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State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......tory narrated by Kalim Uddin Sarker (P.W.1) on 1st April, 1987 at about 11-00 AM Muslim Uddin, cousin of informant Kalim Uddin Sarker was cutting the ail (demarcating wall) of the eastern side of the land at mouza Pogaldia, Azahar Ali and Keramat Ali, brothers of Azmat Ali, owner of the contiguous l......rt Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...Category: Criminal Law | Date: | Hits: 90
....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ....... Director General of Food) giving rise to CPSIA No. 64 of 1990; Myers Vs. Bethlehem Corporation (1938) 303 US 41; R Vs. Chief Constable of the Merseyside Police, Calveley and others, (1986) 1 All England Law Reports 257; Bangladesh and others Vs. AKM Zahangir 34 DLR (AD) 173; 34 DLR (AD) 173; UP Vs......question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......¦¹ দেখাইয়াছেন। কখনও কোন পà§à¦°à¦•à¦¾à¦° অà¦à¦¿à¦¯à§‹à¦— করেন নাই।â€
Malice in fact is to be established by evidence if it is alleged. The question of malice in fact is to be established by evidence. The petitioner is entitled to raise the..
Category: Employment/Service Law | Date: | Hits: 79
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....bdul Gafur submits first, that the delay in lodging the complaint after 15 days of the occurrence creates sufficient doubt about the prosecution case. Secondly, the complain failed to prove exclusive possession of the disputed plot. Thirdly, conviction was made on the basis of the evidence of DW 3 a......gal. This contention also has no substance. The consideration in a case falling under section 379 is whether there was any bona fide claim With regard to the subject matter of the theft. The disputed land on which the hut is situated is no consideration in the present case as it is not the subject m......val of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
...., 2206, 2207, 2211, 2215 and 2216 and some other lands were auction purchased by the Government in revenue sale and Lilabati Das took fresh settlement front the Government on 30.10.59 and had been in possession thereof. The plaintiffs acquired the land by settlement and purchase from Lilabati Das an......o. 449 of 1961 against Lilabati Das the predecessor of the plaintiffs is void and not binding on them stating, inter alia, that the suit plot Nos. 2205, 2206, 2207, 2211, 2215 and 2216 and some other lands were auction purchased by the Government in revenue sale and Lilabati Das took fresh settlemen......91) 123. ......arty No. 1. Civil Revision No. 228 of 1988. Judgment Nurul Huque Bhuiyan J. - This Rule under section 115 of' the Code of Civil Procedure at the instance of plaintiff ‑petitioners calls in question the order dated 24.11.88 passed by the learned District Judge, Barisal in Miscellaneous App..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....se from Indra Kumar at a monthly rental of Tk. 3/- only. On the death of Indra Kumar, Sitanath became the Headmaster of the said school and Indra Kumar's family left away the suit premises delivering possession thereof to Sitanath. In 1959 all the huts standing on the suit land were burnt out. Then ......l Amin, Munsif, 3rd Court Comilla decreeing the Title Suit No. 359 of 1974 in part, a suit for Specific Performance of Contract, to the extent 0 0.05‑1/4 acre out of 0.06‑1/2 acre of the disputed land. 2. Plaintiffs case in short is that the disputed land originally belonged to one Sarada Pau......d others..........Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fabrics Ltd. Vs. Mallick Textile Industries and others, 37 DLR (AD) 126. Lawyers Involved: Ruhul Amin, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate ‑ For the Opposite Party No....... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....Tk. 7,500/‑ as security and wanted to deposit rest Tk. 1500/‑ within one month and taking opportunity of the plaintiff's father's absence, the defendant took key from the minor plaintiff and took possession giving Tk. 450/‑ as six months' advance rent. The defendants are irregular in payment o......ff filed title suit No. 242 of 1977 in the First Court of Munsif, Kushfia with a prayer for ejectment of the defendant petitioners alleging, inter alia, that the plaintiff's father purchased the suit land in the name of the plaintiff. Thereafter they created building thereon and let out the suit pre......s Referred to- Chockia Thevar Vs. Shanmugasundaram Chetliar and another, AIR 1965 (Madras) 610; Chief Kwame Asante, Tredehene Vs. Chief Kwame Tawia, 9 DLR (PC) 686; AIR 1956 (Madras) 611; Mafizuddin Mia Vs. Muzlim Khandaker and others, 6 DLR 588; Neyaz Ahmed Khan Vs. Anwari Khatoon, 22 DLR 444, ......with regard to the jurisdiction of the ordinary Civil Court and maintainability of the suit was not taken and such objection was not raised at the trial stage or even thereafter during appeal. So the question arises whether the learned Advocate is permitted to agitate the question of jurisdiction an..Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......ther proceedings of SCC Suit Nos. 56 and 57 of 1988 now pending in the 1st Court of Assistant Judge and SCC Judge, Dhaka. 3. The petitioner's case in short is that he is a monthly tenant under the landlord ‑opposite party in respect of the suit promises and the opposite party filed the aforesai......e prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......is the House Rent Controller, ought no to have made any specific observation to the effect that the petitioner is a defaulter in a case filed under section 19 of the House Rent Control Ordinance. The question whether the petitioner is defaulter or not is to be decided in the suit for ejectment and t..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......08 the order of stay shall remain in force till next installment and onward on payÂment of subsequent installments within time". 4. Mr. Mahbubey Alam, learned counsel appearing for the appellant, questioned the propriety of the direction made by the High Court Division. According to the learned ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......ppel either by waiver or acquiescence in a recent decision in the case of Akhlasur Rahman Vs. Safarullah, 42 DLR(AD) 189, our Appellate Division quoted with approval that: "In Halsburys Laws of England, Third Edition, volume, 14, page 637 it is stated that "Waiver is the abandonment of a right, a......d to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......en part or the mere factor knowledge about the transfer or temporary unwillingness on his part to buy cannot debar him from claiming his right at the proper time. Essentially, therefore, it will be a question of proper inference from the facts proved in each particular case as to whether the plea of..Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....vocate ‑ For the Opposite Parties. Civil Revision No. 2550 of 1991. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule arises out of a suit for declaration of title and recovery of khas possession in certain land. It is being contested by some of the defendants including the petitioner...... Vs. Dhanindra Kumar Shil and others…………………....Opposite Parties Judgment December 10, 1992. Cases Referred To- Davies Vs. Otty (1865) 55 ER 875; W Strewart Vs. New Zealand Insurance Co. Ltd., (1912) 16 CWN 991=17 IC 188; Kolhapur Vs. Sundarak, AIR 1925 Madras, 497; R......110. ......osition expunged as being inadmissible. The trial judge, by the impugned order dated 5.8.91, rejected the same. It is against this order that the petitioner obtained the present rule. 2. The sole question that is involved in this rule, therefore, is whether the evidence of the said witness shoul..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....The case was filed by the petitioner Bakht Bibi for the release of a three‑storied building at 93, Chatteswary Road, Chittagong, from the list of the abandoned property declared abandoned and taken possession by the Government under the President's Order No.16 of 1972. By the impugned judgment and......in time out of this wed‑lock she gave birth to five children‑two sons and three daughters. The said house property is known as ‘Kabliwala Building’ which was constructed by her husband on the land purchased partly in the name of her husband and partly in her name by two registered sale deeds......, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ent contested the case alleging that the petitioner was an imposter and not the widow of late Abdul Khaleqe. Both Abdul Khaleqe and the petitioner were nationals of Pakistan. As the house property in question was left uncared for and the whereabouts of Abdul Khaleqe was unknown to the Government, th..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......0 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......the discharge of such trust. The amount was simply lent by the complainant to the petitioner induced by the representation of the petitioner to repay the same. So in the absence of any entrustment no question of breach of any trust can arise. Aforesaid decisions of this Court reported in 31 DLR 63 a..Category: Criminal Law | Date: | Hits: 132
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......med Vs. M/s HD Hossain and Brothers, 32 DLR (AD) 223; KM Guruswami Vs. State of Mysore, PLD 1956 (SC India) 53; UK Salsabil Vs. Shams Corporation, 37 DLR (AD) 117; AIR 1992 Kerala 265; 1976(3) All England Reports at page 665; AIR 1979 (SC) 1628, Harminder Singh Arora Vs. Union of India, 1986(3) SCC ......
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......n. The Appellate Division in their judgment quoted with approval the decision in the case of KM Guruswami Vs. State of Mysore, reported in PLD 1956 (SC India) 53 where the Indian Court considered the question whether the appellant's claim for a writ of mandamus was tenable. In that Indian case the a..
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....they were sub‑tenants in respect of the holding which was subject matter of the suit for ejectment of the tenants under tenant Syed Ahmed. He continued to argue that as the petitioners have been in possession of the disputed holding as sub‑tenants under Syed Ahmed and running their respective bu......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......s 1987 BLD (AD) 205. Lawyers Involved: Faridul Alam Chowdhury, Advocate ‑ For the Petitioners. M Fazlul Karim with Omar Farook, Advocates‑ For the Opposite Parties. Appeal from Original Decree No. 107 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule the opposite partie...... Ltd. Vs. Pheroze Fraturoze Taraporewala and others, 1953 (SC) 73 argues that a sub‑tenant is a necessary party in a suit for ejectment. There is no dispute about the proposition of the law but the question remains did the petitioners before me could prove their sub‑tenancy by any evidence befor..Category: Property Law | Date: | Hits: 67
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....nce 1948. The Government leased out the suit property to the plaintiff on 5.6.1961 for 99 years commencing from 1.1.1961 with the building standing thereon at a consideration of Tk. 2,700/‑ and the possession of the same was delivered to him on 20.7.1961. The plaintiff was compelled to leave the s...... were not denied by the government. The defendant government also does not dispute the tide of the plaintiff. So we find that the plaintiff has been able to prove his title and possession of the suit land till 16.12.71. The Government defendant in its written statement asserted that during the liber......ive costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......er a necessary party to the suit nor any prayer for her eviction is necessary, as the Government may evict her as monthly lessee if the property is declared as not abandoned property. 12. The moot question is whether the suit property is an abandoned property. 13. The abandoned property has be..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... No. 311 of 1969 against the defendants. His case was that the land described in schedule I to the plaint belonged to Ejahar Mia the predecessor‑in‑interest of the defendants. Ejahar Mia while in possession as owner of the said land by 3 registered kabalas, Exts. 1, 1(e) and 1 (b) sold 6 acres o......ng those of the learned Munsif, First Court, Cox's Bazar in Partition Suit No. 311 of 1969. 2. The plaintiff instituted Partition Suit No. 311 of 1969 against the defendants. His case was that the land described in schedule I to the plaint belonged to Ejahar Mia the predecessor‑in‑interest of...... Md. Hazee Kalu ....................................Respondent. Judgment January 1, 1989. Cases Referred to- Pathana Vs. Mst. Wasai, 17 DLR (SC) 47; Mussummat Durga Chowdhrian Vs. Jawahir Singh Chowdhury, 17 Indian Appeals 122. Lawyers Involved: SK Zulfiqur Bulbul Chowdhury with Far...... not prove that Ejahar Mia took loan from the plaintiff and executed handnotes. On the other hand, the finding of the Courts below is that Ejahar Mia, was a literate person and executed the kabala in question and accepted the consideration money from [fie plaintiff and transfers in favour of the pla..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....equered career and has traveled a long zig‑zag course through arbitration and through law court. Ultimately the parties to the disputes felt “.........such Inter‑ Ministerial wrangling over the possession of Annexe Building should not be allowed to continue for long and should be decided once ......ition. The parties to the suit agreed to refer the matter in dispute to arbitration. And an Arbitrator was appointed. Under the award made by him the defendant was to deliver vacant possession of the land in dispute to the plaintiffs and the plaintiffs were to pay the cost of litigation. The defenda...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......eference to Arbitration of the dispute referred to in Schedule III of the agreement in terms and conditions mentioned therein. According to tem No.1 the appellant and the respondent were to refer the question of ownership and possession of the properties described in Schedule III to the arbitration ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....end of cross‑examination of the P.W.s and from their statements under section 342 of the Code of Criminal Procedure and the documents filed by them is that they are innocent and they were in actual possession of the case lands at the time of occurrence and it was the complainant party whose member......Police Station is that when on 25.7.81 he (informant) along with his brother Lokman Hakim, Tajur Mulluk and nephews Abul Hashem, Abdul Gafur, Seraj Mia, Kashim Ali and Kala Mia were cultivating their lands in Dag Nos.735, 736 and 776 measuring 2.83 acres of mouza South Hila within Police Station Tek......t the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... positive finding by the court below as to which party was in actual possession of die disputed land at the time of occurrence, the learned Assistant Sessions Judge acted illegally in determining the question of the right of private defence and hence there has been a failure of justice and the impug..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ee holder bank put the decree in execution by filing Artha Execution Case No.131 of 2009 and initiated selling of schedule-A property out of 4 (four) schedules. The petitioner company is the owner-in-possession of the said property, which it mortgaged in favor of the decree-holder bank as a third pa......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......ultana, Advocates-For the Respondent. Writ Petition No. 3002 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adalat No.3, Dhaka in Artha Execution Case No.131 ..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......d authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......pugned order of cancellation Annexure-C to the petition praying for work order as a lowest responsive bidder or to give adequate compensation for causing an inordinate delay in deciding the matter in question. Subsequently the petitioner filed a supplementary affidavit claiming that the board in sub..Category: Others | Date: | Hits: 133
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