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Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
.....10 of 1985 rejecting an application under section 23 of the said Act should not be set aside or such other or further order or orders passed as to this court may seem fit and proper. 2. The short facts giving rise to this Rule may be stated as follows: The opposite party, Mr. Arif Ahmed as a ......if Ahmed…………………………………………Opposite Party Judgment June 22, 1994 Result: The rule is discharged. Cases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;11 DLR 427; Abdul Khalek Mia Vs. Maya Debi a......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89...Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
.... expression “interest” which springs out of the principal amount of loan and, as such, the judgment of the appellate Court holding the Opposite Party No.2 was disqualified was sound in law and on facts. 7. Both the learned Advocates have taken me through the judgment of the Tribunal and the a......h Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Sharifuddin (Md.)………………………………………….Petitioner Vs. Md. Mofizuddin Sarker and others………………Opposite Parties Judgment August 8, 1994. Result: The Rule i......ated that as he secured 2456 votes the second highest votes on declaration of the election of opposite party No.1 void he should be declared elected. 4. The Tribunal on contest on considering the evidence on record dismissed the election petition holding opposite party Nos.1 and 2 were not disqu..Category: Election Law | Date: | Hits: 148
....als to hold that the ground which is bad or irrelevant is of inconsequential nature and that may be in very rare cases, than the Court may sustain the order of detention but that will depend upon the facts of a particular case.
11. To revert to the facts of this case, if we refer to the order of ......1979) 145.
......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
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Category: Criminal Law | Date: | Hits: 103
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ...... the Appellant. Md. Ensanuddin Sheikh, Assistant Attorney General with Nurul Islam Matubbor, Assistant Attorney General - For the State. Criminal Appeal No. 899 of 1999 (Against the judgment and order of conviction and sentence dated 8.3.1999 passed by the Sessions judge, Chandpur in Sessio......m the trend of cross-examination of the P.Ws., is that the deceased Hanufa Akhter committed suicide by taking poison. 6. The Learned Sessions Judge having heard both the parties and considered the evidence on record passed the impugned judgment and order of conviction and sentence dated 08.03.199..Category: Criminal Law | Date: | Hits: 112
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....mpugned judgment and order that the notice was considered to have been issued directing appellant No.1 to submit the statement of assets for the fiscal years from 1988-89 to 2006-2007. In view of the facts, we find that- (a) the charge was framed, the trial was conducted and, the impugned judgmen......16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......1 being unspecified, vague and unfounded, the impugned judgment and order of conviction and sentence passed on the basis thereof is liable to be set aside. 15. He also submits that the documentary evidence was not exhibited and proved in accordance with law and thereby the prosecution also failed..Category: Criminal Law | Date: | Hits: 108
.... 1977).
Judgment
Kemaluddin Hossain CJ.- This appeal by special leave arises from an order passed in a suit refusing to stay all further proceedings under section 34 of the Arbitration Act. The facts in outline are that Respondent 1 Crete Construction Company Ltd., instituted Money Suit No.142...... is also Reported in: 31 DLR (AD) (1979) 138.
...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
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Category: Alternative Dispute Resolution | Date: | Hits: 161
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....... Taleb………………………..Appellant Vs. State.....................Respondent Judgment November 30, 1988. Result: The appeal is allowed. Cases Referred to- Safar Ali and others Vs. The state, 36 DLR 185; Munowar Ahmed Vs. The State, 8 DLR (SC) 157; Abul Hossain Mia ......d time and in the manner as alleged by the prosecution and whether the prosecution has been able to prove the complicity of the accused appellant with the commission of the said dacoity by tangible evidence and for that matter whether the conviction and sentence passed by the learned trial Court c..Category: Criminal Law | Date: | Hits: 84
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....d the materials regarding the prejudicial Act does not and cannot mean the communication of the grounds within the meaning of Section 8 of the Act. The word grounds as used in Section 8 means the facts and materials regarding activities of the detenu which satisfied the detaining authority tha......Khan, 18 DLR (SC) 1966 page 214; 27 DLR 567; DLR 48; 40 DLR 21; 38 DLR 93 (RL. 101); Anwar Hossain Vs. Government of Bangladesh, 30 DLR 423; Sultan Ara Begum Vs. Secretary, Ministry of Home Affairs and others, 38 DLR 1986 page 93. Lawyers Involved: M. Taleb Ali, Advocate - For the Petitioner......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ..Category: Criminal Law | Date: | Hits: 66
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....ts off to the south of the cattle market. The defendants had occasionally thrown rubbishes in the southern portion of the disputed tank which has gradually been raised from south to north. In these facts and circumstances they contended that the plaintiffs' claim was to fail. The learned Munsif fo...... March 30, 1988. Result: The appeal be allowed. 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, A......r by the plaintiffs or those who they represented. It is true in noting the user from time immemorial can be proved if by the user even for a period of 30/40 years, unless the same is rebutted by evidence. But user for a considerable period of time must be found for finding the user from time ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....inst the judgment and decrees passed by Mr. K.M. Hossain, Additional District Judge, Second Court, Sylhet in Title Appeals No. 24 of 1972 and 33 of 1972 on 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 S......llants. B.K. Das with Miftahuddin Chowdhury, Advocates - For the Respondents. Second Appeal No. 314 of 1973. Judgment Abdul Bari Sarker J.- This appeal is directed against the judgment and decrees passed by Mr. K.M. Hossain, Additional District Judge, Second Court, Sylhet in Title Ap......n in the above suit land since the lime of their purchase. They also alleged that the certificate of sale is fraudulent and collusive. 7. The learned Subordinate Judge, on consideration of the evidence and the materials on record, declared the plaintiffs title and allowed the prayer for rec..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
....ench of this Court with direction to proceed afresh with the G.R. Case No.89 of 1985. This fact shows that the apprehension of the complainant petitioner was not unfounded. 8. From the aforesaid facts and circumstances and the evidence on record I find that the learned Magistrate did not base h...... Sajjad Ali Chowdhury, Advocates - For Petitioner. No one - For the Opposite Parties. Criminal Revision Case No. 38 of 1986. Judgment AKM Sadeque J.- This Rule obtained under Section 439 and 435 of the Code of Criminal Procedure is directed against the judgment and order purported to ha...... No.1 and 2 pleaded innocence. In the proceeding the petitioner examined 3 witnesses including himself, and the opposite parties examined one witness. The learned Magistrate on consideration of the evidence on record came to a finding that the petitioner had previous enmity with the opposite parti..Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....e could not be splitting of the voting. In that view of the matter this Rule is made absolute without any order as to costs. The impugned order of the Election Commission is set aside." Detail facts are not available from the judgment of their Lordships. However, it is evident there from that......Hossain, Advocate - For the Respondent No.3. Writ Petition No. 29(c) of 1988. Judgment Mohammad Abdur Rouf, J.- The petitioner, one of the three contestants (other two are Respondent Nos.3 and 4) in the Union Parishads election to the office of Chairman, obtained this Rule Nisi on 12.7.88......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. ..Category: Election Law | Date: | Hits: 161
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....appears from the judgment that the learned Election Tribunal considering these points held that there was chance of mistake in counting the ballots as the room was over crowded also. In view of these facts I hold that the learned District Judge look a wrong view on this point. 8. The next content......ule is discharged. Cases Referred to- 5 BCR (AD) (1985) 413; 28 DLR 375; 17 DLR 424; 20 DLR (SC) 211. Lawyers Involved: Shah Mohammad Sharif with Fakhrul Islam, Md. Abdus Satter Howlader and Farid Ahmed, Advocates - For the petitioner. Abdul Quayum with Yousuf Hossain Humayun, Sobo......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. ..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....i might be taken, and it was held that such a suit was maintainable and Section 92 of the said Code was No.bar. It may be noted that Waqf is a traditional right not introduced by any statute. The facts of the said case resorted in 27 DLR (AD) 138 relied upon by Mr. M. A. Sobhan are therefore q......43); Sultan Ali Vs. Nur Hussain Habibur Rahman Vs. Election Commission, 40 DLR 459; Haji Sultan Ahmed Vs. Abdul Jalil Chowdhury, BCR 1988 HCD 61; 27 DLR (AD) 138; Jalaluddin Ahmed Vs. Matiur Rahman and others, AIR 1937 Allahabad, 365; ILR 1931 Bombay, 604; PLD 1949 Lahore 301; 39 DLR 451; 28 DLR......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. ..Category: Election Law | Date: | Hits: 207
....t no notice was ever served on the petitioner treating the property as an abandoned property, no denial has been made specifically in the affidavit-in-opposition. It has only been stated that those facts are not known to the deponent and the petitioner is put to strict proof thereof.
4. It has .......4.86 (Annexure E) so far as it relates to the petitioner's house at serial No. 41 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 ......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.
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Category: Property Law | Date: | Hits: 171
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....ect the parties in any appreciable manner. If the amendment was sought to be made before the positive hearing of the suit it could not have been said that the parties were affected thereby but in the facts and circumstances of this case it can legitimately be argued by the plaintiff-opposite party...... 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 consid......uld involve no such hardship on the plaintiff. The defendant-petitioner merely wants an opportunity to incorporate his plea of hardship in the written statement so that he may be able to adduce evidence in this regard. Or else, he will be precluded from leading evidence in this regard. Mr. T.H..Category: Property Law | Date: | Hits: 58
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....al has affected the merit of his decision, which has caused failure of jus-lice. It may also be mentioned that the defendant's prayer for rejection of the plaint still remains undisposed of. In the facts and circumstances of the case the whole matter may be sent back to the learned Assistant Jud......, 5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 (Peshawar) 134. Lawyers Involved: Abdul Malek Munshi, Advocate - For the Petitioner. Hemayetuddin Ahmed, Advocate - For Opposite party Nos.1 and 4. Civil Revision No. 84 of 1988. Judgment DM Ansaruddin Ahmed J.- This Rule issued on ......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. ..Category: Election Law | Date: | Hits: 152
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....his revisional application, submitted that the order of the learned magistrate and of the learned Additional Sessions Judge, both arc based on a misconception of law and on a misappreciation of the facts on record. In elaborating this point he submitted that the learned Magistrate erred in law i...... Alam & others..............................Opposite Parties Judgment January 23, 1989. Result: The Rule is made absolute. Cases Referred to- Sukra Mahto Vs. Basudeo Kumar Mahto and another, AIR 1971 (SC) 1567; Ayeasha Bi Vs. Pear Khan Sahib, AIR 1954 (Mad). 741; Mohammad Isa V......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..Category: Criminal Law | Date: | Hits: 77
Abdul Majid Molla Vs. The Election Commission, Dhaka & others, 1989, 18 CLC (HCD)
....on of stoppage of poll altogether. In that view of the matter, we hold that the interference of the Election Commission was without jurisdiction. Rule 70, in our view, is not attracted in the facts and circumstances of the case. In the result, the Rule Nisi is made absolute but without an......sion ordering a re-poll at Chouhat Primary School centre, in addition to the list furnished by the District Election Officer, Dhaka, shall not be declared to have been made without lawful authority and to be of no legal effect and why the said respondent No.1 shall not be directed to cancel, resci......t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ..Category: Election Law | Date: | Hits: 167
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....ect 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 filed a suit for declar...... Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Siddiqur Rahman and others..............................Petitioners Vs. Abdul Jalil Meah and others.................d recovery of Khas possession of the suit land. The petitioner Nos.1 and 2 contested the suit by filing a written statement, denying all material averments made in the plaint. 3. On examination of evidence on record, the learned Subordinate Judge, found that although the plaintiff No.1 did not ex..Category: Property Law | Date: | Hits: 49
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