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Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....od Industries Corporation……......... Petitioner Vs. Md. Kashem and others………………………....Opposite–Parties Judgment March 20, 2002. Result: The Rules are made absolute. Cases Referred to- BCR 1983 (AD) 46 [Md. Kashem Vs. GoB]; Mrs. Husna Mansur and others......self was not maintainable in law, both the courts below committed error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit and, as such, interference is called for by this court. 11. Mr. Farid Ahmed, learned Deputy Attorney-General appearing for the ...... authority in cancelling the lease of the plaintiff and, as such, the plaintiff was compelled to file the suit. 4. The suit was heard ex parte on 20th December, 1975. The suit was dismissed by the trial Court, against which the plaintiff filed First Appeal No. 161 of 1976 before this Court and th......it be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....Rahman J State…………………Petitioner Vs. Deputy Commissioner, Satkhira and others………………Opposite Parties Judgment December 9, 1992. Result: The Rule is made absolute. Cases Referred to- Shunil Bhatra Vs. Delhi Administration, 1980 AIR (SC) 1579; Shila B......, 1980. Mr. Huq has referred to various sections of the Children Act, particularly, sections 2(f), 6, 8, 15, 48, 49, 50, 51, 53, 54, 66 and 71. Section 2(f) provides that a boy under the age of 16 is called a child. Section 6 speaks that no joint trial of the child and adult can be held. No child is......utely illegal, void ab initio and without jurisdiction. 10. In Kayra PS Case No.1 dated 18 .11 .80 (sessions Case No.103 of 1981) the detenu was made an accused, but he was ultimately acquitted on trial by the Sessions Judge, Khulna. In Kayra PS Case No.1(2) of 1983 (Sessions Case No.190 of 1986)......High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mozammel Hoque J Mahfuzur Rahman J State…………………Petitioner Vs. Deputy Commissioner, Satkhira and others………………Opposite Parties Judgment December 9, 1992. Result: The Rule..Category: Criminal Law | Date: | Hits: 97
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....m Vs. Province of East Pakistan and others, 1 BLD(HCD) 363; Chandan Mull Indra Kumar and others Vs. Chiman Lal Girdhar Das Parekh and another, AIR 1940 (PC) 3; Ranee Surut Soondree Debea Vs. Baboo Prosonno Coomar Tagore, 13 MIA 607; Abul Quasem (Md.) Vs. Md. Lutfur Rahman, 43 DLR (AD) 17. Lawyers......he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......he time of deciding the case finally considers the report of the commissioner which assists the Court for limited purpose for appreciating the evidence, which the Court records during the course of trial of the suit. The report of the commissioner is only a piece of evidence amongst the other ev......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Chairman, National Housing Authority ............................Appellant Vs. M/s. MR. Trading Co. and others ....................................Respondents Judgment June 2, 2011. Result: ..Category: Civil Law | Date: | Hits: 73
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
.... Tribunal by his judgment dated 27.11.89 found the appellant guilty of the accusation under section 25B(2) of the Special Powers Act and convicted and sentenced the appellants to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Tk. 5000.00 in default to suffer rigorous imprisonm......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......politan Magistrate, Dhaka who sent it to the Senior Special Judge to take cognizance of the case under the Special Powers Act, 1974 who also transferred the case to Special Tribunal No.9 at Dhaka for trial and accusation under section 25B(2) of the Special Powers Act was framed against the appellant......Respondent Judgment November 4, 1991. Result: The appeal is allowed. Cases Referred to- Md. Kalu Bhuiyan @ Kalu Mia Vs. Special Tribunal No.II Comilla, 30 DLR 124; Dost Mohammad and others Vs. State, 29 DLR 122. Lawyers Involved: Md. Azizul Haque, Advocate ‑ For Appella..Category: Criminal Law | Date: | Hits: 60
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
.... filed beyond the time allowed by the Court. In the instant case, the written statement filed by the defendant No.88 the petitioner long after the time granted by the Court was legally rejected. It also appears that against that order rejecting the written statement no revision was taken to the supe......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......s follows: In Civil Revision No.383 of 1985 a simple question falls for determination is whether written statement can be filed after the suit, on appeal from a preliminary decree, remitted to the trial Court for a limited purpose for allotting saham to the defendants who were not given saham by ......itiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ..Category: Property Law | Date: | Hits: 79
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....ed Divisional Special Judge found this convict‑appellant guilty of the charge under section 161 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced the appellant to suffer imprisonment for 1 (one) year and to pay a fine of Tk. 3000.00, in default to suffer imprisonment for a f......very of the two currency notes from the possession of the appellant. 18. P.W.6 who was the Accountant of the office of the appellant deposed that on 8.3.89 this appellant at about 4‑30/5‑00 PM called him into his Chamber and when he was about to enter into the Chamber he found some other pers......bmitted charge sheet against the appellant. The learned Senior Special Judge, Faridpur took cognizance of the case and ultimately transferred the case to the Court of the Divisional Special Judge for trial. Before that Court a charge under section 161 of the Penal Code read with section 5(2) of Act ......StateMohammad Sarwar Vs. State, 21 DLR (SC) 182; Bangladesh Vs. Abdur Rahman, 1982 BCR 367; Abdul Jabbar Vs. The State, 37 DLR 278; Emperor Vs. Anwar Ali, 1948 AIR (Lahore) 27; Rao Shiv Bahadur Singh and another Vs. State of Vindh‑P, 1954 AIR (SC) 322. Lawyers Involved: Serajul Huq with Zulm..Category: Criminal Law | Date: | Hits: 90
Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)
.... his nephew, Aslam Ali (the deceased) demanded money from accused Altaf Ali Bepari for giving water in his land for irrigation an altercation took place between them. The matter was settled by the persons present there, but accused Altaf Bepari did not forget the incident at all. On the night of t......judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......vict petitioner against the judgment and order dated 13th day of January, 2009 passed by the High Court Division in Criminal Appeal No.416 of 2005. 2. The petitioner along with others was put on trial before the Additional Sessions Judge, Court No.3, Kishoregonj in Sessions Case No.23 of 2001an...........Petitioner Vs. The State………………………………………........Respondent Judgment February 24, 2011. Result: The petition is dismissed. Lawyers Involved: Khandaker Mahbub Hossain, Senior Advocate instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record..Category: Criminal Law | Date: | Hits: 52
Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)
.... the accused under sections 304 Part II /114 of the Penal Code sentencing the convict appellant No.1 Nur Islam to pay a fine of Tk. 20,000/- (Taka twenty thousand), in default to suffer simple imprisonment for 2 (two) years and the remaining four convict-appellants were each sentenced to suffer ...... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ......ter to I.D. Hospital, Dhaka where he died on 6.1.1997 due to tetanus. Hence, the informant lodged the First Information Report (F.I.R.) on 7.1.1997. 3. After investigation, the accused were put on trial to face charges brought against them under Sections 304/114/34 of the Penal Code. The accused ......resent: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Md. Yusuf Ali and other……………………………Petitioners Vs. The State ……………………..Category: Criminal Law | Date: | Hits: 52
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....l about the debt, the plaintiff failed to pay the balance consideration within the stipulated time despite service of notice in that regard and that finding no other alternative, the defendant No.5 sold the property with a view to repay the loan. On consideration of the materials on record we ......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ...... 5. The learned Joint District Judge dismissed the suit. The plaintiff then preferred First Appeal No.78 of 2007 in the High Court Division. The High Court Division maintained the judgment of the trial Court. 6. Mr. M. Amirul Islam, the learned Senior Counsel appearing for the petitioner con......structed by Zohirul Islam, Advocate-on-Record-For Respondent No.7. Not Represented-For Respondent Nos. 3-6 & 8-10. Civil Petition for Leave to Appeal No. 548 of 2010. (From the judgment and order dated 7.1.2010 passed by the High Court Division in Firs! Appeal No.78 of 2007.) Judgme..Category: Civil Law | Date: | Hits: 93
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....e High Court Division maintaining their conviction and sentence of charges under sections 19A and 19(f) of the Arms Act. 2. Facts relevant for the disposal of this petition are that two accused persons namely, Mouza Ali and Mokles were arrested in connection with Barguna P.S. Case No.11 dated 16t......the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ...... made in U.S.A. along with 34 rounds of ammunition. The officer seized cartridge and the gun which were kept concealed by the slide of a fuel tank in presence of the witnesses. 3. In course of the trial of the case, the prosecution has examined 14 witnesses. Besides the oral evidence, the prosecu......nt: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Kazi Kamrul and others …………………….......Petitioners Vs. The State ……………………..Category: Criminal Law | Date: | Hits: 64
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....d Title Suit No.199 of 1997 in the Court of Assistant Judge, 2nd Additional Court, Dhaka, for declaration of title in respect of the suit land and for the further declaration to the effect that the resolution taken by the defendant No.3 for allotment of land in favour of the defendant-petitioner her......le". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......r hereof contested the suit by filing written statement contending, inter alia, that the suit as framed and filed is not maintainable inasmuch as the plaintiffs have no cause of action. 4. The trial Court on consideration of the materials on record and the submissions of the learned Advocates......Wahhab Miah J Bashaboo Girls High School, Madhay Bashaboo, Police Station- Sabujbagh, Dhaka represented by its Head Master-Cum-Secretary……………………..Petitioner Vs. Sharafunnessa and others …………....................................Respondents Order May 9, 2011. ..Category: Property Law | Date: | Hits: 70
....lam and on the same day a kabuliyat was executed in favour of the landlord by the said Khairul Alam Khan. Since the date of settlement the plaintiffs have been in possession of the suit land. It is also alleged that the plaintiff No.1 obtained delivery of the registered patta from the concerned Sub-......ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
...... land from suit Plot Nos.4238 and 4231 to K.O.S. Samity and the defendant as president of the said Samity took lease on the basis of D.C.R. and the Samity is in possession of the suit land.
6. The trial Court on consideration of the evidence on record decreed the suit by its judgment and order da......s Republic of Bangladesh, represented by the Deputy Commissioner, Satkhira ...............................Petitioners
Vs.
Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and others ....................................Respondents
Order
January 27, 2011.
Result..
Category: Property Law | Date: | Hits: 76
Md. Abdul Based Sheikh and others Vs. Md. Jinder Ali Khan and others, 2011, 40 CLC (AD)
....u Nayeem Mominur Rahman J.- The instant leave petition filed under Article 103 of the Constitution is against the judgment and order dated 12.01.09 passed by the High Court Division making the Rule absolute issued in Civil Revision No. 2084 of 2004 and thereby setting aside the judgment and order pa......d to be time barred. In the premises, we do not find any substance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515.......iled the miscellaneous case under Order IX Rule 13 of the Code of Civil Procedure for restoration of the suit to its original file and number after setting the ex-parte decree dated 30.06.2002. The trial Court framed the following issues: “১। স্থানীয় দরখাস্ত ......his Case is also Reported in: VIII ADC (2011) 515...Category: Procedural Law | Date: | Hits: 66
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....bed in schedule two of the plaint is not binding upon him. His case in short is that Sultan Khan, the original owner of the suit land gifted the suit land to him but during the field survey operation some lands were wrongly recorded in the name of Alam Khan and taking advantage of wrong recording, t......000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ......f Sultan Khan, being the recorded owner transferred the suit land in his favour by deed dated 10th March, 1997 and that he has been in possession of the same of payment of rent and taxes. 3. The trial Court on consideration of the evidence on record by judgment and order dated 16th November, 20...... Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Ali Amzad Khan…………………………………………………Petitioner Vs. Md. Titam Khan and others ................................Respondents Order January 6, 2011. Result: Le..Category: Property Law | Date: | Hits: 87
....is directed against the judgment and order dated 23rd August, 2009 of this Division in the Civil Petition No. 2149 of 2008.
2. Facts relevant for the disposal of this petition are that the predecessor-in-interest of the petitioner filed Miscellaneous Case No. 21 of 1963 in the Court of Subordinat....... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
...... on transfer was heard by the learned Additional District Judge, 1st Court, Mymensingh, who by his judgment and order dated 8th September, 1973 allowed the appeal and reversed the judgment of the trial Court and allowed the preemption on the finding that the pre-emptor petitioner is a co-share......J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Subrata Dev Roy..................................Petitioner
Vs.
Saroswati Rabni Paul being dead her legal heirs: 1(ka) Netai Pada Paul and another........................................Respondents
Judgment
January 18, 2011.
R..
Category: Procedural Law | Date: | Hits: 76
Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)
....al Court but did not reverse the findings of the trial Court relating to the exclusive possession on the undivided suit plots. 8. We have considered the submissions of the learned Advocate and also the contents of the leave petitions and it appears to us that there is substance which merits exa......out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......by the High Court Division in discharging the Rules issued in Civil Revision Nos. 4280 and 4281 of 1995. The subject matter of the leave petitions as well as the parties therein are common. 2. The trial Court as well as the Appellate Court below and the High Court Division disposed of the matters......Ed. This Case is also Reported in: VIII ADC (2011) 492. ..Category: Property Law | Date: | Hits: 60
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....Magistrate, Dhaka. The learned Chief Metropolitan Magistrate allowed the prayer. The writ petitioner challenged the said order by a writ petition before the High Court Division, which made the rule absolute and quashed the order of the Chief Metropolitan Magistrate. In the meantime, the case record ......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ......efore the High Court Division, which made the rule absolute and quashed the order of the Chief Metropolitan Magistrate. In the meantime, the case record was sent to the Metropolitan Special Judge for trial where Special Case No.5 of 2008 was registered. The Senior Metropolitan Special Judge took c......ra Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission represented by it's Chairman, 1, Segunbagicha, Dhaka……………….Petitioner Vs. M.A.H. Salim and others …………………………….......Respondents Order February 24, 2011. Res..Category: Criminal Law | Date: | Hits: 136
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
....is an application under Article 103 of the Constitution filed challenging the judgment and order dated 23.11.2008 passed in Civil Revision No. 588 of 2002 by the High Court Division making the Rule absolute, thereby reversing the judgment and decree dated 31.10.2001 passed in other Appeal No.25 of......ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......chers to join their respective duties but did not allow the plaintiff, since his case does not come under said Rules, and being aggrieved there against the plaintiff filed the instant suit. 4. The trial Court decreed the suit and declared the dismissal order dated 5.5.98 to be invalid, illegal an......srat Dhulia Dakhil Madrasha, Sayedpur Police Station Sayedpur, District- Nilphamari……………………………………………………………………Petitioner Vs. Md. Rafiqul Islam and another ................................Respondents Order April 28, 2011. Result: Le..Category: Employment/Service Law | Date: | Hits: 55
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....sion were corroborated by the other two local witnesses. Although they were extensively cross examined by the defendants but nothing could be elicited to shake their credibility in any manner whatsoever regarding title and possession. The evidence of the plaintiffs regarding title and possession......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468....... প্রতিকার পাইতে হকদার কি না? 5. On consideration of the materials on record and the submissions of the learned Advocates of the respective parties the trial Court found the Issue Nos.2 and 3 in favour of the plaintiffs and the Issue No.4 against the p...... Ed. This Case is also Reported in: VIII ADC (2011) 468...Category: Procedural Law | Date: | Hits: 57
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
.....1 on 9.11.83 and registered on the same date purporting to transfer the land described in the schedule to the plaint was illegal, fraudulent, mala fide, void and not binding upon the plaintiff and also for cancellation of the said document. 3. The case of the plaintiff before the learned Assista......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......tant Judge by his judgment and decree dated 5.8.90. 7. Being aggrieved by the aforesaid judgment and decree of the learned Subordinate Judge the petitioner who was the defendant before the learned trial Court preferred this revisional application invoking section 115 of the Code of Civil Procedur......r Rahman, with Serajur Rahman, Advocates ‑ For the Opposite Party. Civil Revision No.2183 of 1990. Judgment Naimuddin Ahmed J.- This revisional application is directed against the judgment and decree passed by the Subordinate Judge, 4th Court Dhaka on 6.8.1990 in Title Appeal No.319 of 19..Category: Property Law | Date: | Hits: 87
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