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Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
....calling upon the opposite parties Nos. 1-4 to show cause as to why the portion of impugned order dated 6-10-98 passed in Title Suit No. 59 of 1996 by the Assistant Judge, Muktagacha Court, Mymensingh so far it relates to passing an order of abatement and allowing the petition for substitution of the......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227.......re for amendment of the plaint and to strike off the name of defendant No. 3 from the plaint and to include the names of his heirs as defendants. On 6-10-98 both the applications were taken up by the trial Court for hearing who allowed the petition filed by the plaintiff for amendment of the plaint ......cause as to why the portion of impugned order dated 6-10-98 passed in Title Suit No. 59 of 1996 by the Assistant Judge, Muktagacha Court, Mymensingh so far it relates to passing an order of abatement and allowing the petition for substitution of the legal heirs of the deceased defendant is concerned..Category: Procedural Law | Date: | Hits: 106
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....of the case land alleging, inter alia, that they are co-sharer tenants in the case jote by way of inheritance as well as by purchase and their co-sharer pre-emptee opposite party No. 3, Rafique Ullah sold 24 decimals of land to pre-emptee opposite party Nos. 1-2 by a registered sale deed No. 11986 d......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......uesting is a mortgage deed and hence the preemptor- petitioners are not entitled to get an order of pre-emption. Further, it is contended that the case is also bad for defect of parties. 4. At the trial the pre-emptor examined 2 (two) witnesses while contesting pre-emptor No. 3 examined 1 (one) w......High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Rafique Ullah (Md)………………………………………………..Petitioner Vs. Badsha Alam and others..................................Opposite Parties. Judgment August 30, 2005. Cas..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....n stating, inter alia, that the opposite-parties did not have possession in the suit land which actually formed part of a graveyard and that it was being managed by the local Union Parishad. It was also stated that a large number of local residents raised serious objection regarding settlement of pl......an that the lower appellate Court considered the evidence on record and arrived at the conclusion that the existence of a graveyard has not been proved. In such view of the matter, no interference in called for and the Rule is liable to be discharged. 9. In support of his contention, Mr. Khan cit......hat out of 40 decimals of land allotted to the plaintiff, 28 decimal comprised of a pond and there was no evidence of cultivation of Boro/Aman paddy in the suit land, as claimed by the plaintiff. The trial Court, upon considering all the evidence on record and the deposition of witnesses, dismissed ......Court High Court Division (Civil Revisional Jurisdiction) Present: Zubayer Rahman Chowdhury J Badel Alam Howlader…………..…. Defendant-Respondent-Petitioner Vs. Falu Dewan and others…...............Plaintiff-Appellant-Opposite-Parties. Judgment February 11, 2004. ..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....rved that the question of jurisdiction of the Court has to be decided at the earliest opportunity and referred to section 6 of the Code of Civil Procedure which is in the following terms: "Save insofar as is otherwise expressly provided nothing herein contained shall operate to give any Courts j...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ....... It is provided under that section that on the application of may of the parties or of its own motion the District Court may at any stage transfer any suit, appeal or other proceedings before it for trial or disposal to any court subordinate to it and competent to try or dispose of the same. 23.......onal Jurisdiction) Present: Hassan Ameen J Md. Awlad Ali J Bijan Kumar Das J AHM Khurshed Ali & others……………………………………Petitioners Vs. Md. Hashem Ali and others………………………………………Opposite Parties. Judgment February 8, ..Category: Procedural Law | Date: | Hits: 90
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... Present: AK Badrul Huq J Md. Abu Tariq J State…………………………………………………Petitioner Vs. Md. Shahjahan…………………………………Condemned-Prisoner. Judgment March 22, 2004. Cases Referred to- KhandokarSaiful Islam Vs. State 50 DL...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......15), on completion of the investigation, submitted charge sheet on 16-11-1998 against the condemned prisoner under sections 302/307 of the Penal Code. Thereafter, the condemned-prisoner was placed on trial before the Sessions judge, Luxmipur having been charged under sections 302/307 of the Penal Co......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Md. Shahjahan…………………………………Condemned-Prisoner. Judgment March 22, 2004. Cases Referred to- KhandokarSaiful Islam Vs. State 50 DLR (AD) 26; Gulahat Khun Vs. State 23 DLR (Pesh) 7; Karim Vs. Stat..Category: Criminal Law | Date: | Hits: 96
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....ts relevant for the disposal of the Rule are as follows: Petitioner lodged a first information report with the Banskhali police station on 21-3-99 against Mofizur Rahman and four other accused persons alleging, inter alia, that the accused persons demanded toll of Taka 20,000 on 17-3-99 from the......nts evasively excluding the incriminating portions relating to Mofizur Rahman's participation in the occurrence. The learned Magistrate performed formalities after receipt of the naraji petition, and called for the case diary, heard the learned Advocates at length and on perusal of the case diary no......er sections 304/379/34 of the Penal Code against all the first information report named accused persons by order dated 25-5-2000. The case record was eventually sent to the learned Sessions Judge for trial. Before the Additional Sessions Judge, 3rd Court, Chittagong who received the case record for ......High Court Division (Criminal Revisional Jurisdiction) Present: SK Sinha J Shamim Hasnain J Ziaul Hoque Chowdhury (Md.)…………………………………Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment A..Category: Criminal Law | Date: | Hits: 49
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....as plaintiff on 3-9-97 instituted the suit for specific performance of a contract dated 16-1-95 for sale of the suit land along with shops thereon as described in schedule-1 (Kha) to the plaint and also for possession thereof. 3. Plaint case, in short, is that the land comprising of 11 plots as d......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......aint and also for possession thereof. 3. Plaint case, in short, is that the land comprising of 11 plots as described in schedule-1 to the plaint measuring about 35.35 decimals consisted of an industrial unit, namely, Rupkatha Cinema Hall at Comilla. In 1977, the Ministry of Industries took over p...... (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Government of Bangladesh represented by the DC, Comilla………………Appellant Vs. Md. Eakub and others.................................................................Respondents. Judgment ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ioners Vs. Anwar Hossain and others……………………………….Respondents. Judgment January 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Mainuddin ......luding the decision passed by the Arbitration Tribunal were not taken by any person performing functions in connection with the affairs of the Republic or of a local authority such decision cannot be called in question under Article 102(2)(a)(ii) of the Constitution. 27. In the case of Manjuru......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......Reported in: 58 DLR (2006) 117. ..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. CMM, Dhaka and others...........................................Respondents. Judgment October 30, 2004. Result: The Rule is made absolute. Cases Referred to- State of West Bengal and others Vs. Swapan Kumar Guha and Others, A......relates to the petitioner. The criminal case will, however, proceed against the other accused. There is no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) ......r before the Court which is at a far off place in Ghazipur in the State of Uttar Pradesh, seek their release on bail and then to either move an application under section 245(2) of the Code or to face trial when the complaint and the preliminary evidence recorded makes out no case against them. It is......(Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Jahangir Hossain Howlader (Md.) …………………………………..Petitioner Vs. CMM, Dhaka and others...........................................Respondents. Judgment October 30, 2004. ..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....h, for clearance to build a 2 Star International Hotel and on proper inquiry the defendant No. 5 gave permission to the petitioners for construction of the said hotel vide Memo dated 10-10-1993 and also directed RAJUK to take steps for issuing clearance letter. The opposite party No. 5 requested the......rdinate Judge (Now Joint District Judge), Dhaka, in Title Suit No. 10 of 2001 rejecting the petitioners' application for injunction filed under section 151 of the Code of Civil Procedure (hereinafter called "the Code"). 2. The petitioners as plaintiffs instituted Money Suit No. 10 of 2001 in the ......f the Code for restraining the defendants from evicting the petitioners from the said land until payment of compensation of Taka 1.70.50.000 is paid and that prayer for injunction was rejected by the trial Court by the impugned order. 5. Being aggrieved by that order the petitioners moved this Co...... This Case is also Reported in: 58 DLR (2006) 103. ..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....ad with section 15 I of the Code of Civil Procedure to restrain the defendants Nos. 1 to 5, 9, 11 to 13 from changing the nature of the 'Kha' schedule land, from entering into the schedule land and also to restrain the defendants Nos. 13 and 14 from leasing out the schedule land to anybody else till......ying the operation of the order dated 5-5-2004 passed by the learned Joint District Judge, 2nd Court Chittagong and the learned District Judge, admitting the revision, notified the opposite party and called for the lower Court's record and also directed the opposite parties Nos. 1 to 3 to show cause......limsy grounds for issuing notices by the learned Additional District Judge upon the opposite parties Nos. 1 and 3 which shows that the petitioners have filed the revisional case in order to delay the trial of the suit and to cause harassment to the other parties and thus the petitioners have not com...... Case is also Reported in: 58 DLR (2006) 100...Category: Procedural Law | Date: | Hits: 77
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
....llah, Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General—For the State. Md. Azizul Haq with AM Mahbubuddin Ahmed with Fazlul Karim Chowdhury, Advocates—For the Condemned Prisoner. Death Reference No. 9 of 1999 with Criminal Appeal No. 152 of 1999 with Jail Appeal No. 13......ever of demand of any dowry either before or after the marriage. He next submits that the UD Case No. 5 dated 29-11-1997 was filed on the written first information report of PW1 and therefore, the so called first information report Exhibit 1 is only a statement under section 161, Cr.P.C. and no firs......98 which he proved as Exhibit 1. The police after investigation submitted charge-sheet under section 10(1) of the Nari-o-Shishu Nirjatan Ain, 1995 and the condemned-prisoner and others were placed on trial before the 1st Court of Additional Sessions Judge, and Nari-o-Shishu Nirjatan Daman Bishesh Ad...... State Vs. Abul Kalam, 5 BLC 230; State Vs. Eunnus Kha, 5 BLC 253; the State represented by the Solicitor to the Government of the People's Republic of Bangladesh Vs. Md. Shafikul Islam alias Rafique and another, 43 DLR (AD) 92; State Vs. Mofazzal Hossain Pramanik, page 64A. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
.... Hossain J.- This appeal by leave, is directed against the judgment and order dated 27-07-1999 passed by a Division Bench of the High Court Division in Writ Petition No. 348 of 1985 making the Rule absolute-in-part with a direction to the writ respondent No. 1-Appellant to deliver possesÂsion of th...... Advocate appearing on behalf of the responÂdent submits that the High Court Division has committed no wrong in making the Rule absolute with direction as stated above and as such no interference is called for. 10. We have heard the learned Attorney General for the petitioners, the learned Advoc......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ...... Government of Bangladesh repreÂsented by Secretary, Ministry of Jute, Secretariat Building, Dhaka..........................................................Appellant Vs. Helal Jute Press Ltd. and others……………..........Respondents Judgment July 21, 2009. Cases Referred To- ..Category: Property Law | Date: | Hits: 128
Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)
....Daman Tribunal, Rajbari in Nari-O-Shishu Nirjatan Damon Case No.179 of 2005 conviction the petitioner under section 9 (1) of the Nari-O-Shishu Nirjatan Damon Ain,2000 and sentenced him to suffer imprisonment for life with a fine of Tk. 10,000/- in default to suffer rigorous imprisonment for 2 (two) ...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... sheet against the accused petitioner under section 9 (1) of the Nari-O-Shishu Nirjatan Nirjatan Daman Ain, 2000 and the case was transmitted to the Nari-O-Shishu Nirjatan Daman Tribunal, Rajbari for trial and renumbered as Nari-O-Shishu Nirjatan Damon Case No.179 of 2005 wherein a charge was so fra......dgment AKM Asaduzzaman J.- On an application under section 561A of the Code of Criminal Procedure this rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order of conviction and sentence dated 18.4.2007 passed by the learned Nari-O-Shishu Nirjatan Da..Category: Criminal Law | Date: | Hits: 57
Yusuf Mia Vs. State, 2011, 40 CLC (HCD)
....earned Druta Bichar Tribunal No.4, Dhaka. 2. The prosecution case, in short is that on 29.9.2002 one Hazi Mozammel Hossain lodged an FIR with the Uttara Police Station, Dhaka against 12 accused persons along with 4/5 others alleging inter alia that due to previous enmity his younger brother Md. S......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: Â ......nder section 302/34/120(Kha)/109 of the Penal Code against 12 accused persons including the petitioner. 4. Thereafter the case was transmitted to the court of Druta Bichar Tribunal No.4, Dhaka for trial and registered as Druta Bichar Tribunal Case No.28 of 2004. Thereafter on an application filed...... evening, hence the case. 3. During investigation one accused Md. Jahangir Islam after being arrested made a confessional statement under section 164 of the Code of Criminal Procedure on 9.10.2002 and disclosed the name of the petitioner. Thereafter the police submitted a charge sheet on 13.3.04 ..Category: Criminal Law | Date: | Hits: 50
Md. Abdul Gafur and others Vs. State, 2011, 40 CLC (HCD)
.... At the very out set the learned Advocate appearing for the petitioners submits that he has instruction not to press for bail of petitioner No.1 Md. Abdul Gafur, then he submits that other accused persons implicated in this case on the disclosure of their name by accused Md. Abdul Gafur and thereaft...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......s implicated in this case on the disclosure of their name by accused Md. Abdul Gafur and thereafter been arrested in this case on different dates since then they are in custody. Although in this case trial was started long before but till now one P.W namely Md. Nizam Uddin was examined in part and t......e. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 49
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
.... Dhaka in Metropolitan Special Tribunal Case No.7972 of 1999 convicting the appellant under section 19 A and 19 (f) of the Arms Act, 1878 and sentencing him under section 19 A to suffer rigorous imprisonment for twenty years with a fine of Taka 5000/- in default to suffer rigorous imprisonment for s......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......0 dated 6.4.1999. 3. The police, after investigation submitted charge sheet on 21.5.1999 against the sole appellant under sections 19 (a) (f)/ 19 A of the Arms Act. The case, after being ready for trial, was sent to the Metropolitan Special Tribunal No. 1, Dhaka, wherein it was numbered as Metrop......orney General - for the respondent. Criminal Appeal No. 3368 of 2004. Judgment Md. Ruhul Quddus J. - This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 9.8.2004 passed by Metropolitan Special Tribunal No. 6, Dhaka in Metropolitan Specia..Category: Criminal Law | Date: | Hits: 44
Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....A.A.T. Appeal No.137 of 2004 allowing the appeal and thereby setting aside the judgment and order dated 25.04.2004 passed by the Member of the Administrative Tribunal No.1 in Case No.89 of 2000 and also dismissing the A.T. Case on the point of limitation. 2. The facts, in short, are that the peti......he Administrative Appellate Tribunal No.137 of 2004. 12. The Appellate Tribunal by the order dated 27.09.2004 admitted the appeal and issued notices upon the respondents (the present petitioners), called for the records of the case, fixing 07.12.2004 for filing memo-in-opposition. The order dated......smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ......) 111, 63 DLR (AD) (2011) 119. ..Category: Administrative Law | Date: | Hits: 215
....nj, for declaration of title and for khas possession. The plaintiffs case in short is that one Kademunnessa Khatun was the superior landlord of the suit land and Salim Khan, Alep Khan and Fazil Khan, sons of Baru Khan, were bargadars under the said landlord and the same has been correctly recorded i...... 216, we are of the opinion that the High Court Division has passed the impugned judgment and order in accordance with law on due consideration of the materials on record and hence no interference is called for.
Accordingly the application for leave to appeal is dismissed without costs.
Ed.
...... No.107 of 1998 in the Court of District Judge, Munshiganj, which on transfer was heard and disposed of by the Additional District Judge allowing the appeal and setting aside the decree passed by the trial Court and thereby decreed the suit vide judgment and decree dated 22.3.1997 declaring the righ......6.
Lawyers Involved:
Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioner.
Not represented-the Respondents.
Civil Petition for Leave to Appeal No. 429 of 2008.
(From the judgment and order dated 03.01.2006 passed by the High Court Division in Civil Revision No.1480 of 1997.)
..
Category: Property Law | Date: | Hits: 81
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....o.2 is the owner and defendant No.3 is his wife. This defendant No.2 while maintaining current account No.870 with the plaintiff bank purchased medicines worth Taka 1,75,925.00 on hire and those were sold to the defendants on the basis of sanction order dated 7-5-88. The price of medicine was Taka 1......e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ......at he managed to repay Taka 11,000.00 to the bank. His case is that due to financial stringency he was not in a position to repay the bank’s dues. 4. Both the parties adduced evidence before the trial Court. The Artha Rin Adalat on consideration of the evidence on record and the facts and mater...... High Court Division (Special Original Jurisdiction) Present: M Amin Chowdhury J Gour Gopal Saha J Islami Bank Bangladesh Ltd..……….Petitioner Vs. Shohag Medicine Supply and others………….Opposite Parties Judgment January 22, 1998. Cases Referred to- Am..Category: Banking Law | Date: | Hits: 199
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