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Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541.......wdhury Md. Jahangir, Advocate-on-Record-For the Petitioners. S. M. Md. Nurul Huda Jaigirder, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.101 of 2008. (From the judgment and order dated 30.10.2007 passed by the H...... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541.......reafter according to the sanction of the Government, Habiganj Zilla Parishad constructed the office of the union parishad at Kamargaon village and directed the Chairman to use the same as office. The trial Court, after hearing, by judgment and decree dated 21.8.1993 decreed the suit. Being aggrieved..Category: Civil Law | Date: | Hits: 72
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....rdinary law abiding people of Bangladesh can run their normal avocation of life without being afraid of their life and limb. This security from being killed or molested is not only the Constitutional right of 150 million ordinary people of Bangladesh but is happened to be their birth right. The peop......, Advocate-on-Record- For the Petitioner. Abdul Majid, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos.2-14. Criminal Petition for Leave to Appeal No. 28 of 2010 (From the Judgment and order dated 08.12.2009 passed by the Hi......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......id not arise here since they are admitted fugitives and sure to be arrested, in connection with investigation into the allegations contained in the FIR and to bring the offenders before the Court for trial. These duties are cast upon the police and other law enforcing agencies under the various prov..Category: Criminal Law | Date: | Hits: 68
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
.... the Civil Court Act, 1887 and Muhammad Zulfikar Vs. Abul Kalam Chowdhury and others, 42 DLR 21 and 1990 BLD (AD) 58, 42 DLR (AD) 83 have been relied upon in support of the said argument. (ii) The right of 555 voters have been snatched away by striking out their names from Electoral Rolls and by ......has been occasioned. No authority could be placed from the side of petitioner in support of the contention raised. 5. Contentions pressed into service from the side of petitioner has been repelled for and on behalf of opposite party in bringing his strenuous arguments which are hereunder: (i) ......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......them as desire to be heard or of its own motion without such notice, the High Court Division or the District Court may at any stage transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it competent to try or dispose of the same. 22. The..Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....This Medical Officer found: 1. One incised wound on the anterior and lateral aspect of the left side of the neck size 6”X½ 2. One incised wound on anterior and lateral aspect of the right side of the neck size 5”x 2” x 2 ½ cutting anterior and lateral aspect of the body of the......ction dated 14.9.92 passed by the Sessions Judge, Patuakhali in Sessions Case No. 16 of 1992 convicting and sentencing the accused appellant under section 302 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 2,000.00 in default to payment of fine to suffer imprisonment for......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......mitted dacoity in the hut and also committed murder of the victim but the police without making proper enquiry submitted charge-sheet against the appellant and other accused persons, that the learned trial Court framed charge under section 302 of the Penal Code illegally and, as such, the conviction..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
.... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262.......d decree dated 23-12-1985 (Decree drawn on 01-01-1986) passed by the Munsif, Upazila, Faridganj, in Title Suit No. 570 of 1984, should not be set aside. 2. The petitioner in this Case filed a suit for specific performance of contract of 25-05-1976 against the opposite party No.1 (defendant No.1) ......d not give any definite statement about the possession of the suit land by the defendant Nos.3 and 4. He only said that he heard that the suit land is possessed by them. The DW 4 used to manage the affairs of their entire as stated by DW 7 himself but he also could not give the boundary or area of t......istered kabalas Exhibit A (1)—A (5) and they are in possession of the suit land. 4. The learned Munsif after hearing decreed the suit but on appeal, the Appellate Court sent the suit back to the trial Court on remand for fresh trial. 5. In the meantime, the suit was renumbered as Title Suit ..Category: Civil Law | Date: | Hits: 94
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ied in the Artha Rin Adalat and, as such, the proceeding of the Artha Rin Case and the judgment and decree passed therein is illegal and ultra vires of the Constitution and is against the fundamental right of the petitioner as guaranteed by the Constitution and the same has been infringed in view of......er took some loan from the respondent No.2 the Uttara Bank and since the loan could not he paid within the schedule time the said case was filed at first as an ordinary money suit being No.82 of 1982 for realisation of the said loan money. During the pendency of that suit Artha Rin Adalat Ain (Act 5......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254....... the above provision of the General Clauses Act, as well, that the instant Suit comes within the purview of section 9 of the Artha Rin Ain, to be tried as an Artha Rin case, it is a mere procedure of trial of a suit. So it can be given retrospective effect. Change in the manner for trial or (dismiss..Category: Civil Law | Date: | Hits: 93
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......ng petitioner as pre-emptee laid a Case being Miscellaneous Case No. 6 of 1986 in the Fourth Court of Munsif (now Assistant Judge Narayanganj under section 96 of the State Acquisition and Tenancy Act for an order of pre. emption with respect to land described in schedule to Miscellaneous Case. The s......f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......ioner was a stranger to the case holding. 3. Petitioner of Civil Revision petition as pre-emptee resisted Miscellaneous Case on presentation in full agreement with the decision rendered by learned trial Judge of a written objection taking stand that pre-emption proceeding holding had been sub-div..Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
..... It appears from the order passed by the learned Assistant Judge granting temporary injunction that he has neither discussed the case of the plaintiff nor has determined the prima facie case and the right of the plaintiff to seek injunction nor has decided the question of balance of convenience and......nd the decision taken in the meeting removing the plaintiff from the managing committee and the co-option of the defendants in the managing committee is illegal void and without lawful authority, and for further declaration that the initiation of the enquiry against the plaintiff by the defendant No......th one another formed an unholy alliance to usurp the management of the samity by illegal means, despite such hindrance created by the defendants the plaintiffs have been running and conducting the affairs of the samity smoothly. The account of the Samity was duly audited by the Registrar of the Co-......dingly, the order passed by the learned Additional District Judge is upheld but the observation that has been made in the Judgment, as regards maintainability of the suit will not be binding upon the trial Court at the trial of the suit and the trial Court upon considering the materials adduced befo..Category: Administrative Law | Date: | Hits: 146
....dants but the plaint of the suit was on 11-03-98 returned for want of territorial jurisdiction. On 26-04-98 the plaintiff again instituted Title Suit No.115 of 1998 for declaration of their leasehold right in the suit land and also for perpetual injunction for restraining the added defendants from d......one after another, and is now being disposed of by this order.
4. On 29-11-2000 the petitioner in the later Rule as plaintiff instituted the suit against the Waqf Authorities, defendant Nos.1 to 3 for a decree for mandatory injunction for restoration of possession of the suit land measuring 1.00 ...... but factually incorrect because long before the hearing of the Rule the appeal was withdrawn. For presenting the appeal against the impugned order of ad interim mandatory injunction, it would not be fair to admonish a party or to say that the party acted mala fide or that he has not come with clean......the suit, and also prayed for ad-interim mandatory injunction for a direction upon the defendant Nos.1 to 3 to restore possession of the suit land to them pending hearing of the said application. The trial Court allowed the prayer by its order passed on the same date as impugned in earlier Rule and ..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......Daily Star dated 11-1- 2001 in the heading of “Four-year-old boy charge-sheeted in Criminal Case” this Rule was issued calling upon the Deputy Commissioner Nilphamari to show cause as to why the aforesaid criminal proceeding against Labu Mia, son of Atiar Rahman should not be quashed. 2. The ...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......বয়স ৪/৫ বছর হইবে। তাহার কোন অপরাধ হয় না।” The learned Magistrate in his turn allowed bail to Labu Mia and took the Case to his file for trial. The Investigating Officer, however, on 18-1- 2001 filed another application contradicting his..Category: Criminal Law | Date: | Hits: 101
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......y the Additional Subordinate Judge, Dhaka in Title Appeal No. 48 of 1997. 2. The opposite party No. 1 as plaintiff instituted title suit No. 28 of 1993 in the Court of First Assistant Judge, Dhaka for declaration and cancellation of deed and for permanent injunction. The suit was transferred to t......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214....... defendant-petitioners and Mr. Garib Newaz, the learned Advocate appearing for the plaintiff opposite parties, perused 6. The learned Advocate appearing for the petitioners submits that before the trial Court the opposite party No.1 herself filed an application praying for not sending the documen..Category: Procedural Law | Date: | Hits: 90
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....entirety without any evidence to support the claims of the plaintiff. He also challenged the decree passed on the interest calculated by the plaintiff inasmuch as the plaintiff does not have any such right to add interest on the amount claimed in the suit till decision by a court of law. He also sub......e defendants against the judgment and decree dated 21-11-1999 passed by the Subordinate Judge, 3rd Court, Dhaka in Money Suit No.12 of 1992 decreeing the suit. 2. The plaintiff instituted the suit for a decree for a sum of Taka 10,85,53,174,99. The plaint Case, in short, is that the plaintiff is ......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......that the appeal should be allowed on this ground alone and the party should be directed to pursue the arbitration which they agreed in the contract. Then, he submitted on merit of the appeal that the trial Court decreed the suit in its entirety without any evidence to support the claims of the plain..Category: Civil Law | Date: | Hits: 132
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....udge on the date fixed for admission of the appeal without serving any notice to the plaintiff respondents or giving any chance of hearing to the plaintiff respondents depriving them from their legal right of hearing which has occasioned serious failure of justice. He further submits that the learne......udgment and order passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of 1997 granting temporary injunction.2. Short facts relevant are that the petitioner and pro forma opposite party Nos.6-13 being plaintiffs instituted Title Suit No.7 of 1997 in the Court of th....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196.......ith a prayer for temporary ad interim injunction for restraining the contesting defendants from entering into the suit land and from dispossessing the plaintiffs from the Suit land. 5. The learned trial Court after considering the facts and circumstances, perusing the documents of both sides and ..Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....en, into the hut of the deceased and under the order of Abdus Samad Mondal, accused Abdul Kader dealt dao blows on the nose and face of the deceased, accused Hasen Ali dealt a blow by a dagger in the right side of the chest of the deceased, accused Sayeduzzaman dealt a blow by a dagger in the left s......, 2010. Lawyers Involved: Dr. Rabeya Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Review Petition for Leave to Appeal No.18 of 2007. (From the judgment and order dated the 20th and 21st day of Au......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......the Penal Code. 7. In due course records were sent to the Court of Sessions Judge, Jamalpur and thereupon Session Case No. 58 of 1990 was registered. 8. The accused persons in all 7 were put on trial and they were called upon to answer the charge under section 302 read with section 34 of the P..Category: Criminal Law | Date: | Hits: 57
Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)
....Title Suit No.13 of 1984 (which was later on renumbered as Title Suit No.441 of 1985) in the Court of the learned Subordinate Judge, 1st Court, Sylhet praying for a decree for declaration that he had right, title and interest in the suit land. 3. The facts of the plaintiffs' case were that the su...... 4, 2010. Lawyers Involved: Md. Mozaffar Hossain, Senior Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented-Respondents. Civil Petition for Leave to Appeal No. 326 of 2009. (From the judgment and order dated 24.07.2008 passed by the ......iffs have been holding and possessing the suit land by paying the rent thereof to the government. The plaintiff are all almost illiterate and the) have no knowledge or experience about settlement affairs and they were in firm behalf that the suit land had been rightly recorded in their names durin......ned District Judge, Sunamgonj which was heard by the learned Additional District Judge, Sunamgonj who by the judgment and decree dated 14.08.2001 dismissed the appeal and affirmed the judgment of the trial court. 7. Being aggrieved the plaintiff moved Civil Revision No. 5892 of 2001 before the Hi..Category: Property Law | Date: | Hits: 28
Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)
.... same was wrongly prepared in the names of Tobarak Ali, Jahur Ali, Golabi Bibi and Gol Bibi. The plaintiff had been possessing suit land since his purchase but the defendant No.1 without having any right, title and interest, all on a sudden, forcibly dispossessed the plaintiff from the suit land o......uary 17, 2010. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No.33 of 2009. (From the judgment and order dated the 28th day of August and ...... one month. The preparation of paper books is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510.......uit is liable to be dismissed. 4. Mr. Mahbubey Alam, learned Counsel, appearing for the petitioners submitted that on proper consideration of the documentary and oral evidence of the parties the trial Court and the Court of Appeal below concurrently found title and possession of the plaintiff..Category: Property Law | Date: | Hits: 45
Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)
.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499.......r the Petitioners. Syed Amirul Islam, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record- For Respondent No.9. Not Represented-For Respondent Nos. 1-8, 10-33. Civil Petition for Leave to Appeal No. 429 of 2009. (From the judgment and order dated 25.11.2008 passed by the ...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499.......g F.A. Nos. 170 of 1954 and 176 of 1954 respectively. The then High Court of East Pakistan by judgment and order dated 6.6.1961 dismissed all the appeals and affirmed the judgment and decree of the trial court. The plaintiffs preferred Civil Appeal No.47D of 1966 and the defendants preferred Civil..Category: Property Law | Date: | Hits: 17
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......……….....Respondents Judgment July 5, 2009. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1179 of 2008. (From the judgment and order dated 25.09.2007 passed by the......judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ...... 1970 before the High Court and the same was also dismissed on 01.03.1988. Thus the said suit is barred by principles of res judicata. 5. The plaintiff-respondent filed an application before the trial Court for amendment of plaint for adding a new prayer for a declaration that the patta dated..Category: Procedural Law | Date: | Hits: 95
....uda Khatun and others are forged and fabricated documents and have been made through impersonating the deceased Kabir Ahmed through fictitious person and consequently Younus Mia could not acquire any right, title and interest in the suit land and hence the alleged deed executed on 18.09.1978 and r......itioners
Kamal-ul-Alam, Senior Advocate, instructed by Md. Toufique Hossain, Advocate-on-Record-For Respondent Nos. 1-3, 5, 7-9.
Not represented-Respondent Nos. 4, 6, 10-26.
Civil Petition for Leave to Appeal No. 888 of 2009.
(From the judgment and decree dated 23.02.2009 passed by the......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486.......ve not examined the attesting witnesses of their deeds and in the absence of original deeds, they may be afforded an opportunity to examine them and accordingly, the suit may be remanded to the trial Court for fresh hearing for ends of justice. Learned Advocate further submits that the defenda..
Category: Property Law | Date: | Hits: 38
Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)
.... that the suit property having an area of 0236 ajutangsha originally belonged to one Kazim Khalifa, the C.S. recorded tenant. C.S. Khatian No. 14789 C.S. Plot No.264 was in his name. He transferred right, title and interest and possession of the suit property to one Amiruddin Ostagar who is the ......amim Khaled Ahmed, Advocate with him) instructed by Abu Siddique, Advocate-on-Record-For the Petitioner (In both the cases). Not represented- the Respondents (In both the cases). Civil Petition for Leave to Appeal Nos. 508 and 509 of 2009. (From the judgment and order dated 06.01.2009 passe......llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......nauthorizedly. The plaintiff respondent, the petitioner, herein is an ejectable monthly tenant and hence the suit for permanent injunction is liable to be dismissed. 4. The suit was decreed by the trial court and on appeal the decree was reversed and the suit was dismissed and on revision, the Hi..Category: Property Law | Date: | Hits: 24
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