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Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)
....991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......f the Court of Magistrate, 2nd Class, Kushtia, passed in G.R. Case No. 269 of 1990 convicting the appellants under Section 379 of the penal code and sentencing them to suffer rigorous imprisonment for 1 year and to pay fine of Tk. 1,000/- (one thousand) each, in default, to suffer rigorous. ......991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......ttlement of the dispute. The investigating agency on completion of investigation submitted charge-sheet against the appellants under Sections 323, 379 and 411 of the Penal Code. At the time of trial the appellants were called upon to answer the charges under Sections 323, 379 and 411 of the ..Category: Criminal Law | Date: | Hits: 34
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......d and execute a sale deed on receiving balance of consideration money but he failed to do so. Ultimately the complainant came to know that the accused respondent is not the owner of the land. Therefore he asked the accused respondent to refund the entire money. Accordingly, on 25.3.1997 the accu......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......he appellant submits that the accused respondent sought relief under section 561A of the Code of Criminal Procedure in Miscellaneous case No. 3325 of 1997 which is a subject matter of evidence and trial and can only be determined by taking evidence. 6. Further there is no bar on proceedin..Category: Criminal Law | Date: | Hits: 45
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....as requested not to proceed with the filling works and the Manager gave an undertaking not to proceed with any further work and that the land being acquired land of RAJUK the plaintiff had no right, title and interest therein and thus, had no locus standi to file the suit. 5. The lea......nt District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 for declaration that the suit property is his personal property and that the suit property is not ......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......ed with any further work and that the land being acquired land of RAJUK the plaintiff had no right, title and interest therein and thus, had no locus standi to file the suit. 5. The learned trial Court after hearing the parties decreed the suit making, amongst others, the following findi..Category: Property Law | Date: | Hits: 40
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
....signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ...... Criminal Petition No. 499 of 2006) Md. B. Hossain, Advocate-on-Record-For the Petitioner (In both the cases) Not represented- Respondents (In both the Cases) Criminal Petition for Leave to Appeal Nos. 498-99 of 2006. (From the judgment and order dated 4th April, ......signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......arge-sheet against 4 accused since prima-facie case was made out against them under Sections 364/386 of the Penal Code. 5. The accused persons eventually were put on trial in the Court of Additional Sessions Judge, Tangail, who framed charge under Sectio..Category: Criminal Law | Date: | Hits: 36
Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)
....tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ...... Not represented- the Respondents. Criminal Review Petition No. 10 of 2008. (From the judgment and order dated 05.12.2007 passed by the Appellate Division in Criminal Petition for Leave to Appeal No. 428 of 2006.) Judgment &n......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ...... the learned Counsel for the petitioner and perused the impugned judgment and other connected papers on record. 6. The learned Counsel submits that the High Court Division observed that the trial Court (Additional District Magistrate) had no jurisdiction to frame charge under Section 307 ..Category: Criminal Law | Date: | Hits: 38
Misir Ali and another Vs. State, 2007, 36 CLC (AD)
....shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......ent Judgment November 15, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.129 of 2006 (From the judgment and order dated 19.11.2003 passed by ......shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......eipt of the record took cognizance of the allegations against the convict appellants under section 156(8) of the Customs Act read with Section 25B of the Special Powers Act, 1974 and after holding trial convicted and sentenced the convict appellants as aforesaid. 3. Defence of the convict..Category: Criminal Law | Date: | Hits: 36
State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)
....rom before being inhabitants of the same locality and this has also caused serious miscarriage of justice. 11. We have gone through the evidence ourselves and found that the trial court rightly believed the evidence of the PW 1, 2, 3, 4, 5, 6,7,11 and 17 against the respondents and r......Court of the learned Additional Sessions Judge, Kushtia wherein respondents were found guilty of the charge under Sections 302/34 of Bangladesh Penal Code and were sentenced to suffer imprisonment for life. The High Court Division by the impugned judgment found the respondents not guilty of the ......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......hereafter the informant on hearing the alarm went to the place of occurrence and on seeing them accused persons filed away. Thereafter F.I.R. was lodged. Respondent along with others were placed on trial. The learned Additional Sessions Judge found them guilty and convicted and sentenced them as..Category: Criminal Law | Date: | Hits: 84
Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)
....any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......ved: Mohammad Nawab Ali, Advocate-on-record-For the Petitioners. Munsur Habib, Advocate, instructed by Md. Ibrahim Khalil, Advocate-on-record-For the Respondent. Civil Petition for Leave to Appeal No. 109 of 2008. (From the judgment and order dated 2nd December, 2007 ......any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......t appeal was heard by the learned Additional District Judge, 2nd Court, Dhaka who by the impugned judgment and order dated 23.11.2004 dismissed the appeal and affirmed the judgment of the trial Court. 5. The defendants moved the High Court Division in revisional jurisdiction agai..Category: Property Law | Date: | Hits: 22
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......espondents Judgment November 5, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-an-Record- For the Petitioners. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1150 of 2005. (From the judgment and order dated 26.06.2005 passed ......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......red by limitation and his predecessor in interest took settlement of the entire suit land. Accordingly the S.A. Khatian was correctly prepared. So the suit is liable to be dismissed. 4. The trial court decreed the suit. On appeal the appellate court allowed the appeal and set aside the ju..Category: Property Law | Date: | Hits: 34
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
.... devolved upon Serajuddin Matbar by way of inheritance and he died leaving behind the plaintiff-respondent as his sole heir. The plaintiff-respondents possessed the suit land in assertion of their right in it. But as the suit land was wrongly recorded in the name of the defendant- petitioners an...... 2. The respondent Nos.1-4 and their predecessor-in-interest as plaintiff filed Title Suit No. 341 of 1982 in the Court of Munsif, Shariatpur for declaration of title and confirmation of possession in the suit land. The case of the plaintiff......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......ers by proving the sale deeds and other documents including the rent receipts showing possession of the defendants in the suit land vide Exhts. D, E, F, H, I, J, K and L. Despite such proof the trial Court as well as the High Court Division decreed the suit by finding title and possession of ..Category: Property Law | Date: | Hits: 25
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
.... further found by the Additional District Judge that the plaintiff at one stage stated that he came to know about the disputed deed some 2 days before filing the suit and the Assistant Judge, rightly resolved that within such a short period no such suit could be brought. There is no comment......l District Judge, 5th Court, Dhaka, in Title Appeal No. 333 of 1999 reversing those dated 31.05.1999 of the Assistant Judge, Savar Thana, Dhaka in Title Suit No. 181 of 1996 and remanding the suit for re-trial. 2. The appellant filed the suit for declaring that the 'Kha' schedule deed ap......are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......ict Judge, 5th Court, Dhaka, in Title Appeal No. 333 of 1999 reversing those dated 31.05.1999 of the Assistant Judge, Savar Thana, Dhaka in Title Suit No. 181 of 1996 and remanding the suit for re-trial. 2. The appellant filed the suit for declaring that the 'Kha' schedule deed appearing..Category: Property Law | Date: | Hits: 24
Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)
....iding on his purchased property for over 40 years. The further case is that due to good relationship no formal kabala was executed by Joyed Ali and others in favour of Hasan Ali and record of right was correctly prepared. So the suit is liable to fail. 4. The trial court decreed......; Civil Petition for Leave to Appeal No. 812 of 2005. (From the judgment and order dated 05.03.2005 passed b......accordingly defendant No.1 by erecting a hut has been residing in Plot No.2 of the suit land as a licensee. The further case of the plaintiff is that the defendant No.1 used to look after all the affairs of Firoj Ali and taking advantage there of the defendant No.1 got his name recorded in the Kh......to good relationship no formal kabala was executed by Joyed Ali and others in favour of Hasan Ali and record of right was correctly prepared. So the suit is liable to fail. 4. The trial court decreed the suit. On appeal in Title Appeal No.125 of 1986, the court of appeal dismiss..Category: Property Law | Date: | Hits: 23
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....n brief, are that Mohen Bashi Roy, the predecessor of the petitioners, filed Title Suit No.36 of 1985 in the Court of the then Munsif (now Assistant Judge), Derai, Sunamganj for declaration of his right, title and interest in the suit land and for further declaration that the ex parte decree dat......sp; Not represented- the Respondent. Civil Petition for Leave to Appeal No. 545 of 2006. (From the judgment and order dated 24.1. 2006 passed b......r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......al kabala deed dated 23.6.1985 was ever submitted before the learned Additional District Judge nor any prayer was made by the plaintiff to enable him to prove the fact of said transfer; further the trial Court decreed the suit assuming that the plaintiff having proved his possession in the suit ..Category: Property Law | Date: | Hits: 22
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......J. - This appeal by leave is directed against the judgment and order dated 19.6.1997 passed by the High Court Division in First Appeal No.79 of 1990 allowing the application filed by the plaintiff for amendment of the plaint and then sending back the suit on remand to the trial court for fresh h......irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......9.6.1997 passed by the High Court Division in First Appeal No.79 of 1990 allowing the application filed by the plaintiff for amendment of the plaint and then sending back the suit on remand to the trial court for fresh hearing. 2. The respondents, as plaintiffs, filed Title Suit No. 89 of..Category: Civil Law | Date: | Hits: 107
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......Abdul Plaque, Advocate instructed by Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented- the Respondents. Civil Petition for Leave to Appeal No. 182 of 2006. (From the judgment and order dated 13.12.2005 passed b......ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......sion thereof. However, there was a local salish over the matter and accordingly the plaintiff executed and registered the sale deed in question in favour of the defendant No. 1. 4. The trial Court on consideration of the materials on record decreed the suit in favour of the plaintiff..Category: Property Law | Date: | Hits: 20
Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
....sion and other papers on record. 10. It appears that the High Court Division believed the contract and found that the plaintiff was entitled to get the kabala in question and the trial court rightly decreed the suit since the contract has been believed the suit should have been decreed by ......No. 2-3 (In Civil Petition No. 732 of 2007) Civil Petition for Leave to Appeal Nos. 729-732 of 2007. (From the judgment dated 24.04.2006 passed by the...... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ......h Court Division and other papers on record. 10. It appears that the High Court Division believed the contract and found that the plaintiff was entitled to get the kabala in question and the trial court rightly decreed the suit since the contract has been believed the suit should have been..Category: Property Law | Date: | Hits: 23
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
....d and the same is accordingly liable to be set aside for the ends of Justice. The learned Advocate further submits that the learned Single Judge failed to consider that after 1950 the Zaminder had no right to transfer the land due to the commencement of the State Acquisition and Tenancy Act. 7. ......, instructÂed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Firoz Shah, Advocate-on-Record-For Respondent Nos.1, 3-8. Not represented-For Respondent Nos. 2, 9-12. Civil Petition for Leave to Appeal No.1094 of 2006. (From the judgment and order dated 24.04.2006 passed by the ...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ......e in Other Class Suit No.12 of 1984 without impleading him as party. The aforesaid decree is not binding upon him and the instant suit is liable to be dismissed in favour of defendant No.1. 4. The trial Court after considering both oral and documentary evidence on record dismissed the suit by a j..Category: Property Law | Date: | Hits: 26
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....ting aside the judgment and decree of the appellate court below without adverting to any material evidence on the point. He lastly submits that it is a setÂtled principle of law that a co-sharer has right, title and interest in every inch of land. When the plaintiff failed to prove his exclusive po......nstructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioners. A.K.M. Nazrul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1423 of 2007. (From the judgment and order dated 16.5.2007 passed by the ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ......gistered partition deed dated 1.9.1993 is also false, fraudulent and fabricated and the plaintiff is not in exclusive possession of the suit land. Hence the suit is liable to be dismissed. 4. The trial court on consideration of the evidence and materials on record decreed the suit by judgment an..Category: Property Law | Date: | Hits: 26
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....nces without reference to any evidence that the pre-emptor participated in the talk of sale or consented to the transfer. 10. It appears that both the trial court and the High Court Division rightly held that the pre-emptor being a co-sharer having filed the case within the statutory perio......h the cases). Mohammad Ali, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 (In both the cases). Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal Nos. 1055 and 1056 of 2006. (From the judgment and order dated 2......e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......the same judgment and the pre-emptee preferred Miscellaneous Appeal Nos.31 and 32 of 1993 and both the Miscellaneous appeals were allowed by the learned Special Judge and judgment and order of the trial court was set aside. 7. As against the judgment and order of the appellate court the p..Category: Property Law | Date: | Hits: 25
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
....not sustainable; that in the S.C.C Suit No.3 of 1994 the petitioner was not made a party and no body was entrusted to file written statement on her behalf and the petitioner never admitted the right and possession of the predecessor of respondent Nos.1-4 and as such, the High Court Divi...... Judgment September 16, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 792 of 2006. (From the judgment and order dated the 25 day of May, ......n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ......ge, 3rd Court, Chittagong by his order dated 11.07.2005 allowed the application for stay; that the Miscellaneous Case filed by the respondent under Order 21 Rule 97, 98 and 99 was dismissed by the trial Court. Though no Miscellaneous Case No. 33 of 2005 is pending but in the supplementary affida..Category: Civil Law | Date: | Hits: 94
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