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Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)
....the 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) 467.......li, Senior Advocate instructed by Zainual Abedin, Advocate-on-Record-For the Petitioners. Saidur Rahman on behalf of Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1946 of 2009. (From the judgment and order dated the 12th day of May, 2009......the 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) 467.......t and that all the papers of the plaintiff are false and as such, the suit is liable to be dismissed. 4. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the petitioners submitted that the trial Court on consideration of evidence on record dismissed the suit in holding that after abolitio..Category: Property Law | Date: | Hits: 91
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......eal No. 398 of 2009. (From the Judgment and order dated 13.07.2009 passed by the High Court Division in Criminal Appeal No. 4393 of 2007) Judgement ABM Khairul Haque J.- This is a petition for leave to appeal, filed on behalf of the Anti-corruption Commission, against the Judgment and Ord......n 26 certainly does not envisage a notice upon a person who is in detention and he is not expected to give any details of his assets within the time specified. The person concerned must be afforded a fair and reasonable opportunity to respond to the notice, otherwise, it is no notice in the eye of l...... Senior Special Judge, Dhaka, with due sanction from the Commission. The learned Senior Special Judge, Dhaka, took cognizance of the offence and sent the case to the Third Court of Special Judge, for trial. A supplementary charge sheet was also submitted on 21.05.2007 against the respondent no.1, br..Category: Anti-Corruption Laws | Date: | Hits: 231
Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)
....neously plot No.1349 has been written instead of plot No.1350 and the transferred area was mentioned as 07½ decimals instead of 9½ decimals. Infact the predecessor of the defendants Arab Ali had no right, title and interest to transfer and land of plot No.1349 which was in possession of the predec......cate instructed by Mr. Md. Nawab Ali, Advocate-on-Record- For the Petitioners. Tubarak Hossain, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 3 of 2008 (From the judgment and order dated 19.11.2007 passed by the High...... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ......orthern portion out of the said 2nd schedule as mentioned in the 3rd schedule with the allegation that the plaintiffs were disposed during the pendency of the suit. The said suit was dismissed by the trial court vide judgment and decree dated 15.07.2001. Against the said judgment and decree the peti..Category: Property Law | Date: | Hits: 26
....is granted to consider the same.
Security of Tk.1,000/- is to be deposited within one month.
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in:
......-Record-For the Petitioner.
Abdus Salam, Senior Advocate instructed by Mr. Syed Mahbubar Rahman, Advocate-on-Record- For Respondent No.1.
Not represented- Respondent Nos. 2-5.
Civil Petition for Leave to Appeal No. 20 of 2008
(From the order dated 13.11.2007 passed by the High Court Divi......is granted to consider the same.
Security of Tk.1,000/- is to be deposited within one month.
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in:
...... judgment and decree dated 04.07.2005 passed by the learned Joint District Judge, Additional Court, Narayanganj in Title Suit No.03 of 2005. Title Suit No.03 of 2005 was sent back on remand for fresh trial by giving parties opportunity to adduce further evidences, if they so desire. Respondent No.5 ..
Category: Civil Law | Date: | Hits: 82
....petition.
4. The learned Advocate appearing for petitioners submits that during pendency of suit defendant nos.1-10 transferred their entire interest to the petitioners. Therefore, the trial Court rightly allowed their application and impleaded them as defendants. In support of his contentions th...... learned District Judge, Gazipur, allowing Civil Revision no. 04 of 2008 by reversing those of dated 03-02-2008 passed by learned Senior Assistant Judge, first Court, Gazipur, allowing an application for addition of party in Title Suit no. 363 of 2005.
2. Material facts are that on 10-10-2005 pl......rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside.
Office is directed to communicate the at once.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 233.......3. In suit, on 20-09-2007 one Md. Shafiul Alam and five others sought to be impleaded as defendants under Order I Rule 10 (2) of the Code of Civil Procedure (briefly as the code) which was allowed by trial Court on 03-02-2008 but the order was reversed in revision by the impugned order. Hence the pe..
Category: Property Law | Date: | Hits: 27
Abul Hossain Vs. State, 2008, 37 CLC (AD)
.... 14. It appears that the victim was the wife of the accused petitioner who was done to death in the house of the petitioner while the petitioner was present in the house. Therefore the courts below rightly held that the husband petitioner was under an obligation to explain how his wife was done to......……….........Respondent Judgment July 24, 2008. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 125 of 2007. (From the judgment and order dated May 25, 2006 passed by th...... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134.......his 1st wife under sections 302/201/34 of the Penal Code. The said charge was read over and explained to the accused-appellant, who pleaded not guilty to the charge and claimed to be tried. 9. The trial was held before the court of learned Additional Sessions Judge, 2nd court, Noakhali under sect..Category: Criminal Law | Date: | Hits: 45
Anti Corruption Commission Vs. Barrister Mir Mohammad Helal Uddin and another, 2008, 37 CLC (AD)
....hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ......ate-on-Record-Petitioner. Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Ibrahim Khalil, Advocate-on-Record- Respondent No. 1. Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 270 of 2008. (From the judgment dated 03.06.2008 passed by the High Court......hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ......ation Case No. 26 dated 06.03.2007 was started against him and his father Mir Mohammad Nasiruddin. Charge sheet No. 42 dated 29.04.2007 was submitted against him and his father. The case was sent for trial and by judgment and order dated 04.07.2007 passed by Special Judge, Special Court No. 2 in Spe..Category: Criminal Law | Date: | Hits: 51
Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)
....n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ......emand a detailed recounting of facts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Title suit No.326 of 1982 in First Court of Munsif, Dhaka for declaration of title and recovery of Khas possession with respect to property described in sched......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ...... The certified copy of the judgment dated 13th January 1993 recorded by the High Court Division had been placed before me. On Perusal of the judgment I find that the High Court Division directed the trial Court to conclude trial within 3(three) months from the receipt of the order of the court. ..Category: Property Law | Date: | Hits: 27
Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
....ttled that if an order is obtained through misrepresentation and fraud upon the Court, in the exercise of its inherent power under section 151 of the Code of Civil Procedure this court can set things right, even suo motu, if it comes to the notice of the Court. Section 151 of the Code of Civil Proce......ve Engineer & others……………Opposite Parties Judgment January 26, 2000. Lawyers Involved: Syed Ziaul Karim, with Md Salauddin Talukder and Syeda Maimuna Begum, Advocates—for the Petitioner. A Hasib with MA Tariq, Advocates—for the Opposite Parties. Civil Revisi......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ..Category: Property Law | Date: | Hits: 21
....costs.
The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183.......r section 115 of the Code of Civil Procedure is an order dated July 18, 1999 recorded by learned District Judge, Moulvibazar in Title Appeal No. 5 of 1999 rejecting a petition presented by petitioner for condonation of delay of 1038 days and thus, dismissing the appeal.
2. The decision proposed t......costs.
The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183.......
6. Learned District Judge by his order No.2 dated 1-2-1999 admitted the appeal provisionally, called for the record, issued notice upon respondents and stayed operation of the judgment and decree of trial Judge. Learned District Judge by order No.4 dated 14-2-1999 directed the parties to maintain s..
Category: Limitation Law | Date: | Hits: 152
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....Counsel appearing for the petitioner and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 20. It appears that the High Court Division rightly held that the plaintiff has no document of title in respect of 730.20 square yards of land a......im) instructed by MG Bhuiyan, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 8-11. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 2045 of 2009. (From the judgment and order dated 12-8-2006 passed by the ......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......and also prayed for a temporary injunction under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure restraining the defendants from evicting the petitioner from the suit property. 17. The trial Court rejected the application and on appeal the High Court Division also dismissed the appe..Category: Property Law | Date: | Hits: 44
Anti-Corruption Commission and others Vs. Md. Obaidul Karim and others, 2010, 39 CLC (AD)
....1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ......tructed by ASM Khalequzzaman, Advocate-on-Record—For the Petitioners. Md. Nawab Ali, Advocate-on-Record—For the Respondent No.1. Not Represented—the Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 36 of 2009. (From the order dated 8-6-2008 passed by the High Court Divis......1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ......ule is discharged. 5. We hope that the High Court Division shall not repeat the same kind of error in future. 6. Under the circumstances, the respondent No.1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. E..Category: Anti-Corruption Laws | Date: | Hits: 266
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....limuddin died leaving behind the plaintiffs as his legal heirs and since then the plaintiffs have been possessing the suit land for more than 12(twelve) years; that in the recent revislonal record of right, the suit land has been recorded in R.S. Khatian No. 1327; that the plaintiffs went to local T......ammel Haque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. (Appeared with the leave of the Court) Not represented- the Respondents. Civil Petition for Leave to Appeal No.28 of 2009. (From the Judgment and order dated the 29th day of July, 2......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......l below committed an error of law in holding that the plaintiff had miserably failed to establish its right and title in the suit land which is contrary to the evidence. 5. It appears that the trial Court as well as the Court of Appeal below on consideration of the evidence, both oral and doc..Category: Property Law | Date: | Hits: 28
Sree Jibon Sharma Vs. Sreemoti Subasini Sharma and another, 2010, 39 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ...... Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 2207 of 2009. (From the judgment and order dated the 19th day of July...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ......rt decreed the suit for a sum of TK. 86,000.00 against maintenance of the plaintiff No.1 from 03.05.1998 and also allowed maintenance at the rate of TK. 1000.00 per month from the date of decree. The trial Court decreed for TK. 25,000.00 in favour of the plaintiff No. 2 and TK.500.00 per month from ..Category: Family Law | Date: | Hits: 182
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....f the trial Court ascertained the violation of the order of status quo by appointing two Advocate Commissioners and made the order of demolition of the structures. No person to the litigation has any right or authority to flout the order of the Court and if such acts are allowed then the Courts auth...... no co-sharer should be restrained by an order of injunction from making construction on the suit lands in a partition suit. 2. Appellant instituted Title Suit No.1 of 1996 against the respondents for partition of the suit lands and allotment of a saham of .50 acres of land out of .68 acres of la...... the offending party, by issuing a temporary injunction in mandatory form to restore status quo ante." 13. The Appellate Division was further of the view that "this principle is in consonance with fair administration of justice and this power of making an order of mandatory injunction on an inter...... the nature and character of the suit lands or from cutting away trees from the suit lands. The respondents No. 1 and 2 resisted the prayer for temporary injunction by filing a written objection. The trial Court made an interim order of status quo on 6th January, 1996 and upon hearing the parties th..Category: Property Law | Date: | Hits: 84
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ot yet a voter for the organization’s election. 20. When a part of the election has already been completed without any objection from any corner, we find that the present petitioner has no legal right even according to the memorandum of articles of association of FBCCI, as quoted above and in v......5041 of 2000. Judgment Abu Sayeed Ahammed J. - This application is directed under Article 102 of the Constitution of the Peoples Republic of Bangladesh. On 10-10-2000, this matter was placed before a Vacation Bench of this Court and an order was passed to place it before the Regular Bench aft......9. Registered trade organisation to be subject to the control of Director.- (1) All acts and proceedings of a registered trade organisation shall be subject to the control of the Director and the affairs of such trade organisation shall be managed and conducted in such manner as the Director may, ......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ..Category: Business or Commercial Law | Date: | Hits: 204
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......eous (Pre-emption) Case No. 11 of 1988 in the Court of the Assistant Judge, Keraniganj, Dhaka impleading the petitioners as pre-emptees and opposite party Nos. 3-14 as other opposite parties, praying for pre-emption of the Case land under section 24 of the Non-Agricultural Tenancy Act alleging, inte......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ...... pre emptees also claimed that the pre-emptee No. 5 is a co-sharer in the Case land and, as such, the pre-emption Case that was filed against a co-sharer by inheritance is not maintainable. 4. The trial Court framed necessary issues and on consideration of the same found that the pre-emption proc..Category: Property Law | Date: | Hits: 31
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....front of the ear 2 ½ X 1” X muscle deep. Lacerated injury over left Mandible 3” X 1’ muscle deep. 16. Lacerated injuries: upper part left neck 5’X 2” X muscle deep. Above and behind the right ear 2”X 1” X muscle deep. 1” X 1” X muscle deep below the right ear over right shoulde......dditional Sessions Judge, Second Court, Tangail in Sessions Case No.6 of 1992 convicting the convict appellant Hasmat Ali under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Taka 3000 in default to suffer rigorous imprisonment for a further per......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ...... efficacy of the confessional statement. 7. The learned Deputy Attorney-General, on the other hand, supports the impugned conviction and sentence and the reasons assigned in support thereof by the trial Court. 8. We would now turn to the evidence and materials on record in order to find out wh..Category: Criminal Law | Date: | Hits: 27
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
.... Government of the State of Jammu & Kashmir reported in 1973 PLD 62, it has been held that in the Case of temporary injunction an applicant must show (a) a fair prima facie Case in support of the right claimed (b) an actual or threatened violation of the right (c) Productive of irreparable or at......ive Board Meetings and some other important decisions were taken and it was also decided to amend the company’s Memorandum and articles of Association. The copy of the resolution dated 22-2- 98 was forwarded to the Directors and shareholders of the company but none raised any objection to that. Th......waja Muhammad Aslam Khan (Retd) Vs. Azad Government of the State of Jammu & Kashmir reported in 1973 PLD 62, it has been held that in the Case of temporary injunction an applicant must show (a) a fair prima facie Case in support of the right claimed (b) an actual or threatened violation of the r...... hereby set aside and Title Suit No. 150 of 1999 of the 1st Court of Senior Assistant Judge, Dhaka is hereby withdrawn from that Court and transferred to the 1st Court of Subordinate Judge, Dhaka for trial along with Title Suit No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby di..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
.... is applicable in the Cases pending before the Court of Magistrate. This section 171 is included in part V, Chapter XIV, of the Code of Criminal Procedure, in which, the police is given the statutory right to carry on investigation and set the criminal law in motion. The functions of the judiciary a......in charge of Sessions Case No. 3712 of 1999 pending in the Court of learned Metropolitan Additional Sessions Judge, 5th Court, Dhaka should not be changed and a Special Public Prosecutor be appointed for conducting the Case or pass such other or further order or orders as to this Court may seem fit ......dge though allowed the prayer for time expressed serious dissatisfaction about the conduct of the learned public prosecutor. He even wrote letters to the Secretary in charge of the Ministry of Home Affairs and the Inspector General of Police, Bangladesh pointing out the neglect and laches on the par......r. M Faruq feebly opposes the Rule and submits that the articles published in the newspapers are not based upon true facts. He submits that there was further investigation into the Case for which the trial of the Case could not be held earlier. Mr. Faruq further submits that because of shortage of t..Category: Criminal Law | Date: | Hits: 189
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