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Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......ther case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239....... offence as alleged but has been falsely implicated in this case. After examination of the witnesses the learned Sessions Judge passed the order of conviction and sentence as aforesaid. 5. The question before us is whether the dacoity was committed on the date, at the place and time and in th..Category: Criminal Law | Date: | Hits: 84
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......en statements. Their case is that the suit plot No.3143, 3144, 3146 of Khatian No. 504 of Mohalla Talihaor, Sylhet Town are low lying ditches. They originally belonged to Khan Bahadur Estate. These lands along with other lands were settled with Sudanshu Mohan Das. The plaintiff No.1 of the prese......Cases Referred to- Tofail Ahmed Vs. Ahmed AIR 1938 Nag 177; Gopal Krishna Sil, 34 CLJ 319; Gopal Krishna Sil. Vs. Abdus Samad Chowdhury and others, 34 CLJ 319; Shafatullah and others Vs. Munshi Ainuddin and others, PLD 1964 (Dac.) 52, AIR 1938. Lawyers Involved: Dewan A.M.S. Zaman with Ak......n the decision in the case of Shafatullah and others Vs. Munshi Ainuddin and others PLD 1964 Dac. 52. Thus finding fault with the judgment of the learned Munsif, the learned Subordinate Judge posed a question to examine whether there were elements in the case of the plaintiff to find customary rig..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....f case are that respondent No.1 Sona Miah filed Title Suit No.1 of 1970 in the 1st Court of Sub-Judge, Sylhet for declaration of his title in the suit land measuring 5.75 acres and recovery of khas possession by removing all obstructions such as tin-shed house, fencing etc. and for mesne profits......2.4.73 and 2.3.73 respectively. 2. The facts of case are that respondent No.1 Sona Miah filed Title Suit No.1 of 1970 in the 1st Court of Sub-Judge, Sylhet for declaration of his title in the suit land measuring 5.75 acres and recovery of khas possession by removing all obstructions such as t......Kalipada Roy Vs. Mukunda Lal, 34 CWN 131 Section 36; 7 DLR 94, 16 DLR 287 (SC), 6 DLR 539, 23 DLR 99. Lawyers Involved: Dewan A.M.S. Zaman, Advocate - For appellants. B.K. Das with Miftahuddin Chowdhury, Advocates - For the Respondents. Second Appeal No. 314 of 1973. Judgment Ab......and. The defendant's possession in the suit land including the homestead is not denied. Rather it is admitted, as the plaintiff wants khas possession by evicting the defendants from the same. Now the question is from which lime the defendants are in possession. The Court below seems to have held tha..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219........ 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219....... period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219.......icial mind was tainted with bias and the petitioner's cause did not receive a fair consideration from him. He has drawn my attention to annexure 6 an information slip which shows that the judgment in question was delivered on 3.8.85, though the judgment is dated 31.8.85 and the corresponding order s..Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....rdingly, the Rule is discharged without, however, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ......rdingly, the Rule is discharged without, however, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ...... The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ...... 6 sub-Rule (1) of the aforesaid Rules. Moreover the petitioner himself without raising any objection participated in the proceeding of the fresh poll held on 10.4.88. Thus, it is too late for him to question the validity of such notification. For the reasons stated above, we are unable to accept..Category: Election Law | Date: | Hits: 161
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210.......the samity and had it registered under No.106 dated 16.2.79 with the then Assistant Registrar of Co-operative Societies. It has 513 members. The samity has raised Tk. 8,12,000/- as subscription for land and raised another Tk. 51,300/- as share money. The samity has constructed shops, buildings, ro......e Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210....... Pourashavas and the power of enquiry has to be exercised in a particular manner. It is only upon the conclusion of such enquiry that the Government has to form an opinion regarding the Pourashava in question and then can supersede the Pourashava. If no enquiry is held in the manner provided in sect..Category: Civil Law | Date: | Hits: 87
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ......erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ......as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ...... valid provisions of law. 6. The next contention of the learned Advocate for the petitioner is that the learned District Judge took a wrong view that without examining the Presiding Officer, the question of irregularity or non-compliance of the Rules as regards counting of the voles cannot be d..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ...... Judge has thus fallen into an error in finding otherwise. Section 26 of the said Ordinance runs as follows: 26. Election petitions.- (1) No election under this Ordinance shall be called in question except by an election petition under sub-section (2). (2) Any candidate can make an el..Category: Election Law | Date: | Hits: 207
....o. 390 of Mouza Shahar Dhaka in 1951 to the extent of 66 acres and in 1955 to the extent of .6 acres by registered sale deeds and since then she had been enjoying and performing acts of ownership and possession by residing in the house, paying rents and taxes to the Government and other local author......1 under the heading "Motijheel Commercial Area" shall not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The petitioner staled that she purchased the land measuring .70 acres with a two-storied residential house at holding No.10/1, Toynbee Circular......er as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
......tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
..
Category: Property Law | Date: | Hits: 171
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......t of the written statement. 2. The plaintiff-opposite party No.1 instituted the suit for specific performance of contract of sale against the petitioner as defendant No.1 in respect of 9 kathas of land on the allegations that he paid Tk. 2,50,000/- as advance money out of a stipulated total consi......DLR (HCD) (1989) 190. ......tent character. An amendment to the written statement can never affect the nature of the suit; it can only alter the nature of the defence." Keeping the above principles in mind we find that the real question in the present suit, so far, is whether there was a contract between the parties, whether t..Category: Property Law | Date: | Hits: 58
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ......down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ......cannot be said that the learned Judge has fallen into an error in refusing the permission to sue afresh. He has however contended that the suit itself being barred by the Election Laws there was no question of permitting the plaintiff to vex the defendants again. 5. There is no dispute whatsoev..Category: Election Law | Date: | Hits: 152
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....he property with the help of the opposite parties and hired persons and attempted to evict the said care taker Abul Kalam and demolished the cottage on 15.2.78 but Shah Alam failed to take forcible possession due to the resistance of the said care taker and his brother. Failing to take possessio......d in a number of cases both in the High Court and in the Court before the District Judge. The petitioner's mother along with his brothers and sisters are owners in joint possession of 33 acres of land in R.S. Plot No. 341 of CS Khatian No. 315 and RS Khatian No. 322 of Mouza Barabo, Shaymali wit...... once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......of the Penal Code and lo nothing more. 10. Under the provision of law, as in our country, an action therefore would lie for a defamatory statement or utterance made in a judicial proceeding. The question to be answered in the instant case is whether for the said accusation of defamation, a sepa..Category: Criminal Law | Date: | Hits: 77
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....eave to appeal in respect of the judgment and order dated 02.07.2009, passed by the High Court Division in Civil Revision No.1553 of 1997, in decreeing the suit for declaration and recovery of Khas possession. 2. The facts leading to the filing of this petition are that the respondents herein f......tion and recovery of Khas possession. 2. The facts leading to the filing of this petition are that the respondents herein filed a suit for declaration and recovery of Khas possession of the suit land. The petitioner Nos.1 and 2 contested the suit by filing a written statement, denying all mater......e directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002...Category: Property Law | Date: | Hits: 49
Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)
....ase, in brief, are that the petitioners instituted a suit being Title Suit No.90. of 1978, before the Court of Munsif, Nawabganj, praying for a decree for permanent injunction, on being threatened dispossession by the defendants. The defendant Nos.1 to 4 contested the suit by filing a written statem...... No.96 of 1987. After hearing, the learned Senior Assistant Judge, on consideration of the evidence on record, found that the plaintiffs proved their prima facie title and also possession in the suit land. The learned Judge also found that the suit land has been recorded in the name of the plainti...... granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......of paper book is dispensed with as prayed for. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ..Category: Property Law | Date: | Hits: 51
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....onfectionery stall and Refreshment Room at Dhaka Station on 2.1.91 and defendant No.11 having been given a licence by Railway for the rest period from 2.1.91 and defendant No.11 having been placed in possession of those stalls and Buffet car, Restaurant Car and Refreshment Room and he was running th...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ...... This case is also reported in: 45 DLR (HCD) (1993) 762. ......y granted to a third party who is in possession. 6. Mr. Syed Ishtiaq Ahmed, the learned Counsel appearing for the plaintiff‑respondent No.1, submitted, on the other hand, that this is not a mere question of revocability of the contract which is not to be specifically enforced but it is a questi..Category: Civil Law | Date: | Hits: 72
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......e is also Reported in: 45 DLR (HCD) (1993) 753. ......ik Somily and others Vs. Harisadhan Das Barman, Advocate and ors of this Court in which the decision of this Court has been affirmed by the Appellate Division in Civil Petition No.358 of 1992. So the question of the jurisdiction of the District Judge to pass an ad interim order pending disposal of t..Category: Civil Law | Date: | Hits: 87
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....judiced thereby in their trial. So on this score also, we find that the impugned order of conviction and sentence is wholly bad and cannot be sustained in law. It may however, be noted that neither possession nor selling nor buying nor dealing in the black market of the alleged ration paddy by......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......e, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......in the mischief of Section 6 of Act I of 1956 and his conviction and sentence under the said section, 6 of the Control of Essential Commodities Act, 1956 cannot be sustained in law at all. 9. Next question is whether the prosecution has been able to prove the case against the appellant beyond a..Category: Criminal Law | Date: | Hits: 74
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......own forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......t cannot be said that the learned Judge has fallen into an error in refusing the permission to sue afresh. He has however contended that the suit itself being barred by the Election Laws there was no question of permitting the plaintiff to vex the defendants again. 5. There is no dispute whatsoev..Category: Election Law | Date: | Hits: 206
....cigarettes which is alleged by the detaining authority to be an act to prejudice the economic and financial interest of Bangladesh. The detaining authority undisputedly has never recovered from the possession of the detenu any smuggled cigarettes of those two brands and has also never got any repo......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
...... the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......o the appropriate authority or to move the Court at once.
4. In case of preventive detention where order containing grounds of detention has been served on the detenu within the prescribed time, a question arises whether this Court should pronounce its decision or has to wait till the Advisory ..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
.... Pabna who is reportedly a dead man; that in this case a charge-sheet has been submitted falsely against this detenu, though he was not named in the F.I.R. and no articles were recovered from his possession or from his godown; that during the pendency of this case, the District Magistrate, Pabna......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ...... forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ......the Special Powers Act as well as under the Constitution to be communicated to the detenu concerned. From a bare and plain reading of the provisions of the Special Powers Act, 1974 and the Article in question of the Constitution, it is clear that whatsoever reasons or even grounds stated in the init..Category: Criminal Law | Date: | Hits: 60
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