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Mainuddin Vs. State, 2010, 39 CLC (AD)
....in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259......arned Judges of the High Court Division committed error of law in not interfering with the order of charge. 6. We have heard the learned Senior Counsel for the petitioner and perused the connected papers as well as the impugned judgment. We noticed that the learned Magistrate has enquired into th......im CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mainuddin………………………………….Petitioner Vs. The State and another………………..Respondents Judgment August 5, 2010. Lawyers Involved: Ab......ce of offences punishable under section 302/34 of the Penal Code. After the case record was sent to the learned Sessions Judge for trial, the latter on consideration of the record of the case and the documents submitted therewith was of the opinion that there is ground for presuming that the accused..Category: Criminal Law | Date: | Hits: 24
Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abul Kasem………………………………Petitioner Vs. Government of Bangladesh, represented by the Deputy Commissioner, Mymensingh and others………………Respondents Judgment August 1, 2010. Lawyers Involved: Md. ......ir claim is that the land being the excess land of the ex-landlords vested in the Government, and accordingly it was recorded in the khas Khatian of the Government and that the Kabuliyats were forged documents. 4. The Trial Court on consideration of the evidence on record dismissed the suit by it..Category: Property Law | Date: | Hits: 27
M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)
.... Division in Civil Petition No.624 of 2000, which arouse out of judgment and order dated 24th April, 2000 of a Division Bench of the High Court Division in Writ Petition No. 2023 of 1995. 2. Facts relevant for disposal of this appeal are that the appellant purchased a fishing trawler under the na......e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......J Shah Abu Nayeem Mominur Rahman J Surendra Kumar Sinha J M/S. Sagar Swamvar………………………….Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Fisheries and Live Stocks, Bangladesh Secretariat, Dhaka and others…………………….Respondents Jud......e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ..Category: Property Law | Date: | Hits: 34
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
....usal of these provisions that the only inquiry that affects decision is the inquiry for ascertainment of possession. Title may have a bearing on the question of possession and for that purpose may be relevant, but an inquiry into title as such is of no avail.” There is no doubt that the scope o...... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......his Case is also Reported in: 54 DLR (2002) 123.......collusive and false. The application was also claimed to be barred by limitation, and not maintainable in law. The deeds were created. 5. The petitioners examined three witnesses and produced some documents including their purchase deeds while the decree holder examined one of its officers. The t..Category: Property Law | Date: | Hits: 27
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....y affidavit-in-opposition and has argued that this detenu was involved in the case of murder of a student leader named Sajal belonging to Chatradal and as the detenu was MP of the ruling party at the relevant time, he managed a final report tin that case by exerting pressure upon the police. Mr. Zam......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......use as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. Amirul Islam who appeared in support of the Rule, at fir......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....ection 365 and 342 were never triable by the Special Tribunal, as those were not ever included in the schedule of the Special Powers Act. He further submits that the trial has been vitiated as at the relevant time, section 387 of the Penal Code was excluded from the schedule of the Special Powers Ac....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......DLR (AD) 18; Dulal Howlader Vs. State, 48 DLR 269; 1986 BLD (AD) 283; 51 DLR 154; 53 DLR (AD) 1; 41 DLR 385; 35 DLR 5, 127; 10 DLR (SC) 29. Lawyers Involved: Farhad Ahmed with Dewan Abdun Naser and Fazle Rabbi, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-Gen......ce of PW 2 remains for consideration but we do not find any material in his evidence that he was put under fear of death or confined against his will and the miscreants extorted money or any valuable documents or anything from him or compelled him to deliver anything on fear of death. Rather he stat..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....registered by the original lessee Rafi Ahmed Fidai in favour of the appellant's vendor Zakia Khatoon, and the said deed was testified to have been recorded by the official of the record room in the relevant volume before the Court of Settlement, but the Court of Settlement having been influenced b......gedly sold the case property at Taka 8,000. Thus, either kabala is false or the said Form 'A1 is false. 21.The Court of Settlement further proceeded to hold that P.W.1 Rahman Jahangir produced papers relating to payment of taxes to Dhaka Municipality in Exhibit 12 series; this document do not......urt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Ambia Khatun.............................Appellant Vs. Bangladesh and others.............Respondents Judgment August 10, 2009. Cases Referred to- Baldwin ......urt of Settlement, but the Court of Settlement having been influenced by extraneous consideration did not consider this vital evidence including the assessment roll for the year 1967-68 and other documents and found erroneously the document of 1963 to be forged and created fraudulently and thus,..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
.... prove the execution of kabala No. 482 by her calling the thumb impression register Exhibit F-1. This defendant filed a special criminal case against the plaintiff and others for destruction of the relevant pages of register volume 15 wherein she was acquitted. Sultan Ahmed since deceased depose......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195...Category: Property Law | Date: | Hits: 29
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
.... Nari-o-Shishu-Nirjatan Ain, 1995. Thereafter the case record was transmitted to the learned Nari-o-Shishu-Nirjatan 1st Court, Narayanganj, who held the trial in absentia and being satisfied with the relevant papers, documents and the evidence of PWs, convicted and sentenced the convict petitioner a......hishu-Nirjatan Ain, 1995. Thereafter the case record was transmitted to the learned Nari-o-Shishu-Nirjatan 1st Court, Narayanganj, who held the trial in absentia and being satisfied with the relevant papers, documents and the evidence of PWs, convicted and sentenced the convict petitioner as aforesa......mmad Chowdhury, Deputy Attorney General — For the State. Criminal Miscellaneous No. 3642 of 2001. Judgment Altaf Hossain Khan J.- This Rule issued at the instance of the convict-petitioner and, Delower Hossain @ Bhuiya calling upon the Commissioner Narayanganj to show cause as to why the ......rjatan Ain, 1995. Thereafter the case record was transmitted to the learned Nari-o-Shishu-Nirjatan 1st Court, Narayanganj, who held the trial in absentia and being satisfied with the relevant papers, documents and the evidence of PWs, convicted and sentenced the convict petitioner as aforesaid on 10..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....d rule 15 of Order XXXII has not been done has placed a large number of decisions of Pakistan, India as well as our jurisdiction. I think for convenience of discussions it is necessary to produce the relevant observations from the decisions. 15. In the case of Munshi Abdul Gani another Vs. Protiv...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......(2002) 108. ...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ..Category: Property Law | Date: | Hits: 44
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......the appellants and Mr. A. J. Mohammad Ali, the learned Counsel appearing for the respondent Nos. 1-18 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 11. The learned Counsel appearing for the appellants submits that the learned A....... Supreme Court Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Bhashani Mondal being dead his heirs Nanda Rani Mondal and another…......Appellants Vs. Md. Abdus Sukur and others……………......12. He further submits that the suit land being owned by the defendant No.1 and the deceased husband of the defendant No.2 who had a limited life interest, the exhibits 5,7,8 and 9 series being basic documents of alleged title of the plaintiffs having not been proved in accordance with law, the cont..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....ver having not affirmed on oath and even not examined in court the said was not a valid service. In support of his contention, the learned Advocate referred to decisions which I shall advert at the relevant portion of the judgment. 4. Mr. Mahfuzur Rahman, the learned Advocate appearing for the ......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......er as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147...Category: Procedural Law | Date: | Hits: 66
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
.....” 9. In the case of Sreemati Charubala Shen Gupta vs. Abul Hashem and others reported in 33 DLR (AD) 254, the Appellate Division of the Supreme Court of Bangladesh has held the same view. The relevant portion of the said decision reads as follows:- “The interest in the estate of the tes......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. .................Petitioners Vs. Sree Shibu Pada Dam.............................Opposite Party Judgment November 3, 1987. Cases Referred to- Md. Abdul Jalil Anseri vs. SurendraNath Basu and others, 21 DLR, 331; Sreemati Charubala Shen Gupta vs. Abul Hashem and others, 33 DLR (AD) 254. ......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ..Category: Property Law | Date: | Hits: 54
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
....poration. Secondly, sub-rule (II) of Rule 7 of the Rules of 1984 has no manner of application in the facts and circumstances of each case. 6. Such being the bone of contention between the parties, relevant facts of each case may now be summarised as follows. 7. In Writ Petition No.83 of 1985 t...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......ules are discharged. Cases Referred to- 32 DLR (AD) 46; 31 DLR 326; Vitarelli vs. Seaton (1959) 359 US 535; 3 L Ed 2d 1012 Ramana Dayaram Shetty vs. The International Airport Authority of India and others, AIR 1979 (SC) 1928); M. Noman vs. the Dhaka Improvement Trust, 16 DLR (Dhaka) 536; The...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......ourt High Court Division (Civil Appellate Jurisdiction) Present: MA Choudhury J Md. Abdul Aziz J Sonali Bank………………….……………..Petitioner Vs. Rana Oil Mill and ors …………………..Respondents Judgment May 24, 1999. Cases Referred To- Koh......unt under IDA credit. 3. The defendant No. 2 after accepting and signing the sanction letter and mortgaging his own properties and those of his wife and executing several bonds. DP notes and other documents in favour of the bank, set up the mill in the building already constructed by the defendan..Category: Civil Law | Date: | Hits: 85
....bout the allegation contained in the report published in the above newspaper.
3. To determine the question whether such a direction for holding investigation can be given, we are to consider the relevant provisions regarding holding of investigation on receipt of information of commission of ......er and publisher of daily “Dinkal” has also conceded that there is nothing to show the involvement or collusion of the respondent No. 2, rather Mr. Goswami, after taking us through the relevant papers, has submitted that only a letter was issued by the Registrar of this Court for supplying c......
(Special Original Jurisdiction)
Present:
M Hamidul Haque J
Md. Imman Ali J
Mohammod Hossain, Advocate……. Petitioner
Vs.
Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others………… Respondents
Judgment
...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... No.4 has issued the impugned notices asking the petitioner to return the house in question. 5. The petitioner has alleged that the impugned notices are not only misconceived and misleading but irrelevant as the lease in perpetuity was executed and registered as long back as on 8.7.1981. It is s......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......ourt High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Begum Khaleda Zia...........Petitioner Vs. Government of Bangladesh and others .......... Respondents. Judgment October 13, 2010. Result: The rule is disch......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....hown to have been filed by him on 27.9.95 and further on comparison of the signatures made in the said application and the CD, serious discrepancies have been found and though such matters may not be relevant but the positive case advanced by the defence regarding political influence can also not be......cision 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: 18 BLT (AD) (2010) 465. ......ition No.73 of 2009) Judgment April 27, 2009. Cases Referred To- Sk. Shamsur Rahman @ Shamsu Vs. The State 10 BLR 251; Tapinder Singh Vs. State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah Vs. State of Gujara, AIR 1972 SC 1776; State Vs. Mukbul Hossain, 26 DLR 419. Lawyers Inv......cision 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: 18 BLT (AD) (2010) 465. ..Category: Criminal Law | Date: | Hits: 33
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......u till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......inuance of the proceeding of this suit before this Court. Moreover, both the parties are foreign parties none of them is from England, the incident has occurred within the jurisdiction of Bangladesh, documents are here in Bangladesh, and the subject-matter of the instant Admiralty Suit i.e. the impo..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....10. In this case the prosecution has examined 10 witnesses to bring home the charge against the 25 accused persons put on trial. PW 1 Md. Ketab Ali has deposed in his examination-in-chief that at the relevant time he was a UP member and while he was returning home from Saidpur at about 3-00/4-00 PM ......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......s Case is also Reported in: 54 DLR (2002) 80. ......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ..Category: Criminal Law | Date: | Hits: 83
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