 decimals of land allotted to the plaintiff, 28 decimal comprised of a pond and there was no evidence of cultivation of Boro/Aman paddy in the suit land, as claimed by the plaintiff. The trial Court, upon considering all the evidence on record and the deposition of witnesses, dismissed ..

Category: Property Law | Date: | Hits: 66

AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)

....dge and the learned District Judge rejected the application summarily by his order dated 14-5-2005 on the ground of pecuniary jurisdiction. In view of our above discussion, the learned District Judge rightly turned down the revisional application. 21. Besides the order as aforesaid, which is revi......tially heard by a Division Bench comprising Mr. Justice ABM Khairul Haque and Mr. Justice ATM Fazle Kabir and a preliminary question of law arose as to the maintainability of revisional application before the District Judge against an order passed by the Subordinate Judge in a suit the valuation of ...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ....... It is provided under that section that on the application of may of the parties or of its own motion the District Court may at any stage transfer any suit, appeal or other proceedings before it for trial or disposal to any court subordinate to it and competent to try or dispose of the same. 23...

Category: Procedural Law | Date: | Hits: 90

Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)

....ll have the choice to select cases for the special procedure will not affect the validity of the law. 14. The elements of discrimination have been consistently held to be offending the fundamental right i.e. all citizens to be treated as equal before law as contemplated under Article 27 of the Co...... Taka 79,13,42,887.12 against the petitioners should not be declared to have been made and issued without any lawful authority and of no legal effect. 2. Subsequently, when the matter was taken up for hearing, an application for supplementary Rule was filed on behalf of the petitioners seeking to......y to the rule of law and should rather be considered to be just and beneficial and thus affirming the rule of law. Because the rule of law requires the power to be exercised in a manner which is just fair and reasonable as opposed to unreasonable, unjust and unfair. 17. We, therefore, do not find...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ..

Category: Civil Law | Date: | Hits: 125

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