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Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
.... J.- Aleya Begum (P.W.1) came to the local Police Station on 11-6-91 at 2-15 PM and lodged the FIR stating that an ox owned by Maniruddin Matabbar entered into the jute field of her eldest brother-in-law Sadak Molla and started damaging the jute crop whereupon Sadek went to the field, caught hold of...... Assistant Attorney-General — For the State. Criminal Appeal No.431 of 1993. Judgment Mohammad Gholam Rabbani J.- Aleya Begum (P.W.1) came to the local Police Station on 11-6-91 at 2-15 PM and lodged the FIR stating that an ox owned by Maniruddin Matabbar entered into the jute field of he......4, 326, 302, 114 of the Penal Code. Subsequently, charge sheeted accused persons were placed on trial before the Court of Sessions Judge, Faridpur, in Sessions Case No.70 of 1991. By the judgment and order dated 1-12-92 learned Sessions Judge convicted Humayun under section 302 of the Penal Code and..Category: Criminal Law | Date: | Hits: 108
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....o.DA-37/80/681-Acqiun dated 27-10-86 (Annexure-G), the notice dated 2-9-87 (Annexure-H) and the notice dated 24-10-87 (Annexure-J) to the petition should not be declared to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties w......Court High Court Division (Special Original Jurisdiction) Present: Mahfuzur Rahman J MA Aziz J Nurjahan Begum……........Petitioner Vs. Government of the Peoples Republic of and others..............Respondents Judgment May 19, 1998. Case Referred To- Md. Shoai...... being constructed by Dhaka Municipal Corporation and Dhaka Municipal Corporation threatened the petitioner with dispossession and as such, the Corporation has been impleaded as respondent No.4 by an order of this court dated 25-4-88. It is stated that this Court directed the parties to maintain sta..Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....2 of 1993 pending in the First Court of Additional Judge, Sadar Chittagong. 3. Abdul Momen Chowdhury, the learned Advocate appearing for the petitioner, has submitted that the Court below erred in law in rejecting the application under Order 21 rule 29 read with section 151 of the Code of Civil P......ase is also Reported in: 51 DLR (HCD) (1999) 425.......resent: Md. Fazlul Karim J Zagir Hussain ………........Petitioner Vs. Aminul Haque and others………………. Opposite Parties Judgment May 4, 1999. Result: The impugned order is set aside. Cases Referred to- Sunahar Ali Vs. Akuali, PLD 1957 (Dhaka) 603; Narsid..Category: Procedural Law | Date: | Hits: 178
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....additional written statement without assigning any reason. 5. The question that has arisen in the facts and circumstances of the case is, as to whether the trial Court has acted in accordance with law in accepting the additional written statement. Order 8 rule 9 of the Code of Civil Procedure dea......s plaintiff filed Title Suit No.164 of 1977 which was subsequently renumbered as Title Suit No.159 of 1984 on transfer. The aforesaid suit is for specific performance of contract of sale of the suit land. The petitioner has alleged in the plaint that the predecessor-in-interest of the defendant-oppo...... Petitioner. Not Represented —For the Opposite party. Civil Revision No.37 of 1990. Judgment Md. Joynul Abedin J.- This Rule obtained by the plaintiff-petitioner is directed against the order dated 17-10-1989 passed by the Assistant Judge in Title Suit No.159 of 1984 accepting the addi..Category: Procedural Law | Date: | Hits: 148
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......— For the Opposite Party. Civil Revision No.1386 of 1998. Judgment Md. Ali Asgar Khan J.- This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 27-4-98 passed by the learned Senior Assistant Judge, Daudkandi, Comilla in allowing......For the Opposite Party. Civil Revision No.1386 of 1998. Judgment Md. Ali Asgar Khan J.- This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 27-4-98 passed by the learned Senior Assistant Judge, Daudkandi, Comilla in allowing Mis..Category: Procedural Law | Date: | Hits: 131
....contract. Against this judgment and decree, defendant No.1 has preferred this appeal.
4. Mr. MI Farooqui, learned Advocate for defendant No.1 appellant, has submitted that the Court below erred in law in not holding that the suit was not properly constituted because the Government, though a neces......
High Court Division
(Civil)
Present:
Md. Abdul Karim J
Md. Ali Asgar Khan J
Yousuf (Md.)…….......Appellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is d......ppellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is dismissed without any order as to costs.
Cases Referred to-
Sankara Lings Vs. Ratnaswami, AIR 1952 Madras 389; Qazi ..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....aforesaid order of transfer of the said suits, the petitioners filed the revisional applications in this Court and obtained the present rules. 6. In these Rules a very important common question of law is involved. The question is whether in view of section 5 of the Civil Courts (AmendÂment) Ordi...................Petitioner Vs. Ismail Hossain Akhond & others.......................Opposite Party Judgment April 27, 1989. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and AppelÂlate Election Tribunal, Bhola and ors, 38 DLR (AD) 1972; 6 DLR (FC) 56; 11 DLR (SC) 200; ....... Kaiseruddin Ahmed, Deputy Attorney General - Amicus curiae. Civil Revision No.285 of 1988 with 520 of 1988. Judgment Muhammad Ansar Ali J.- These two Rules arise out of the same and one order, namely, Order No.55G dated 19.5.87 passed by the learned District Judge, Bogra by which about..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....8.88 the petitioner obtained a Rule Nisi calling upon the respondents to show cause as to why the aforesaid proceeding before the Election Commission shall not be declared to have been passed without lawful authority and to be of no legal effect. 6. During the pendency of the aforesaid Rule Nisi ...... Vs. Election Commission & others..........................................Respondents Judgment May 2, 1989. Result: The Rule is made absolute. Case Referred to- Kanta Devi and another Vs. State of Rajasthan and others, AIR 1957 Rajasthan 134. Lawyers Involved: Syed ......on before the Election Commission stating that polls on 10.2.88 at Chapair High School polling centre at ward No.3 was disturbed and re-poll should take place there. The Election Commission passed an order on 18.6.88 reÂjecting the prayer of the respondent No.4 and acceptÂing the report of the Pre..Category: Election Law | Date: | Hits: 216
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
.... respondent No.6 Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, UpazilÂla Debhata, District Satkhira shall not be declared to have been passed without lawful authority and as to why the election of Chairman held on 10.2.88 at the said Union Parishad s......Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, UpazilÂla Debhata, District Satkhira shall not be declared to have been passed without lawful authority and as to why the election of Chairman held on 10.2.88 at the said Union Parishad should not be decl......of 1988. Judgment Mustafa Kamal J.- This Rule Nisi obÂtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 13.1.88 Annexure B passed by the Upazilla Nirbahi Officer, respondent No.5 allowing resp..Category: Election Law | Date: | Hits: 220
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....lam, the learned AdvoÂcate appearing for the petitioners submits that the orÂder of the learned Sessions Judge passed on 14.3.88 extending the period of investigation upto 17.2.88 is illegal as the law does not authorise the Sessions Judge under sub-section 6 of section 167 Cr.P.C to extend the pe......of accused petitioner Md. Anwar Hossain Maji, 22 acÂcused persons named in FIR along with about 100 others came to the village of Narsinghapur all on a sudden being armed with various deadly weapons and started beating women inmates by entering into difÂferent houses. They took away cash money, or......Civil Revision No.392 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This is an application by six accused petitioners for issuing a Rule upon the respondents to show cause why the order dated 14.3.88 passed by the Sessions Judge, Shariatptur in Criminal Misc. Case No. 90 of 1987 ..Category: Procedural Law | Date: | Hits: 127
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
.... that the land being ejmali property and other co-sharers being in possession jointly with the plaintiff-opposite party the decree for permanent inÂjunction for the entire land is not sustainable in law as because a co-sharer cannot deprive other co-sharers from enjoyment of the property and, the p......ners Vs. Abdul Alim……………………………..................Opposite Party Judgment December 12, 1988. Result: The Rule is discharged Cases Referred to- Ahmed Miaji and others Vs. Eakub Ali and others, 12 DLR 708; Muhammad Muzaffar Khan Vs. Muhammad Yusuf Khan, 11 ......find any reason whatsoever to inÂterfere with the judgment and decree impugned before me. I affirm the judgment and decree of the lower apÂpellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408...Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....and possessed by the defendant No.1. 5. Mr. Md. Abdus Sobhan, the learned AdvoÂcate appearing on behalf of the appellant, submits that the learned Subordinate Judge committed a seriÂous error of law in not taking into consideration the intrinsic ingredients of heba namely, offer, accepÂtance a......¦â€¦Appellant Vs. Monowara Begum (Mst.)........................Respondent Judgment March 28, 1989. Result: The appeal is dismissed Cases Referred to- Miaruddin Bhuiyah alias Chand Mia Vs. Saleh Meher Bibi and others 11 DLR 445; Shamshad Ali Shah and others Vs. Syed Hassan Sha......n material particulars, inter alia, that Sikder Saheb was not suffering from any death ailÂment. She also denied to have perpetrated any fraud or undue influence upon the said Abdur Rahman Sikder in order to obtain the Hebanama. She states in her written statement that Abdur Rahman Sikder out of hi..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....reupon Daroga did not take ejahar and went to the place of occurrence instead. He has further stated that at the time of lodging of the ejahar, Hakim Sikder's wife, five daughters, four sons, sons-in-law were present. It has also been brought out in the cross-examination of this witness that the Cha...... Tariq, Advocate-For the Appellant. S.B. Barua, Advocate — For the State. Criminal Appeal No. 447 of 1986. Judgment Daliluddin Ahmed J.- This appeal is directÂed against the judgment and order dated 15.7.86 passed by the Sessions Judge, Gazipur in Sessions Case No.167 of 1985 convic......iq, Advocate-For the Appellant. S.B. Barua, Advocate — For the State. Criminal Appeal No. 447 of 1986. Judgment Daliluddin Ahmed J.- This appeal is directÂed against the judgment and order dated 15.7.86 passed by the Sessions Judge, Gazipur in Sessions Case No.167 of 1985 convicting..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....morning of 8.11.87, informant's son Asheque Ali was cutting Amon paddy grown by him in the case land; that Asheque Ali purchased the land by kabala and grew the paddy but the accused-persons formed unlawful assembly and trespassed into the said land and started to cut and take away the paddy forcibl......2. The facts relevant for the disposal of the Rule may be briefly stated as follows: 3. That according to the prosecution, there is a Civil litigation between the informant Shahidul, son of Haji Khandaker Ahmed Ali and accused Asheque Ali, petitioner No.3 still pending in a Civil Court in respect......sheque Ali gave orÂder and then accused-petitioner Shahidullah, son of Joynal Abedin struck on the left hand of the victim. Amjad and accused-petitioner No.3 Asheque @ Md. Asheque Ali apart from his order, gave a ballam blow at the thigh and the abdomen of the said vicÂtim, and some other accused-..Category: Criminal Law | Date: | Hits: 74
.... family alone occupies it, that by itself affords no evidence of exclusion of other interested members of the family; Uninterrupted sole possession of such property, without more, must be referred to lawÂful title possessed by the joint holder to use the joint estate and cannot be regarded as an as.....................Opposite Parties
Judgment
August 8, 1989.
Result:
The Rule is made abÂsolute.
Cases Referred to-
Hardit Singh Vs. Gurmukh Singh, AIR 1928 (PC) 1; Abdul Jalil Sikdar and others Vs. Khorshed Ali Dakua and ors. 27 DLR (AD) 143.
Lawyers Involved:
S.R. Pal with Pa......ant No.3 illegally declared the suit land as vested property on 28.7.78 against which the plaintiff preferred an appeal to the Divisional Commissioner, Rajshahi who allowed the same and set aside the order of defendant No.3 on 5.8.78; that subsequently the Divisional CommisÂsioner reviewed his orde..
Category: Administrative Law | Date: | Hits: 488
Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
....mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391....... Vs. A. Wadud Khan & others…………………………..Opposite Parties Judgment August 6, 1989. Result: The Rule is made absolute. Case Referred to- Abdur Rahman Miji and another Vs. Abdul Wadud Mia and another, 2 PLR 287. Lawyers Involved: A. Wadud Khan & ......a Bhuiyan—For the Opposite Party No.3. Civil Revision No.353 of 1984. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against an order dated 21.5.84 passed by Mr. Shamsunnahar Begum, 6th Munsif, Dhaka in Miscellaneous Case No.105..Category: Procedural Law | Date: | Hits: 107
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....decree of the learned Munsif and sent the case back on reÂmand for fresh trial with certain observations for impleading. Khukiran Nessa and Halima Khatun in the suit and also for taking steps as per law as regards death of plaintiff No.2 Kudrut Ali. After remand the case was transferred to the Cour......posite Parties Judgment March 8, 1989. Result: The rule is made absolute. Cases Referred to- Rahim Baksha Gazi & ors. Vs. Enbar Gazi & ors, 22 DLR 500; Mohomedally Tyebally and others vs. Safiabai and others. Lawyers Involved: Hasan Foez Siddique, Advocate - For the ......plaintiffs also filed an application for substitution of the heirs of deceased plaintiff No.2 after setting aside abatement. The defendants, on the other hand, filed an apÂplication for recording an order of abatement as heirs of deceased plaintiff No.2 were not substituted withÂin the prescribed ..Category: Property Law | Date: | Hits: 98
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....te or Joint District MagisÂtrate and such Additional District Magistrate or Joint District Magistrate shall have all or any of the powers of a District Magistrate under this Code, or under any other law for the time being in force, as the Government may direct." So, unless the Government by orde...... of the Penal Code now pending in the Court of Upazila Magistrate, Trishal, District Mymensingh should not be set aside or such other or further order or orÂders passed as to this Court may seem fit and proper. 2. In this case informant Md. Yunus Ali lodged F.I.R. on 20.11.87 at Trishal P.S. all...... the State. Criminal Revision No. 335 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Mymensingh to show cause why the order of Mr. Sirajul Islam, Sessions Judge, Mymensingh passed on 22.9.88 in Criminal Revision No.186..Category: Procedural Law | Date: | Hits: 113
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
.... 4. Heard the learned Advocate Mr. Amjad Hossain, perused the application and the relevant deciÂsions cited at the Bar. The learned Advocate submitÂted that the Courts below committed an error of law in not granting a temporary injunction in a suit for permanent injunction in spite of the findin......Advocate - For the Opposite Party. Civil Revision No.636 of 1986. Judgment Anwarul Hoque Chowdhury J. - The Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the judgment and order dated 6.8.86 passed by the learned Subordinate Judge,......il Revision No.636 of 1986. Judgment Anwarul Hoque Chowdhury J. - The Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the judgment and order dated 6.8.86 passed by the learned Subordinate Judge, Mymensingh in Misc. Appeal No.124 of 198..Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....order dated 27.07.2011 (Annexure-B) of the Press Appellate Board, Bangladesh Press Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka- 1000 should not be declared to have been issued without lawful authority and is of no legal effect and a direction should not be issued upon respondent No.3......n……………………Petitioner Vs. Press Appellate Board, represented by it’s Chairman, Mr. Justice B.K. Das, Bangladesh Press Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka and others…………………Respondents Judgment November 23, 2011. Result: The Rule...... Choudhury J.- The Rule under adjudication, issued on 08.08.2011 was in following terms: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned judgment and order dated 27.07.2011 (Annexure-B) of the Press Appellate Board, Bangladesh Press Council of House ..Category: Others | Date: | Hits: 171
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