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Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ......dated 19th April, 1979 and further declaration that the decree passed in Other Class Suit No.199 of 1976 is void, illegal, inoperative and not binding upon the plaintiffs. Their case is that the suit land belonged to Bisheshwar Dutta and his three brothers. Respondent Nos. 9-10 Ashok Kumar and Renuk......petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ......orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ..Category: Property Law | Date: | Hits: 89
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
....g upon him, on the averments that Hedayetullah, while owning and possession the suit land, which is a mango garden, gifted the same to him by Deed of Heba-bil-Ewaz No. 21065 dated 21.4.1975 and the possession of the suit land was also delivered to him and he, after mutating his name in the revenue......als, filed the above Title Suit No. 92 of 1995 seeking declarations that the Deed of Heba-bil-Ewaz No. 15294 dated 11.10.1986 allegedly executed by his father Hedayetullah Biswas gifting the suit land to the defendant Beraful Nessa, his second wife and the predecessor of the appellants in both......allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ...... the Deed No.21065 dated 15.4.75 was forged, fraudulent and collusive. It also appears that the High Court Division did not address the finding of the lower appellate Court's that the transactions in question was a heba-bil-ewaz as opposed to a simple heba or gift and in a heba-bil-ewaz there must b..Category: Property Law | Date: | Hits: 109
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ...... 2008 or the Ain of 2009 has not saved the offence alleged to have been committed from 01.01.2003 to 31.05.2007 under the Ain of 2002 till the date of its repeal. According to Halsbury’s Laws of England Vol. 36, para-714 the general principle that an enactment which is repealed is to be treated as......011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......ieved by the impugned judgment and order passed by the High Court Division, the petitioner preferred the instant Civil Petition for Leave to Appeal before this Court. 7. This Petition involves the question as to whether an offence alleged to have been committed prior to the enactment of the Ain o..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ...... prosecution case is that Shefali alias Shafu, aged about 26 years, was the daughter of the informant. Shefali was given in to marriage to accused Saiful Islam about 10/11 years back and as he had no land to live in, he was to live at village Dalulpur in the house of Kamuluddin Howlader, Chairman, T......ce of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......sconded soon after the occurrence and failed to explain the cause of death of his wife, deceased Shefali. 2. The evidence of PW7 revealed that he was quite capable of giving rational answer to the questions asked. 3. Solitary evidence of an eye‑witness could form the basis of conviction. ..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....ial Court and the appellate Court passed 6 judgments while in 5 judgments the Court below decided the question in favour of the plaintiff and held that the respective deed of gift was not genuine and possession of the lands transferred by the deeds was not handed over. Only in Title Appeal No. 62 of......x parte. On 21st day of March, 2002 when the defendant-opposite parties disclosed that they got the judgment in their favour and attempted to forcibly dispossess the plaintiff-applicant from the suit land then he sent the deponent who contacted the learned Advocate Mr. Md. Samsul Hoque on 23-3‑2...... Md. Abdul Wahhab Miah J Atiqur Rahman Mullah……………………Petitioner Vs. Abul Kalam Azad and others……………..Opposite Parties Judgment December 14, 2002. Lawyers involved: Md. Samsul Hoque, Advocate-For the Petitioner AKM Shahidul Hoq with Tania Siddiqua, ......Rahima Khatun was also fraudulently obtained to file that application. Three suits were filed by Meherunnesa against her sons, daughters and grandsons. In all the three suits the main and substantial question was as to whether the concerned deed of gift was genuine or created fraudulently on obtaini..Category: Property Law | Date: | Hits: 73
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....at the holding No. 28, Hatkhola Road Dhaka. In pursuance to the said agreement an amount of Taka 55,000 by way of advance was paid to the company out of the total consideration of Taka 70,000 and the possession of the said property was also handed over to the said firm. In the meantime, the war betw......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......der. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......5‑2‑1982 the company being an industrial enterprise placed under clause (1) of Article 10, no provision of law relating to the winding up of the companies under clause 2 would apply to company in question in this case and accordingly, the plaint of' the Title Suit No. 81 of 1991 was rightly reje..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......ts. Ed. This Case is also Reported in: 56 DLR (2004) 362. ...... was banned in Bangladesh and they could not claim to be prejudiced under the law and since their products were not in use in the market of Bangladesh they had no locus standi to challenge or call in question the registration of the mark of the appellant by the respondent No.1. It is contended that ..Category: Intellectual Property Law | Date: | Hits: 226
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ...... knowing fully well that the pregnancy was caused due to the co‑habitation of the petitioner and opposite party No. 1. The marriage was solemnised according to the Mohammadan Law and the law of the land and it was registered according to the law and there was no illegality in the solemnisation of ......t is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ...... decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......y evidence. PW12 also does not support the prosecution case. She has been declared hostile by the prosecution. Though the prosecution cross-examined her with reference to her earlier statement but no question was put to the investigating officer (PW14) with regard to her earlier statement. PW5 does ..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......ce station. In cross-examination, he stated that he did not find any mark of injury on the person of victim Arzina Khatun. He stated that the shallow machine stands at a distance of about 30 highs of land from their house. He stated that Mst. Arzina Khatun took a Badna while going to the latrine but......ot wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..Category: Criminal Law | Date: | Hits: 45
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....anikganj for declaration of her title in 2 decimals of land with two tin buts thereon fully described in the schedule to the plaint. 3. Plaint case, in short, is that one Tamej Sheikh was owner in possession of 3 decimals of land including the suit land, which was accordingly record in his name i...... No. 1 of 1991 and dismissing the suit. 2. On 30‑1‑1991 the plaintiff instituted the Suit in the aforesaid Court of Subordinate Judge at Manikganj for declaration of her title in 2 decimals of land with two tin buts thereon fully described in the schedule to the plaint. 3. Plaint case, in ......…………………Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Referred To- Shorna Mehta Vs. Rajani, 1 CWN 55. Lawyers involved: Md. Haroon‑ar Rashid, Advocate-For the Petitioner. Not represented- the Opposite P......in the official Gazette declaring that the Compensation Assessment-roll was finally published. 23. During the CS survey, the land was recorded as 'Nal'. With the passage of time when the bazaar in question expanded up to near the suit land, the recorded tenant might have made shops thereon for so..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....in all complaints and charges preferred, the names of persons arrested, the names of the complainants, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of witnesses who shall have been examined". This diary is dif......e present time in this country there is more danger that criminals will escape justice than that they will be subject to tyranny'. As the century has unfolded, the danger has increased." 20. In England, the police powers of arrest, detention and interrogations has been streamlined by the Police a...... 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......He submits that these actions of the law enforcing agencies are not only deprecatory but also contrary to Articles 27, 31, 32 and 33 of the Constitution. 9. In the aforesaid background a pertinent question arises whether the provisions of the Code authorise a Magistrate to make such orders of cus..Category: Criminal Law | Date: | Hits: 70
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......cordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ...... not create any right to the accused Harun to be entitled to get bail disregarding the allegation and overt act against him in the record. Court of law must act upon materials on record to decide the question of granting or non-granting of bail to the accused. 12. Since the direction vide ord..Category: Criminal Law | Date: | Hits: 72
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....6. The issue facing us is, whether the order appointing a receiver in a partition suit is well founded on the facts of the case and the law. 7. Admitted case is that Maulavi Alimullah was owner in possession of the entire suit property. He died leaving a wife, Hasina Begurn two sons and six daugh......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......4) 303. ......eir behalf. On consideration of the application and the objection, the learned Joint District Judge was of the view that the suit was for partition and the decision in which might take time; that the question of title could be decided in the suit and that the property was admittedly ancestral proper..Category: Property Law | Date: | Hits: 69
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....ed Title Suit No. 146 of 2000 before the Assistant Judge. Additional Court No.1, Dhaka seeking a decree for declaration of title, cancellation of deed, connection of record of right, recovery of khas possession and for permanent injunction, impleading the petitioners as defendants. 3. The pet......ently, by way of an additional written statement filed on 7‑8-2000, the petitioners took the plea that the suit has been grossly undervalued stating, inter alia, that the market value of the suit land ought to have been above one crore and the suit having not been filed with ad valorem court fee......3. Cases Referred to- Fazlur Rahman Vs. Rajab Ali and others 30 DLR (SC) 30; Aziza Nilufar Begum Vs. Jahanara Begum and another 3 BLC 117. Lawyers Involved: Md. Zakir Hossain, Advocate-For the Petitioners. Md. Golam Arshed, Advocate‑For the Opposite Parties. ......ncerned, is in challenge before this Court against which the defendants obtained the instant Rule. 7. Mr. Md. Zakir Hossain, the learned Advocate appearing for the petitioner, submits that the question raised by the defendants being a pertinent one touching the jurisdiction of the Court itsel..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......er in trial for the offence of rape than for other offences was largely removed from law. Rape was, thus, emblemed as a felony punishable by imprisonment in most states and by life imprisonment in England. Lord Chief Justice Hale wrote in one of the most of quoted passages in our Jurisprudence that ...... IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......ing in view the true intention of law embodied in The Ordinance of 1983, Special Tribunal awarded conviction under section 4(c) of The Ordinance of 1983. No exception can be taken to that. 41. The question now shall be addressed from another legal angle which is, if offence of commission of rape ..Category: Criminal Law | Date: | Hits: 64
....without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......de without lawful authority and to be of no legal effect.
2. The short fact leading to this Rule is that, the petitioner and his brother Mosadder Ali, who are wage-earners, purchased 4.00 acres of land appertaining to SS Plot No. 16, 316, 367, 368 and 370 of Khatian No. 20/2 from one Nirmala Chow....... In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......rised occupier of Government khas land. In the present matter admittedly the Deputy Commissioner or an Additional Deputy Commissioner or a Joint Deputy Commissioner did not initiate the proceeding in question nor passed the order as contained in impugned Annexure ‘D’. It appears that there is no..
Category: Property Law | Date: | Hits: 172
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ...... 2. The relevant facts are that the complainant Shashi Mohan Das filed a complaint case in the Court of Senior Special Judge, Sunamganj alleging that he and his brother Hari Mohan were owners of the land in plot No. 1914 appertaining to Khatian No.70. But the accused Chitta Ranjan Sinha created a f......udge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......cords along with the documents annexed thereto and submissions of the learned Advocates appearing on behalf of the opposite parties. It appears that the accused‑petitioner has raised the only legal question for quashment of the proceeding stating that since the alleged forged document was produced..Category: Criminal Law | Date: | Hits: 42
....uare yards by a letter dated 14‑5‑1980. On payment of the requisite fees of Taka 68,581 a deed of lease was executed and registered on 4‑4‑84 leasing out the suit plot for 99 years. Same date possession was delivered to the plaintiff.
4. By raising semi-pucca structures, he established a ......ed necessary trade licence and got his name mutated in the office of the Assistant Commissioner (Land). He paid rents and taxes. He also obtained permission from defendant No.3 to mortgage the framed land in order to collect fund. He applied to the Janata Bank for land and the Bank sanctioned a loan......, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......it was issued without holding any enquiry and the knowledge of the prescribed authority at the instance of interested quarter including defendant No.7 and learned Subordinate Judge failed to consider question of cancellation of the lease in the facts and circumstances of the case and on the evidence..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ...... for disposal of the Rule are that on 25‑9‑1991 opposite party Nos.1 to 4 as plaintiffs instituted Title Suit No. 62 of 1991 against defendant No.1 and others for declaration of title in the suit land. The suit was on transfer to the aforesaid Court and renumbered as Title Suit No. 46 of 1998. P...... Mia and others………………………….Petitioners Vs. Shiraj Mia and others…………………………Opposite Parties Judgment July 20, 2002. Cases Referred to- Abdul Matin Chowdhury Vs. Chapala Rani Sen and others 37 DLR (AD) 205 = 1985 BLD (AD) 172; Motilal Chowdhury ......presentation of plaint, the 'kabulyat' was filed in Court. Then, on 8‑2‑1999 the plaintiffs made an application for direction upon said defendants to file the counterfoils of the rent receipts in question, which was allowed by an order dated 3‑3‑1999. After such an order directing said defen..Category: Property Law | Date: | Hits: 61
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