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Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......r dated 20.05.1996 upon the said will on contest by the parties in that case. 3. Against the said judgment and order of the District Delegate Judge First Appeal No. 246 of 1996 was filed, before the High Court Division by the present appellant who was contesting in the said Probate C......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......abricated one created by the respondent No.1. Swarashati Roy, respondent No.1 and her son Bolai Roy, the respondent No. 2 after death of the said testator of the will. Upon hearing the parties the trial Court refused granting of probate by its judgment and order dated 04.11.1999. But in the comp..Category: Property Law | Date: | Hits: 74
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....peal. 7. Mr. AJ Mohammad Ali, the learned Additional Attorney General, appearing for the Government firstly contended that the Court of appeal below being the final court of fact having rightly reversed the findings of the trial court, the High Court Division sitting in the revisional......the High Court Division making the Rule absolute. 2. The plaintiff respondent No.1, Abdul Hakim filed Title Suit No. 60 of 1993 in the court Assistant Judge, First Court, Dhaka praying for permanent injunction against the defendant Government of Bangladesh and other Government O......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ...... plot allotted for him. The further claim of the appellants that the plaintiff's suit is barred under Section 14, sub-section (1) of the (Emergency) Requisition of Property Act, 1948. 4. The trial Court decreed the suit finding that the suit land described in the schedule 'Ga' of the plain..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......Division on 20th and 21st April, 2002 in Election Petition No. 3 of 2001 dismissing the same on the ground of maintainability. 2. The appellant, Giasuddin Quader Chowdhoury, Presented the aforesaid Election Petition No. 3 of 2001 before the High Court Division against the respondent No. ......igh Court Division may, at any time, upon such terms and on payment of such fee as it may direct, allow petitions to be amended in such manner a may, in its opinion, be necessary for ensuring a fair and effective trial ad for determining the real questions at issue, so however that no new gr...... pleadings. Article 57. (1) Subject to the provisions of this Order and the rules, every election petition shall be tried, as nearly as may be, in accordance with the procedure for the trial co suits under the Code of Civil Procedure, 1908: Provided that the [High Court..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....hy;trar Office wherein he executed and registered the deed on 2.2.86 and also as an exchange deed, as he had done earlier on 9.3.82 with that of schedule 1(kha) property. The defendants denied the right, title interest and possession of the plaintiff in schedule 1(ka) and 3(ka) properties. ...... 2. The relevant facts, in brief, are that Debendra Chandra Sharma father of the present respondents instituted the Title Suit No. 448 of 1987 in the Court of Assistant judge, Sadar Comilla for declaration that the kabala described in the schedule 1, 2 and 3 of the plai...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... done earlier on 9.3.82 with that of schedule 1(kha) property. The defendants denied the right, title interest and possession of the plaintiff in schedule 1(ka) and 3(ka) properties. 4. The trial Court decreed the suit and against which petitioners took an appeal and the appellate court r..Category: Property Law | Date: | Hits: 27
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......al by leave is directed against the judgment and order dated 26.02.1997 passed by the High Court Division in Criminal Appeal No. 706 of 1996 dismissing the appeal. 2. Short facts are that informant was married to one M. A. Malik on 11.10.1991. On 28.02.1993, the informant filed an ap......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......(Deterrent Punishment) Ordinance, 1983 against appellant and others. The case was transferred to the learned Additional Sessions Judge and Judge of Nari-o-Shishu Nirjatan Bishesh Adalat, Sylhet for trial. On 26.05.1996 charge was framed under Section 6/9 of the Ordinance against the accused perso..Category: Criminal Law | Date: | Hits: 64
Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
.... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... Not represented- the Respondents. Criminal Review Petition No.15 of 2002. (From the Judgment and Order dated 16th March, 1999 passed by the Appellate Division in Criminal Petition for leave to Appeal Number 101 of 2000). Judgment ...... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... Section 467/471/409/109 of the Penal Code read with Section 5(2) of Act II of 1947. 5. The case was tried by the Divisional Special Judge, Khulna Division, who after conclusion of the trial and upon consideration of evidence both oral and documentary on record found the petitioners ..Category: Criminal Law | Date: | Hits: 44
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....mptee appellant and the respondent No.4 was an out and out sale and not an exchange as claimed by the pre-emptee appellant and that the document was described as an exchange deed to defeat the right of pre-emption. 6. On appeal by the opposite party Nos. 1 and 2 (appellant and respond......d the deed of transfer as one of exchange instead of sale deed, though in fact same was nothing but a colorable transaction upon showing exchange of 'ka' schedule land in favour of pre-emptee for 'kha' schedule land in favour of the respondent No. 4. It was the positive case of the pre-empt......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......e court of Assistant Judge upon making the rule absolute. 8. Leave was granted to consider the submissions whether High Court division acted illegally in upholding the view taken by the trial court in respect of the disputed document without at all considering the reasoning given..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....ly indicates that award was made by the Collector in terms of Section 11 of the Act. Further the plaintiff without challenging the validity or otherwise of the acquisition proceeding challenged the right of the Government to lease out the suit land on the ground that he was in possession by pur&......991 (Civil Revision No. 139 of 1989, Comilla) making the Rule absolute. 2. The review petitioner as plaintiff filed Title Suit No. 176 of 1984 in the Court of Upazila Munsif, Begumganj for declaration of his title to .19 acres of suit land with prayer for injunction restraining the G......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......tten statements stating inter alia that the appellant did not acquire any title to the suit land by purchase as the suit land was acquired and there by the title vested in the government. The trial court decreed the suit. 3. The respondent Lokman Mia filed Title Appeal No.101 of 198..Category: Property Law | Date: | Hits: 20
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
.... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......Huq, Advocate-on-Record-For the Respondents. Civil Review Petition No. 63 of 2003. (From the Judgment and order dated April 5, 2003 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 632 of 2002). Judgment &nb...... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......and sons (defendant Nos. 5-7) and that defendant Nos.1-4 have purchased the suit land from the defendant Nos. 5-7 by different kabalas and are in possession of the land in suit. 4. The trial Court decreed the suit. The defendants filed appeal, Title appeal No. 125 of 1970 and the sam..Category: Property Law | Date: | Hits: 29
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
....ld that the appellate court believed the possession of the plaintiff, who was allegedly dispossessed by the defendant No.1 Further appellate court has held that Gobinda Bairagi abandoned his rayoti right and then the landlord Ambika legally made the suit land khas, and his son Monindra settled t......rhat in Title Suit No. 396 of 1975 dismissing the Suit. 2. Rakhal Chandra Pal as plaintiff filed Title Suit No. 396 of 1975 in the 1st Court of Munsif, Bagerhat against the respondent No. 1 for declaration of title to the suit land along with huts thereon and for khas possession there......as of West Bengal in the S.A. Khatian cannot take away his right from the suit property, as abandonment by him could not be established. Record of rights in the case reflects the correct state of affairs and reliance has been placed by the High Court Division in decision reported 9 DLR 467. ......he plaintiff is absolutely false and the plaintiff never possessed the suit land. The defendant No.1 further contended that the allegation of dispossession by him is also false. 5. The trial Court dismissed the suit disbelieving the case of the plaintiff that he had taken oral s..Category: Property Law | Date: | Hits: 26
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......r dated 20.05.1996 upon the said will on contest by the parties in that case. 3. Against the said judgment and order of the District Delegate Judge First Appeal No. 246 of 1996 was filed, before the High Court Division by the present appellant who was contesting in the said probate c......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......fabricated one created by the respondent No.1. Swarashati Roy. Respondent No.1 and her son Bolai Roy, the respondent No. 2 after death of the said testator of the will. Upon haring the parties the trial court refused granting of probate by its judgment and order dated 04.11.1999. But in the comp..Category: Civil Law | Date: | Hits: 114
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and othÂers, 2004, 33 CLC (AD)
.... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......3 and 4 (herein respondent Nos.1 and 2). 2. Facts, in short, are that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for realization of Tk. 39,32,725,92/- (as on 24.6.1996) impleading as many as 7 defendants includin...... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ...... struck out from the plaint, that defendant Nos. 3 and 4 having admitted, undertaken and declared their liability to the Bank the High Court Division was wrong in upholding the finding of the trial Court to the effect that plaintiff will get no decree against them as they were not borrowers..Category: Civil Law | Date: | Hits: 121
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......passed by a Single Bench of the High Court Division in Civil Revision No. 645 of 1987 making the Rule absolute. 2. Short facts are that the plaintiff filed Title Suit No. 21 of 1984 praying for a decree for specific performance of contract stating, inter alia, that one Suresh Chandra Sen ......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ...... consideration without any knowledge of the alleged bainapatra in favour of the plaintiff. All the parties led evidence, both oral and documentary in support of their respective cases and the trial court on consideration of the materials on record dismissed the plaintiff's suit. On app..Category: Property Law | Date: | Hits: 31
Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)
..... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ...... Not represented- the Respondent. Criminal Review petition No.14 of 2002. (From the judgment and Order dated April 16, 2002 passed by the Appellate Division in Criminal Petition for Leave to Appeal No.183 of 2001). Judgment &nbs....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ......port was filed against the petitioners under the provision of Customs Act as well as under the provision of Special Powers Act. In due course papers were sent to Special Tribunal. On Conclusion of trial the petitioners were convicted and sentenced as stated hereinbefore. Their appeal before..Category: Criminal Law | Date: | Hits: 61
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......nbsp; Syed JR Mudassir Husain J. - These 2 (two) appeals by way of leave granted on 19 August, 2001 in Criminal Petition for leave to appeal Nos. 108 of 2001 and 111 of 2001 in Criminal Petition for leave to appeal Nos. ......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......esaid cases. 7. The appellant having found his name in the newspapers, surrendered before the High Court Division and was granted anticipatory bail and thereafter he appeared before the trial Court where his bail was confirmed, thereafter he filed an application under Section 265C of ..Category: Criminal Law | Date: | Hits: 47
Sheikh Ahmed Showdagar and othÂers Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......e further case of the plaintiffs was that there were fellow lands and jungle land adjacent to the pattani land and the pattan holders and their heirs made said excess land, "Gunjaish" fit for cultivation and thereby the pattan holders had been possessing land more than their pattani la......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......ssor became owner of the land of R.S. Khatian Nos. 928 and 2574/1 that they as heirs of Kabir Ahmed Merited the land of the aforesaid Khatians. 5. On the basis of materials on record the trial court decreed the suit on the finding that the plaintiffs have been able to prove their case..Category: Property Law | Date: | Hits: 24
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....onsideration of the facts that the pre emptor respondents were duly substituted as parties defendants in the suit for specific performance of contract as such they became the transferor and has no right of pre emption. 9. He further argues that the plea of lack of knowledge of preemptor r......he kabala in favour of the pre-emptee appellant, subsequently, when the attorney failed to execute and register a Kabala in favour of the pre-emptee appellant she brought O.S. No. 9 1975 for specific performance of contract and obtained an ex parte decree which was executed and a ......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ...... as they themselves transferred the disputed land by disputed kabala. She is in possession, has spent huge money for repair of the structures and for earthwork of the case land. 6. Both the trial court and the lower appellate court concurrently dismissed the miscellaneous case, ..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ...... 2002 passed by the High Court Division in Death Reference No.17 of 1999 with Jail Appeal No. 2023 of 1999 accepting the reference and dismissing the jail appeal. 2. The briefly stated facts for disposal of the Jail-petition are that the condemned-prisoner have been convicted under Sectio......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ...... report of deceased and after completion of investigation police found prima-face case and submitted charge-sheet against the convict-petitioner and thereafter the convict-petitioner was placed on trial and charge was framed under Sections 302/326/307 and 309 of the penal code to which he pleade..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......er having dinner, they brought back the victim to the house of the petitioner. On 23.4.1998, at about 5-00 a.m. Fuljhuri, the wife of the brother of the petitioner, went to the house of informant and informed that the victim Balika could not be traced. The informant then rushed to the h......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......o scope of raising any suspicion about the contents of confessional statement. 16. Further, from the trend of cross examination of the prosecution witnesses the defiance case during the trial appeared to be that the victim committed suicide and no plea was taken to the effect tha..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....vidence Act has no application in the present case and the burden was on the plaintiff, late Fatema Khatun, to prove the allegation of fraud in effecting compromise and the High Court Division rightly applied the provision of section 101 of the Evidence Act the plaintiff late Fatema Khatun w......the Suit. 2. Mrs. Fatema Khatun (now dead), the mother of the appellant instituted the above Other Suit No. 247 of 1978, where in the respondent No.1 and the appellant were impleaded as pro forma defendant Nos.1 and 2 respectively. Praying for a declaration that the agreement of compromis......to show that the contents of the gift as well as the solenama had been explained to late Fatema Khatun and that the understood the same and that some disinterested and competent person with a fair understanding of the whole matter advised her the High Court Division failed to take noti...... petition were read over and explained to Fatema Khatun and she after knowing the contents put her thumb impression on these and no fraud was practiced upon Fatema Khatun as alleged. 4. The trial Court dismissed the suit, the lower appellate Court allowed the appeal and decreed the suit a..Category: Procedural Law | Date: | Hits: 87
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