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Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....aneous Case No.1 of 2000 in the Court of Senior Assistant Judge, Additional Court, Comilla under Order 9 Rule 13 of the Code of Civil Procedure stating that she is a co-sharer in the suit schedule land but no notice/summons of the Partition Suit and Title Appeal was served upon her. In the said ...... Vs. Md. Idris Mia son of late Korban Ali and others…………………Defendant-opposite parties Judgment July 14, 2010. Result: The Rule is made absolute. Cases Referred to- Harunor Rashid Talukder Vs Md. Mahbubur Rahman Talukder and others, 1 MLR (A......urt's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ...... Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
....the schedules thereto.
28. Imposition and execution of extra-judicial penalties including those in the name of execution of Fatwa is bereft of any legal pedigree and has no sanction in laws of the land.
29. Article 31 of the Constitution states:
"Right to protection of law.- To enjoy the pr......ers (In Writ Petition No. 4275 of 2010).
Vs.
Government of Bangladesh and Others………………………..Respondents.
Judgment
July 8, 2010.
Result:
Rules are made absolute.
Case Referred to-
HM. Ershad v. Bangladesh, 2001 BLD (AD) 69.
Lawyers Involved:
Ms. Sara Hos...... of the Writ Petition and the application for direction. A few of them are stated below:
5. The petitioners came to learn from a newspaper report published in "The Daily Prothom Alo" on 24.5.2009 that a woman in Noagoan village, Biteshor Union, Daudkandi Upazila, Comilla had been subjected to 39 ......s Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....availed loan facility from the branch of the defendant No.1-Bank, and still there is transaction between the plaintiff and the said branch of the defendant No.1 but the plaintiff did not mortgage his land against the said loan and did not make himself guarantor for any loan sanctioned in favour of a......sult: The appeal is dismissed. Section5-7 of Artha Rin Adalat Ain, 1990 enjoys immunity from challenge Sections 5-7 of the Artha Adalat Ain, 1990 provides that, no judgment and decree passed by the Artha Rin Adalat can be challenged in any court of authority excepting filing appeal. .......sp; Result: The appeal is dismissed. Section5-7 of Artha Rin Adalat Ain, 1990 enjoys immunity from challenge Sections 5-7 of the Artha Adalat Ain, 1990 provides that, no judgment and decree passed by the Artha Rin Adalat can be challenged in any court of authori......BLC (HCD) (2013) 301. ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......t shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......…………Opposite party Judgment May 30, 2010. Result: The rule is discharged. The Negotiable Instruments Act, 1881 (Act No. of XXVI of 1881) Section 123 (A) (2) (a) provides that once a cheque is crossed as 'account payee' it ceases to be negotiable, but it does not cease to......t No. of XXVI of 1881) Section 123 (A) (2) (a) provides that once a cheque is crossed as 'account payee' it ceases to be negotiable, but it does not cease to be a negotiable instrument. In other words, an account payee cheque retains its Character, as negotiable instrument and filing of petition..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....for 6 (six) months more. 2. The prosecution case, as stated by the P.W.1 informant, are that, on 18-10-1998 at about 10-00 AM while his brother deceased Abul Hashem was clearing weeks from paddy land at a distance of 100 yards from his homestead accused Abul Hashem having been passing away from......in: 18 BLC (HCD) (2013)16. ......Criminal Procedure, 1898; Section 161 When to take an Adverse Presumption- In a case where there is no eyewitness or there is hardly any circumstantial evidence it is essential that the persons who are the next door neighbours or lived near the place of occurrence should be exa......llowed. The Evidence Act, 1872; Section 114(g) The Code of Criminal Procedure, 1898; Section 161 When to take an Adverse Presumption- In a case where there is no eyewitness or there is hardly any circumstantial evidence it is essential that the persons who are the nex..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....and decree dated 10-5-2003 passed by the learned Joint District Judge, Narsingdi decreeing Title Suit No.93 of 1999 for specific performance of a contract. 2. Plaintiff's suit, is that, the suit land was acquired by defendant No.1 by his own fund for his benefit, but some of the deeds were regi......the bainapatra is executable then next, a decree must be awarded for execution and registration of the same. If there be any ambiguity in executing the same, the Court then lifts its hands off to pass a decree. A contract is specifically enforceable when it is a concluded contract, it contains a......, 2010. Result: The appeal is allowed. In a suit for specific performance of a contract, the prime consideration is the bainapatra i.e. the agreement itself. If it is found that the bainapatra is executable then next, a decree must be awarded for execution and registration......ndant-Appellants Vs. AKM Zakir Hossain and another………………………Respondents Judgment May 12, 2010. Result: The appeal is allowed. In a suit for specific performance of a contract, the prime consideration is the bainapatra i.e. the agreement..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....s relevant for disposal of the appeal are that respondent No.1 as plaintiff instituted other class suit No.398 of 1981 for a declaration of title, interest and possession of the plaintiff in the suit land was subsisting as owner interest and possession of the plaintiff in the suit land was subsistin......dul Islam J Md. Rais Uddin J Bangladesh, represented by the Deputy Commissioner, Sirajgonj……………………Appellant Vs. Raj Rajashore Cakra Narayan Jiue Deity and others…………………&h......and decree dated 31.12.1985 passed by the learned Joint District Judge, Sirajgonj in Other Class Suit No.398 of 1981, dismissing the suit. 2. Short facts relevant for disposal of the appeal are that respondent No.1 as plaintiff instituted other class suit No.398 of 1981 for a declaration of tit...... Islam J Md. Rais Uddin J Bangladesh, represented by the Deputy Commissioner, Sirajgonj……………………Appellant Vs. Raj Rajashore Cakra Narayan Jiue Deity and others…………………&hell..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
....t the trial Court below
ought to have considered that the defendant Nos.1-3 appointed their attorney
Md. Nurul Haque Sheikh by a registered power of attorney dated 22.6.2000 in
respect of the suit land for executing registered kabala in favour of the
plaintiff and thus, for effective and complet......HCD) (2012) 409. ......
application under Order I Rule 10(2) of the Code of Civil Procedure for
addition of party should not be set-aside.
2. Material facts of the case as
necessary for the disposal of the Rule are that the present petitioner as
plaintiff instituted Title Suit No.122 of 2001 in the Court of 4th Su......Code of Civil Procedure, 1908 (V of 1908); Order I Rule 10(2)
Addition of party
In exceptional facts and
circumstance, if the presence of a stranger to the contract is necessary for
effective and complete adjudication of the issues and to avoid multiplicities
of suit and proce..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....1999 in the Court of the then Subordinate Judge, 2nd Court, Narayangonj impleading the opposite party Nos.1, 3-71 as defendants praying for declaration of title in respect of 7.50 and 3.50 acres of land as described in the schedule of the plaint on the averments that the plaintiffs have got right......by the Deputy Commissioner, Narayangonj and others………………………………………Opposite parties Judgment April 28, 2010. Result: The Rule is made absolute. Cases Referred to- 42 DLR (AD) 234; 1 BCR 131; AIR 1968 (Guj) 301. Lawyers Involved: ......f the Code of Civil Procedure and thereby restoring Title Suit No.241 of 1999 after setting aside the ex-parte decree dated 24.6.2008 should not be set-aside. 2. Relevant facts, in short, are that the present petitioners and opposite party Nos.72-78 as plaintiffs instituted Title Suit No.24...... April 28, 2010. Result: The Rule is made absolute. Cases Referred to- 42 DLR (AD) 234; 1 BCR 131; AIR 1968 (Guj) 301. Lawyers Involved: Probir Haider, Advocate - For the petitioners. Arobinda Kumar Roy, Assistant Attorney-General - For the opposite parties...Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....Title Suit No.351 of 1994. 2. Plaintiffs instituted the suit for declaration of 16 annas title over the property described in the schedule to the plaint. It is the plaint case that the suit land along with other lands were belonged to Krishna Chandra Das, Kali Charan Das, Dagu Charan Das a..............Appellants Vs. State and others..............................Respondents Judgment April 26, 2010. Result: The appeal is allowed. No property can be declared as enemy or abandoned property after 1969 As per decision of the Appellate Division no property...... Reported in: 18 BLC (HCD) (2013) 106. ......ppellants Vs. State and others..............................Respondents Judgment April 26, 2010. Result: The appeal is allowed. No property can be declared as enemy or abandoned property after 1969 As per decision of the Appellate Division no property can be d..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......d in: 17 MLR (HCD) (2012) 416. ......oner No.1 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. The facts relevant for the disposal of this rule, in short, is that one Kazi Md. Ataur Rahman (Boro Babu) being informant lodged an F.I.R. with the Syedpur Police s......hellip;…………………………Opposite party Judgment April 12, 2010. Result: The rule is discharged. Status of post mortem report when there is eye witness The post mortem report is not a conclusive evidence. It ..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
.... plaintiff instituted Title Suit No.15 of 2002 in the third Court of Assistant Judge, against defendants for declaration of title and declaration that vested property proceedings in respect of suit land is illegal, void and not binding upon him. The trial Court by the Judgment and decree dated 01-......ase is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......atnama duly signed by the concerned authority of the Government and without their instruction, it cannot be treated as proper appearance in suit by the Government where there is an allegation that summons were shown to have been served upon them…………………………….(11) Th......lication under Order IX rule 13 of the Code two questions are primarily to be answered: (a) Whether summons were duly served on the defendant, and (b) Whether the defendant has sufficient cause for non appearance in spite of the service of summons on him. Mere appearance of the Government Plea..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....andra Vs. Abdul Khaleque, 27 DLR (AD) 114, is a case under section 24 of the Non-Agricultural Tenancy Act, where plaint was sought to be amended as; 'Since a co-sharer tenant of non Tagricultural land is entitled to apply for preemption under section 24 of the Non-Agricultural Tenancy Act, it do...... allow an amendment which would have the effect of totally altering the nature of the suit or of taking away a valuable right accrued by lapse of time, but where in the circumstances of a particular case it would be plainly inequitable to refuse such a relief this Court will not hesitate to do what ...... taking away a valuable right accrued by lapse of time, but where in the circumstances of a particular case it would be plainly inequitable to refuse such a relief this Court will not hesitate to do what the Judicial Committee did………………........ (33) Add......dismissed. Amendment of Pleadings In exercising this power the Supreme Court would be reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of taking away a valuable right accrued by lapse of time, but where in the circumstances of a par..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....103; Mahmuda Rahman Vs. Bangladesh, 49 DLR 133; Bhazan Lal Vs. The State, AIR 1992 (SC) 604; R Vs. Lowle 1759; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex p Read, 1942 1KB 281; Leech Vs. Deputy Governor of Parkhu...... Ed. This Case is also Reported in: ......ladesh Secretariat, Ramna, Dhaka and others…......................Respondents Judgment March 9, 2010. Result: The Rule is made absolute. Cases Referred To- Parichhat Vs. State, AIR 1972 SC 535; Nazrul Islam Vs. The State, 50 DLR (SC) 103; Mahmuda Rahman Vs. Bang......rhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporations and others, 55 DLR (AD) 23; R Vs. Lowle 1759; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1KB 281; Leech Vs. Deputy Governor of Pa...... Ed. This Case is also Reported in: ......ীতি দমন ব্যুরো বাংলাদেশ, ঢাকা। ২৭-৩-২০০২ 2. The afore reproduced First Information Report (FIR) was not the only one that was filed in respect to the event stated therein, two other FIRs were also filed, invoking more ......anuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... March 4, 2010. Result: The Rule is made absolute. Case Referred to- R Vs. Lowle 1759; Groenvelt Vs. burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1 KB 281; Leech Vs. Deputy Governor of P...... Ed. This Case is also Reported in: ......োঃ-৩) দুর্নীতি দমন ব্যুরো বাংলাদেশ, ঢাকা। 2. The afore reproduced First Information Report (FIR) was not the only one that was filed in respect to the event stated therein, two other FIRs were also filed, invoking more ......hanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
.... of every effort taken to train police, judiciary and other personnel involved in the juvenile justice system, it appears that still there are police officers who are ignorant of the basic law of the land. She submits that it is apparent from the First Information Report (FIR) that at least two of t......ed in detention in any certified institute in accordance with the law. Certainly the children wing in the prisons are not meant to be used for children who are kept on remand or simply kept overnight as a place of safety. . . The law requires that children kept in any confinement, must be kept separ......tariat, Dhaka and others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with observations. The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of t......nd others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with observations. The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal Code, ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....on. The sale certificate was duly registered and thereafter the decree holder submitted an application on 26.4.2004 seeking for getting delivery of possession through Court in the auction purchased land and accordingly the executing Court issued writ of delivery of possession by order dated 26.4......on 3 The General Clauses Act, 1897 (Act No. X of 1897); section 5 Whether the Bankruptcy Act, 1997 is a retrospective legislation? The purpose of promulgation of the Bankruptcy Act was only for easy disposal of loan cases between financial institution granting loan and the loanee....... out of normal civil suit. So far the question of jurisdiction of the Bankruptcy Court is concerned the section 38 of the Code of Civil Procedure is the guiding principle. This section 38 provides that the Court decreeing the suit is the Court for executing the decree unless his jurisdiction is t......………Petitioners Vs. Md. Abdur Rahman Siddique and others………………………….Opposite Parties Judgment February 25, 2010. Result: The leave granting order is made absolute. The Bankruptcy Act, 1997 (Act No. 10 of 1997); section 3 ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....No.1 filed Preemption Miscellaneous Case No.5 of 2002 in the Court of Assistant Judge, Mirsarai Sadar, Chittagong, under section 96 of the State Acquisition and Tenancy Act for preemption of the case land, stating, in short that the total land under B.S. khatian No.1196 belonged to Jabeda Khatun, Md......) Present: Faruque Ahmed J Mosammat Rehana Akhter.............................petitioner Vs. Rizia Begum and others...............................opposite parties Judgment January 13, 2010. Cases Referred To- Kutu Chand Miah Vs. Rabindra Kumar Deb and others, 22 DLR 29; Md. Khairullah Bhui......rties Judgment January 13, 2010. Cases Referred To- Kutu Chand Miah Vs. Rabindra Kumar Deb and others, 22 DLR 29; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs Amena Khatun and others, 35 DLR (AD) 338. Lawyers Involved: Abdul Quayum with Sk. Md. Morshed-For the pet......ra Kumar Deb and others, 22 DLR 29; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs Amena Khatun and others, 35 DLR (AD) 338. Lawyers Involved: Abdul Quayum with Sk. Md. Morshed-For the petitioner. Md. Omar Faruque-For the opposite parties. Civil Revision No.1702 of 20..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and possession and dispossession from the suit land. .....................(11)
Cases Referred to-
2 BLC (AD) 134; 4 BLC 310.
Lawyers......d.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and possession and dispossession from the suit land. .....................(11)
Cases Referred to-
2 BLC (AD) 134; 4 BLC 310.
Lawyers Involved:
Md. Serajul Haq - For......Joint
District Judge, 2nd Court, Dhaka, against the defendants petitioners and the
opposite party Nos. 3-9, praying for declaration of title in respect of Ka
schedule land and further declaration that Kha schedule Heba deed is illegal,
void, inoperatives, not binding upon plaintiffs and for reco......ul Jabbar being dead his heirs Md.
Nurul Amin and others………………………Opposite Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and posse..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
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