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Sayed and othÂers Vs. State, 2009, 38 CLC (AD)
.... convicting the accused petitioner Nos. 1, 4, 6 and 7 under Section 302/149 of the Penal Code and petitioner Nos. 1 and 5 under Section 302/19 of the Penal Code sentencing each of them to suffer imprisonment for life and to pay fine of TK. 20,000.00 each in default to suffer imprisonment for one yea......ove, we find no subÂstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......opportunity on a false pretext the informant has lodged the FIR at the Tahirpur Police Station. 4. Mr. Mansurul Haque Chowdhury, learned Counsel, appearing for the petiÂtioners submitted that the trial Court erred in law as well as in merits as the trial Court did not properly sift and analyze t......lso Reported in: VII ADC (2010) 830. ..Category: Criminal Law | Date: | Hits: 26
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....ff instituted the suit against the appellants and another for a decree of partition of the suit land described in schedule-I for a separate share of his purchased 6 Gondas of land (12 decimals) and also for a proportionate share of the excess land in schedule I. Same date he made and moved an applic......22-1-2002 granting injunction is set aside and the application of the plaintiff dated 29-8-2001 is rejected. 22. In view of the above decision, the connected Rule is discharged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit.......nstruction in schedule-I land and/or making any change of the suit land till disposal of the suit. Defendant Nos. 1 and 2 opposed the application by filing a joint written statement. On 22-1-2002 the trial Court allowed the application and restrained said defendants by impugned order of temporary in...... also Reported in: 54 DLR (2002) 515...Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....dar 33 CWN 1211; Abdus Samad and others vs. Md. Sohrab and others, 1981 BLD (AD) 77. Lawyers Involved: M Enayetur Rahim, Advocate—For the Petitioner. Opposite Party No. 1—Appeared in person and represented himself. Civil Revision No. 4354 of 2001. Judgment AKM Shafiuddin J. - ......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......ined the offer and recommended the sale of the property to Madinullah. It was claimed that Mannan had known of the transfer of the case land to Madinullah immediately after the transfer. 4. At the trial, in support of his case, Mannan examined 3 witnesses, including himself; his other two witness......l Mannan & another…………………………….Respondents Judgment November 28, 2001. Cases Referred- Promotha Nath Mazumdar vs. Nagendra Nath Mazumdar 33 CWN 1211; Abdus Samad and others vs. Md. Sohrab and others, 1981 BLD (AD) 77. Lawyers Involved: M Enayetur Rahim, A..Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....ments Act, is set aside. The learned Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......oque Chowdhury, Assistant Attorney-General — For the Opposite Parties. Criminal Miscellaneous Case No. 4958 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite parties were called upon to show cause as to why the proceedings of CR Case No. 25/99-50(1)/99, pending in the Co......d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......igh Court Division (Criminal Revisional Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Chowdhury J Siddique Abedin……………….. Petitioner Vs. Md. Musa Alam and State……………….. Opposite Parties Judgment August 17, 2000. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 28
.... 42 DLR (AD) 110; Motasim Ali Chowdhury Vs. Md. Ismail, 4 BLC (AD) 98; Shahiman Bewa Vs. Shafiduddin Ahmed and others, 1986 BLD 58=38 DLR 265; Pakistan National Shipping Corporation and another Vs. Resources International and others, 1 BLC (AD) 174; Amritlal N Shah Vs. Alla Annapuranamma, AIR 1959 A......gality, nor such decision has resulted in failure of justice.
31. In the result, the Rule is discharged without, however, any order as to costs. Order of stay granted on 13‑11‑2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance wit......on behalf of defendant opposite party No. 3, Mr. Hassan submitted that defendant No. 3 also did not receive any summons of the suit and therefore, could not oppose the prayer for amendment before the trial Court. He however adopted the submissions of Mr. Morad Reza.
10. By filling affidavit-in-re......vil Revisional Jurisdiction)bes
Present:
Md. Abdur Rashid J
Syed Mahmud Hossain J
Bangladesh Shipping Lines Ltd………………..Petitioner
Vs.
Commissioner of Customs, Chittagong and others.............Opposite Parties
Judgment
July 21, 2002.
Cases Referred To-
Mal..
Category: Procedural Law | Date: | Hits: 60
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....26-8-86 passed by the learned Sessions Judge Perojpur on Sessions Case No. 21 of 1986 convicting the appellants under sections 304/34 of the Penal Code and sentencing each of the suffer rigorous imprisonment (RI) for 5(five) years and to pay a fine of Taka 300 in default to suffer simple imprisonmen......e does not remember whether he told to daroga that Shaymol’s mother told him that the cowherd of the buffaloes beat Shaymol. 14. PW 5 Yakub Ali a quack doctor has stated in his chief that he was called for treatment of Shaymol on Saturday but he did not give any medicine to him as he could not ...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502....... is also Reported in: 54 DLR (2002) 502...Category: Criminal Law | Date: | Hits: 30
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
....Ali Mandal contested the case stating, inter alia, that the deposit of money was insufficient as the consideration of the sale was fixed at Taka 40,000 which was actually paid by the transferee and also stated in the bainapatra executed prior to the execution of the sale deed. It is contended furthe......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......itioner taking advantage of quoting low price in the kabala, filed the present preemption case for illegal gain. 9. On perusal of the certified copy of the oral evidence adduced before the learned trial Court (supplied by the learned Advocate for that petitioner at the time of hearing) it appears......cate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ..Category: Procedural Law | Date: | Hits: 75
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
....nts sent therewith. He then refers to the First Information Report and the charge-sheet and submits that in the four corners of the First Information Report or charge-sheet there is no allegation whatsoever in so many words that the accused opposite parties did anything as to suppression of summons ...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ......t against the accused opposite party Nos. 1 to 4 and others on 30-5-1995 under sections 419/420/467/471/109 of the Penal Code and section 5(2) of Act II of 1947. The case thereafter has been sent for trial before the learned Divisional Special Judge who heard the matter on 29-7-1997 and by the impug......isdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Syed Ahmed Chowdhury………………. Petitioner Vs. Abdur Rashid Mridha, Retired Process Server, 2nd Munsif Adalat and 15 ors…….. Opposite Parties Judgment April 24, 2002. Lawyers Involved: Md. Mo..Category: Criminal Law | Date: | Hits: 29
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....al, Dhaka in Anti-Corruption Tribunal Case No. 3 of 1994 convicting the appellant under section 4(2) of the Anti-Corruption Act (Act 26 of 1957) and sentencing him thereunder to undergo rigorous imprisonment for 3(three) years and to pay a fine of Taka 25,000 in default to suffer simple imprisonment......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......investigation, the charge-sheet was submitted against the appellant under section 4(2) of Act 26 of 1957. Eventually the case was transferred to the Senior Anti-Corruption Tribunal, Dhaka for holding trial who then framed charge against the appellant under section 4(2) of Act 26 of 1957 to which the......¦â€¦Appellant Vs. State…….. Respondent Judgment December 11, 2001. Cases Referred To- Tarique Rahman vs. Director General Bureau of Anti-Corruption, Government of Bangladesh and others 52 DLR 518; Mustafizur Rahman and 3 others vs. DG Anti-Corruption & others 49 DLR 599..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....ery of possession. The suit was then renumbered as Other Suit No. 22 of 1992. On 29-10-95 the suit was decreed on contest. First Appeal No.37 of 1996 preferred by the defendants from the decree was also dismissed by this Division by judgment and decree dated 29-10-2000. In the meantime, said decree ......on. 23. In the circumstances, we are of the view that order dated 22-10-2001 as recorded in Civil Order No. 5742 of 2001 should need to be modified and the direction for stay of the execution be recalled. 24. In the result, the applications allowed. The order dated 22-10-2001 passed in Civil O...... the Code in entertaining such application as after final disposal of the revision application. 12. In Abdus Sattar Khondaker Vs. Premlata a single Bench of this Division confirmed an order of the trial Court which set aside an ex parte decree obtained against dead persons by suppressing summons ......s Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....hirgonj consists of agricultural, non-agricultural and pond land and the same were owned by the father of the plaintiff and defendant No.1 namely late Rostam Ali Bhtiiyan. Their father died leaving 2 sons namely the plaintiff and the defendant No.1 and 4 daughters namely Rahela, Rabiya, Sufia and Ac......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500.......e. The defendant No. 1 never dispossessed the plaintiff from any portion of the land and he had never been in possession of .10 acres of land as shown in the schedule to the plaint. 4. The learned trial judge considered the evidence and materials on record and by his judgment and decree dated 17....... Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mohar Ali Bhuiyan...............................Petitioner Vs. Michir Ali Bhuiyan and others.......................Respondents Judgment May 16, 2010. Lawyers Involved: Kh..Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....hatian No. 3 originally belonged to Ramgoti Nomo. Thereafter, upon an amiÂcable family settlement Girish Chandra Nomo got .32 acres of land in Dag No.235. Girish Chandra died leaving behind his only son Nogendra Nomo as his only heir who got the said property and S.A. record was prepared in his nam......s totally failed to prove any offer, acceptance and passing of any conÂsideration. The learned Advocate further submitted that admittedly there is no writÂten contract/agreement for sale and the so-called oral agreement could not be proved by the plaintiff by producing independent witnesses and th......the above, we find no subÂstance 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) 707....... Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 1515 of 2009. (From the judgment and order dated the 20th day of May, 2009 passed by the High Court Division in Civil Revision No.474..Category: Property Law | Date: | Hits: 42
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
....the People's Republic of Bangladesh is directed against the judgÂment and Order dated the 17th day of March, 2009 passed by the High Court Division in Civil Revision No.185 of 2006 making the Rule absolute setting aside the judgment and decree dated 03.08.2005 passed by the learned Special District...... preparation of paper books is disÂpensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651.......hat the High Court Division has fallen into error of law in making the Rule absolute in Civil Revision Case setÂting aside the judgment and decree of the Court of Appeal below restoring those of the trial Court on the wrong assumption that specific findings of the trial Court have not been reversed...... Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Altab Ali being dead his heirs Bhanu Bibi and others…………………..Petitioners Vs. Rupjan Bibi and others………......Responde..Category: Property Law | Date: | Hits: 30
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
.... Title Suit No. 188 of 1985 were instituted on 27-9-83 and 18.4.85 respectively. Both the suits were deÂcreed by the learned Munsif by separate judgments on 30.8.86, but the learned District Judge also in separate judgments dated 26.2.87 allowed the appeals and dismissed the suits. 2. Both the p......ce of the services essential to the life of the community, and who had in a bid to do so take necessary steps against those elements. It was a demand of necessity at the time and as such it cannot be called a mala fide step to terminate their serÂvices according to law. 18. From the above discu...... The definiÂtion of "worker" as given in section 2(V) of the said Act runs as follows:- "Worker means any person including an apÂprentice employed in any shop, commercial esÂtablishment or industrial establishment to do any skilled, unskilled, manual, technical, trade promotional or clerical w...... Judgment November 30, 1988. Cases Referred to- Asstt. Gen. Manager, Rupali Bank, Barisal & ors. Vs. Nurul Islam Miah, 39 DLR 167, the Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 29 DLR (S.C.) 39, the State vs. Abdul Awal, 35 DLR 151, the Senior Manager, Dosta Textil..Category: Employment/Service Law | Date: | Hits: 76
Angur Vs. State, 1988, 17 CLC (HCD)
.... Sessions Judge by his Judgment dated 29.6.85 found appellant Angur guilty of the offence punishable unÂder sections 395/397 of the Penal Code and convicted and sentenced him to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of TK. 500/- in default, to suffer rigorous impris......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......erred the case to the 4th Court of Assistant Sessions Judge, Mymensingh for disposal. 6. On 3.12.80 Mr. N. R. Khan, Assistant SuÂperintendent of Police, C.I.D. Bangladesh, submitted a petition to trial Court through A.P.P. stating as follows:- Ref: Sessions Case No. 163/80 395/397. Subj: T......West Bengal, AIR 1959 (S.C.) 13, Ali Vs. Emperor, AIR 1925 Lahore 15, Chanan Singh Vs. Emperor, AIR 1920 LaÂhore 376, Soliyan Vs. Emperor, 1930 M.W.N. 773, Aziz Vs. State PLD 1969 Lahore 1071, Dip Chand Vs. Emperor AIR 1935 Lahore 799, Emperor vs. Probhu AIR 1937 Lahore 551, Emperor vs. Mathwia, AI..Category: Criminal Law | Date: | Hits: 42
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....e boarders who were then putting up there. They raided the rooms one after another and chained up the doors from outÂside in order to prevent the boarders from coming out of the rooms. The dacoits also assaulted some of the boarders. On being informed by the Manager of the Hotel, Kazi Siddique Hoss......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62.......zad Sk. against his conviction and sentence passed by Mr. Hasan Ameen, Additional Sessions Judge Court No. 2, Bogra, in Sessions Case No. 118 of 1981. The appellant along with 11 others was placed on trial in the said case under Section 395/397 of the Penal Code and convicted there under and sentenc......Md. Shahjahan, Advocate-For the State. Criminal Appeal No. 307 of 1983 Judgment Bimalendu Bikash Roy Chowdhury J.- This appeal is at the instance of one Md. Azad Sk. against his conviction and sentence passed by Mr. Hasan Ameen, Additional Sessions Judge Court No. 2, Bogra, in Sessions Ca..Category: Criminal Law | Date: | Hits: 31
Abdul Khaleque Vs. Md. Nazim Uddin and another, 2010, 39 CLC (AD)
....m to dispossession. They prayed for an order of injunction restrainÂing the defendant petitioner from entering into 'Ka' schedule property and/or from making any construction in the suit lands and also prayed for demolition of the illegal constructions made in the 'Kha' schedÂule property. After f......ner is permitted to add addiÂtional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647.......rticulars to be given. The learned Counsel further contends that the object of the rule is to obtain particuÂlars to enable the opposite party to know what case he has to meet and to appraise at the trial so that he may not have to go to the trial embarassed by the obscurity or the incompleteness o......Court Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Abdul Khaleque…………...........Petitioner Vs. Md. Nazim Uddin and another….......Respondents Order January 18, 2010. Lawyers Involved: Moshfiquddin..Category: Property Law | Date: | Hits: 33
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....Madrasha" being EC. No.17260 which is the Waqf lillah, contending, inter-alia, that the defendant No. 5 in collusion with the defendant No.1 have been trying to grab the waqf property illegally and also filed an application for appointment for receiver in the aforesaid waqf estate property. Thereaft......point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639.......roperty as described in the plaint schedule and as such the same suit is not maintainable. Despite, the main suit is also barred by the provision of Sections 27-46 of the Waqf Ordinance, 1962 and the trial court after hearing was pleased to reject the application for appointment of receiver by order......nt: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Haji Noor Nabi Mollah being dead his legal heirs Haji Amir Jan Begum and others……....Petitioners Vs. Ahammad Ali and others ...........Respondents Judgment..Category: Property Law | Date: | Hits: 27
.... deposited within one month.
The preparation of paper books is disÂpensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631....... preparation of paper books is disÂpensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631....... the plaintiff Nos. 2-14 is illegal and without jurisdiction.
3. The defendant No.1 contested case by filing written statement denying all the material allegations contending, inter-alia, that the trial Court recorded eviÂdence and after hearing both the sides decreed the suit; that thereafter, ......the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631...
Category: Property Law | Date: | Hits: 27
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
....t Sessions Judge, Magura in Sessions Case No. 16 of 1999 convicting the four appellants and another co-accused under sections 385/387 of the Penal Code and sentencing them thereunder to rigorous imprisonment for 7 years and to pay a fine of Taka 1,000 each, in default, to suffer rigorous imprisonmen...... sentencing the accused appellants. Findings and decision: To appreciate the contentions of the learned Advocates of the contending parties and to arrive at a proper decision in the case we are called upon to scrutinise the material evidence on record. 13. Informant Md. Shariful Islam depos......ailing which he would have to face dire consequences. 3. The police after usual investigation submitted charge-sheet against the 6 accused persons under sections 385/387 of the Penal Code to stand trial before the Court. 4. Upon the aforesaid allegations the accused persons were placed on tria...... Ed. This Case is also Reported in: 54 DLR (2002) 464...Category: Criminal Law | Date: | Hits: 28
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