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Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
.... to execute and register the sale deed as per terms of baina patra; that the plaintiff lastly on 15-5-2003 requested the defendants for execution and registration of the kabala but they refused to do so and, hence the suit. 3. The defendant No.3 appeared in the suit and filed written statement de......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ...... filed written statement denying all the material allegations of the plaint contending that the baina patra in question is forged and created, as such the suit is liable to be dismissed. 4. At the trial the plaintiff side examined two witnesses and exhibited some docuÂments to prove her case whi......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Renu Begum...................................Plaintiff-Appellant-Petitioner Vs. Khandokar Enamul Mowla and ors.......Defendant-Respondent-Opposite Parties Judgment July 20, 20..Category: Property Law | Date: | Hits: 74
State Vs. Jabbar, 2010, 39 CLC (AD)
....17 witnesses but the defence examined none. The Druta Bichar Tribunal on assessment of the evidence on record found the accused respondent and 5 others guilty of the charge and sentenced them to imprisonment for life with a fine of Tk.20,000/- each in default to suffer rigorous imprisonment for thre......htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ...... judgment and order dated 2.12.2008 passed by the High Court Division in Criminal Appeal No.6459 of 2007.) Judgment Surendra Kumar Sinha J. - Respondent Jabbar along with five others was put on trial before the Druta Bichar Tribunal No.1, Dhaka in Druta Bichar Tribunal Case No.9 of 2007 to fac......ney General, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.33 of 2009. (From the judgment and order dated 2.12.2008 passed by the High Court Division in Criminal Appeal No.6459 of 2007.) ..Category: Criminal Law | Date: | Hits: 53
Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)
....o.375 of 2007, in the Fifth Court of Senior Assistant Judge, Chittagong, prayÂing for a decree for partition of the suit-land, with a further prayer for declaration of their title. The petitioners also filed an application for an order of injunction to restrain the defendant Nos. 2, 3 and 39-42 fro......ng on behalf of the petiÂtioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......ng on behalf of the petiÂtioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......eme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Sanowara Begum and others……………………............Petitioners Vs. Mohammad Rashedul Hoque and othe..Category: Administrative Law | Date: | Hits: 166
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....om Abdur Rashid, Mamtaz Begum and others who got the same from Shahida Begum. Said Shahida Begum claimed to have purchased the suit land by registered deed dated 4th July, 1974 from Asrafuddin, who also claimed to have purÂchased from Brajabashi. The defendants, on the other hand, claimed to have p......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......urÂchased the suit land by registered deed dated 8th January, 1979 from Shahida Begum. Therefore, both the parties admitÂted that by purchase Shahida Begum was the owner of the suit land. 3. The trial Court on consideration of the evidence on record held that the plaintiffs failed to prove thei......preme Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Abu Syed Khan being dead his legal heirs; 1(a) Shahida Khatun and others……...Petitioners Vs. Humayun Kabir and another……………………………â..Category: Property Law | Date: | Hits: 73
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
..... Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 02.12.2008 passed by the High Court Division in Civil Revision No. 1340 of 1999 making the Rule absolute and setting aside the judgÂment and decree dated 31.01.1999 passed by the learned Additional......ts could not prove their document by bringing the volume in respect of the said deed. It appears that in pursuance of an application for calling the volume from the sub-registry office the volume was called for and the High Court Division examined the same and found that the deed No.3605 dated 16.11......ecific Relief Act and by the principles of estoppel waiver and acquiescence and also by res judicata. There was no cause of action for filing the suit and the suit was barred by limitation. 5. The trial court decreed the suit and on appeal the judgment of the trial court was affirmed and the appe......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abu Musa Bhuiyan and another……………….........Petitioners Vs. Mohammad Ali alias Alimullah and others ..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
....ted 07.08.1956. According to the partition deed, Ashi Md. Sheikh alias Asiruddin got 10 decimals of land of plot No.8066 and 22 decimals of land of plot No. 8067, in total, 32 decimals of land and he sold the said 32 decimals of land to Md. Jahedul Hoq and Md. Mazedul Hoq by two regisÂtered deeds. ......dings of the Court of appeal below. The findings arrived at and the decision made by the High Court Division are based on proper appreciation of the materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This ......l District Judge, Thakurgaon for hearing. 10. After hearing the parties, the Appellate Court allowed the appeal by the judgment and decree dated 16.09.2007 reversing the judgment and decree of the trial court. 11. Being aggrieved by the aforesaid judgÂment and decree dated 16.09.2007 passed b......ADC (2011) 421. ..Category: Property Law | Date: | Hits: 79
.... property automatiÂcally stood vested in Bangladesh Government.
4. Subsequently as per letter of the Bangladesh Government dated 10.7.1973, in total 175 Jute Godowns and 14 Jute Press houses were sold out to the former Jute Trading Corporation vide registered Deed No.19943 dated 29.6.1974 which ...... to prove his title to suit land. The findings of the trial court and the High Court Division are based on proper assessment of the evidence, both oral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This ......enancy and subsequently on the basis of agreement for purchase under Section 153 of the Transfer of Property Act it could not be held that he is in unlawful possession of the property and as such the trial Court as well as the High Court Division ought to have held that the plaintiff-petitioner is i......Hussain…………………………………………..Petitioner
Vs.
Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others ...............Respondents
Judgment
March 9, 2011.
Lawyers Involved:
Abdul Wa..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....a Kumar Sinha J. - In this appeal leave was granted on two points. The first point is that if two sale deeds are executed by the same vendor in respect of the same lands in favour of two different persons on two different dates and if the deed which was executed subsequently was registered earÂlier......e not unmindful that this Court is loath to interfere with the findings of fact arrived at by the High Court Division, but where the High Court Division failed to interfere when such interference was called for, or where on the evidence on the record no Court could, as a matter of legitÂimate infer......ough Court. His further case is that the plaintiff’s deed of agreement for sale dated 27th March, 1984 is ante-dated and collusive one, created for the purpose of grabbing the suit lands. 4. The trial Court on assessment of the evidence on record decreed the suit. On appeal by the defendant fro......e Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Alimuzzarnan (Reza) and others..........................Appellants Vs. Md. Masudar Rahman @ Babul and others........Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
....med J Md. Habibul Gani J The State……………………………………………………Petitioner Vs. Kazol ……………………………………………………Condemned Prisoner Judgment February 20, 2011. Cases Referred To- Bhola Vs. State 55 DLR (2003), 36; ......, thereafter, that Taposh is reported to have been declared dead. The informant eventually deposed as P.W.3 reiterating generally the facts as stated in the F.I.R. commencing with his son having been called away from home by the accused persons and later P.W.12 Hira having come and informed him of T......s and circumstances there is further ground to establish an element of a guilty mind given that the Condemned Prisoner must by now be in the know about the arrest of the other accused persons and the trial faced by them. Against that backdrop, this Court finds that Kazol’s continued absconsion wit......Involved: A.M. Md. Azizul Haque, Advocate-For the Condemner Prisoner/ State Defense Lawyer. Bhishmadev Chakrabortty, Deputy Attorney General with Atiqul Haque (Salim) Assistant Attorney General and Abu Saleh Md. Fazle Rabbi Khan, Assistant Attorney General-For the State. Death Reference No..Category: Criminal Law | Date: | Hits: 106
Pradip Kumar Malakar Vs. Birendra Chandra Malakar and others, 1993, 22 CLC (HCD)
.... impugned order after remand of the suit by the lower appellate Court to consider the application for withdrawal of the suit. In my opinion the lower appellate Court committed serious error of law in so directing after the suit was already decreed by the trial Court. On merit the impugned order does......trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 422.......uit. The order is dated 26.5.1991. 2. Mr. Md. Fazlul Haque, submits that the order is misconceived upon an application filed after remand of the suit by the lower appellate Court in as much as the trial Court having had already decreed the suit there was no scope to withdraw the suit in that the ......) (1993) 422...Category: Procedural Law | Date: | Hits: 72
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
.....720 of 1990. Judgment Badrul Islam Chowdhury J.- This Rule arises out of an order dated 28.3.90 passed by the Assistant Judge, First Additional Court Dhaka in Title Suit No.93 of 1990 the suit so renumbered after its transfer from the 1st Court of Assistant Judge Dhaka where the suit was numb......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......in the decision causing failure of justice by refusing the prayer for local inspection. Therefore, the Rule is made absolute without cost. The impugned order dated 28.3.90 is hereby set aside and the trial court is directed to allow the prayer for local inspection as had been prayed for and to take ......993) 419. ..Category: Property Law | Date: | Hits: 80
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....he post of President on 6.12.90 at about 3‑00 PM. He was staying at the Senabhaban at Dhaka Cantonment which is his official residence. After resignation he stayed there for 6 days. Thereafter, for some reasons he was removed from said residence at half past three in the afternoon on 12th December......e the police station. This brings one to the next second scene of the first act of the drama when the officer in charge goes off riding his horse or on foot to investigate on first going to the place called PO. The drama then moves to the second act of the drama which may show the inquiry. Then it g......blic Servant from the Presidents Secretariat vide letter dated 16.2.91. 3. The court took cognizance of the case on 23.2.91 and the charge was framed against the former President HM Ershad and the trial proceeded to which HM Ershad pleaded not guilty. It appears that the Jatiya Party in the meant......ammad Ershad……………. Petitioner Vs. State……………....Opposite Party Judgment January 21, 1992. Cases Referred To- Public Prosecutor, Madras Vs. Chockalingarn Ambalarn and another, 1929 I.C. 274; ldris Howlader and another Vs. State, 38 DLR 233 & 35 DLR 422, AIR 1..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....the BaniaÂchang Police Station alleging commission of offence under sections 147/148/149/302/324/114/427 of the Bangladesh Penal Code read with section 1(24) of the Cattle Trespass Act against 16 persons and the case being GR Case No.30185 was registered in the Court of Upazila Magistrate Baniachon......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......ith the case or, whether he shall send the case to the Court of Sessions. It is also held that only the Magistrate has the jurisdiction to decide whether all or some of the accused are to be sent for trial after enquiry. 13. In the case reported in 1987 BCR 244 it was found that refusal to take c......Ebadur Rahman……………….…..Petitioners. Vs. 1. Kuti Miah 2. State..................Opposite Parties Judgment March 13,1991. Cases Referred To- Abdus Salam Master and another Vs. State, 35 DLR 140; Nur Mohammad & others Vs. State, BCR (1987) 244 (9 & 16);..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....sted the case by filing written objection contending, inter alia, that the case is barred by time, that it suffers from defect of parties and that the opposite party has gifted the suit land to his 4 sons by registered Heba‑ bil‑ewaz dated 1.7.77. 5. Both parties led evidence in support of th......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......taken before the learned District Judge, Joypurhat, and the appeal on transfer was heard by Subordinate Judge, Joypurhat, who on re‑appraisal of evidence on record concurred with the finding of the trial Court and dismissed the appeal. 7. Being aggrieved by the order passed by the 1st Appellate......uth, Advocates-For the Opposite Party. Civil Revision No.100 of 1988 (Dhaka) Civil Revision No.252 of 1985 (Rangpur) Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 29.4.85 passed by the learned Subordinate Judge, Joypu..Category: Property Law | Date: | Hits: 81
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....of 1988 was stayed. The order of rule and stay was passed around 11-00 AM and the petitioner's learned Advocate Mr. Md. Abdur Rahim issued a certificate to this effect on the printed pad of the Bar Association of this Court which is quoted below: SUPREME COURTÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â ......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ...... ..Category: Criminal Law | Date: | Hits: 84
....eir further case was that the plaintiffs fraudulently converted this blank stamp‑paper into a deed of agreement and instituted the suit. It is their further case that the defendant No.1 transferred some lands to a third party.
5. The learned trial Court after believing the alleged story of cont......se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98....... on 20.5.85 in Title Appeal No.2 of 1985 whereby he set aside the judgment and decree passed by Subordinate Judge, Munshiganj on 27.8.82 in Title Suit No.71 of 1981.
2. The Suit before the learned trial Court was for specific performance of contract.
3. The case of the plaintiffs was that the ......This Case is also Reported in: 44 DLR (HCD) (1992) 98...
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
....suing show cause as to why the principal opposite parties 1 to 3 (Petitioners before this Court) should not be removed from Trusteeship of the Gakul Chandra Roy Trust Estate and why other suitable persons should not be appointed as Trustees in their place and also to direct them to retain the accoun......ramed together and the same be decided in a single trial and that framing issues on point of law alone being an exception to this general rule, the exception can be taken recourse to when the same is called upon in the interest of justice. The Court below acted rightly in rejecting the prayer for fr......aw on which the entire suit may be disposed of, it is the duty of the Court to try that issue first at the earliest opportunity so that the Court may not be unnecessarily bogged down in a complicated trial of the issue of fact requiring much time and involving heavy expenditure." 5. Mr. Khan......ds vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96...Category: Procedural Law | Date: | Hits: 62
....nter alia, that the suit land originally belonged to one Abdul Gafur Khan who in turn transferred 10.50 decimals of land by two registered deeds in favour of Hazera Nazrul who by two registered deeds sold to the plaintiffs and delivered possession. The plaintiffs initiated their names and paid rents...... of the records from this Court. Send the LC records at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 94.......e and has been enjoying the possession thereof. So the plaintiffs have got no tide.
4. After considering the oral as well as documentary evidence in support of the possession of the plaintiffs the trial Court came to a definite finding that the plaintiffs have been able to prove their possession ......This Case is also Reported in: 44 DLR (HCD) (1992) 94...
Category: Property Law | Date: | Hits: 72
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....as Akhtar Ali and No.2 Md. Amir Ali by his judgment and order dated 13.2.90 under Chuadanga Sessions Case No.42 of 1988 convicting them under sections 302/34 of the Penal Code. 2. The condemned prisoners also have preferred an appeal being Criminal Appeal No.139 of 1990 against the judgment and o...... and supervision of the very Sub‑Inspector who had conducted the investigation and had earlier suspected and, according to the accused, actually arrested three other persons and two of them are now called as to prosecution witnesses to depose against the appellant about a matter on which the prose......Md. Abdul Wahab, Officer in Charge of the police station lodged FIR on 3.5.87. 4. The police after investigation submitted charge sheet and the condemned prisoners along with others were placed on trial before the Additional Sessions Judge, Chuadanga being charged under sections 302/34 of the Pen......) 83. ..Category: Criminal Law | Date: | Hits: 110
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....1 alleging, inter alia, that various incidents of offences alleged to have been committed by the petitioner and the accused No.1-Gias Uddin Al Mamun from 01.01.2003 to 31.05.2007; that the accused persons in collusion with each other having earned directly by illegal means an amount of Tk. 20,41,25,......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......om one Begum Khadija Islam, Chairman of Nirman Construction with assurance that an work order would be awarded to her for construction of an eighty (80) MW capacity power station in Tongi, BISIC Industrial Area through his close friend and business partner Tarique Rahman, the petitioner and being in......……………………………………………………………………………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others…Respondents Judgment..Category: Civil Law | Date: | Hits: 238
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