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Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)
....Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 making the Rule absolute in part directing to prepare the record of right of the case property in the name of the orig......gment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ......nd accordingly, got his name corrected and paid rent to the Government. After the death of Yunus Ali, the respondent Nos.5-9 as his heirs and successors have been in possession of the land. 4. The trial court after hearing dismissed the suit. The plaintiff Abdul Malek preferred Title Appeal No....... VII ADC (2010) 557. ..Category: Property Law | Date: | Hits: 28
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....d and published in the name of Roy Bahadur Karuna Das Bose on behalf of the deity Sree Sree Laxmi Narayan Jew. The Managing Shebayet started possessing the land of C.S. Plot Nos.94 and 95 by erecting some sheds and kuccha rooms upon case plot No.65 and letting out the same. Thereafter, the Managing ......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ......tion of title and recovery of 'Kha' possession so far it relates to C.S. Plot No.94. In that suit Elahi Box filed written statement contesting the suit land eventually the suit was dismissed by the trial Court on 23.03.1931 but the findings of possession was in favour of the plaintiff as regards......ourt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Surujit Bose (Raju)…......................Petitioner Vs Bangladesh and others…………........Respondents Judgment January 26, 2010. Lawyers Involved: A..Category: Property Law | Date: | Hits: 23
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....mel Hossain J Azizur Rahman Khan and others………………Petitioners Vs. Md. Aynul Miah and others…………….......Respondents Order March 10, 2010. Lawyers Involved: Masood R. Sobhan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners ......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545....... VII ADC (2010) 545...Category: Property Law | Date: | Hits: 21
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
....afazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 30.10.2007 of the High Court Division passed in Civil Revision No. 3326 of 1998 making the Rule absolute. 2. The respondent No.1, along with others, filed Title Suit No. 23 of 1993 in the Court...... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541.......reafter according to the sanction of the Government, Habiganj Zilla Parishad constructed the office of the union parishad at Kamargaon village and directed the Chairman to use the same as office. The trial Court, after hearing, by judgment and decree dated 21.8.1993 decreed the suit. Being aggrieved......eported in: VII ADC (2010) 541...Category: Civil Law | Date: | Hits: 72
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....at Ara J Md. Abid Khan and others ..........…Petitioners Vs. The Government of Bangladesh and others ...........…Respondents Judgment May 5, 2003. Result: The Rule is made absolute. Cases Referred to- Mukter Ahmed Vs. Government of Bangladesh and others, 34 DLR 29; Ab...... the situation prevailing immediately after liberation. 20. We do not think that only because of the concentration of Urdu speaking people, who were citizens of the erst while East Pakistan the so called Geneva Camp has attained any special status so as to be excluded from the operation of the la......squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ...... This Case is also Reported in: 55 DLR (HCD) (2003) 318. ..Category: Election Law | Date: | Hits: 94
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s petition are that one Md. Mokhlesur Rahman lodged an FIR on 27.11.2009 with the Ishwardi Police Station, alleging, inter alia, that due to earlier enmity, the respondent No.1 along with 20 named persons and others being armed with chinese axe, knife, rod, sticks, on the order of respondent No.1, a......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......id not arise here since they are admitted fugitives and sure to be arrested, in connection with investigation into the allegations contained in the FIR and to bring the offenders before the Court for trial. These duties are cast upon the police and other law enforcing agencies under the various prov...... Shah Abu Nayeem Mominur Rahman J A.B.M. Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The State. .......... Petitioner. Vs. Zakaria Pintu alias Md. Zakaria Pintu and others. ...... Respondents. Judgment June 6, 2010. Lawyers Involved: Ekramul Haque,..Category: Criminal Law | Date: | Hits: 68
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....d noticed. 4. Petitioner of this Civil Revision Petition as plaintiff land a suit being Title Suit No.72 of 1985 in the Court of Munsif (now Assistant Judge), Kachua, Chandpur for declaration that solenama filed by plaintiff-petitioner on 14-8-1985 in Miscellaneous Case No. 49 of 1984 and Title S......ich the decree was passed for an order to set it aside and if he satisfies the Court that summons was not duly served or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon su......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......53 DLR (2001) 284...Category: Procedural Law | Date: | Hits: 83
Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)
....e the Metropolitan Magistrate, Chittagong alleging that the accused petitioner used to purchase potato from the complainant for supplying to different cantonments and on 01-07-89, the accused party also came to purchase potato but they disclosed that some of their bills which were pending in differe......titioner. Md. Mustafa, Assistant Attorney-General — For the Opposite Parties. Criminal Revision No.1211 of 1993. Judgment Md. Hamidul Haque J. - By this Rule, the opposite parties were called upon to show cause as to why the proceedings of Criminal Case No. 301 of 1990 now pending in ...... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283.......gh Court Division (Criminal Revisional Jurisdiction) Present: Md. Hamidul Haque J Md. Hassan Ameen J Abdul Rouf (Md.) alias Nayan………………….. Petitioner Vs. State and another……. Opposite Parties Judgment July 15, 1999. Lawyers Involved: Syed Zi..Category: Criminal Law | Date: | Hits: 39
....ndant Nos. 2 and 3. It has been alleged that defendant No.1 cleared the cargo at Chittagong Port on a declaration as the Ship’s agent under section 55(B) of the Customs Act whereby he undertook personal liability for the damage or loss of goods of the consignment. The consignment was insured with......Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the purpose of the case are that, opposite party ...... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280....... also Reported in: 53 DLR (2001) 280...
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....omes and learned ‘Subordinate Judge’ does not fall within the category of District Judge. (ii) The result of Election had not been materially affected by striking out the names of 555 named persons from Electoral Roll and learned appellate Judge committed grave error in declaring election of ......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......them as desire to be heard or of its own motion without such notice, the High Court Division or the District Court may at any stage transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it competent to try or dispose of the same. 22. The......sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....of conviction dated 14.9.92 passed by the Sessions Judge, Patuakhali in Sessions Case No. 16 of 1992 convicting and sentencing the accused appellant under section 302 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 2,000.00 in default to payment of fine to suffer imprison......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......mitted dacoity in the hut and also committed murder of the victim but the police without making proper enquiry submitted charge-sheet against the appellant and other accused persons, that the learned trial Court framed charge under section 302 of the Penal Code illegally and, as such, the conviction......7; State Vs. Lalu Miah 1987 ILD (AD) 212; Hazrat Ali Vs. State 42 DLR 177; Nannu Gazi Vs. Awlad Hossain 43 DLR (AD) 63; Salauddin Vs. State 32 DLR 227; State Vs. Abdur Rashid 35 DLR 195; State Vs. Purandhar Roy Joydhar 31 DLR 312; Nowsher Mi Sarder Vs. State 39 DLR (AD) 194. Lawyers Involved:..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
.... 1378 BS corresponding to 06-08-1991 and delivered physical possession of suit land favour of the plaintiff and agreed to execute and register the necessary deed of sale in favour of the plaintiff as soon as possible that the plaintiff accordingly went into possession of the suit land and from time ...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262.......istered kabalas Exhibit A (1)—A (5) and they are in possession of the suit land. 4. The learned Munsif after hearing decreed the suit but on appeal, the Appellate Court sent the suit back to the trial Court on remand for fresh trial. 5. In the meantime, the suit was renumbered as Title Suit ......3 DLR (2001) 262...Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
....his Rule is directed against order Nos.28 and 29 dated 24-6-1992 and 6-7-1992 respectively by the learned Senior Assistant Judge, 2nd Additional Assistant Judge Court, Sadar, Noakhali allowing comparison of disputed document against which another suit is brought with plaintiffs signature disputed in......the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. Such persons are called experts.” “73. In order to ascertain whether a signature, writing or seal is that of t...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......rd immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...Category: Procedural Law | Date: | Hits: 85
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....e declared to have been made without any lawful authority and is of no legal effect. 2. The short facts leading to the dispute as has been stated in the writ petition are that, the petitioner took some loan from the respondent No.2 the Uttara Bank and since the loan could not he paid within the s......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254....... the above provision of the General Clauses Act, as well, that the instant Suit comes within the purview of section 9 of the Artha Rin Ain, to be tried as an Artha Rin case, it is a mere procedure of trial of a suit. So it can be given retrospective effect. Change in the manner for trial or (dismiss...... (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Khademul Islam Chowdhury J Star Medical Store………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…….Respondents Judgment January 18, 2001. Cases Referred To- Hazi Joynal A..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....inter alia, that the petitioner was a permanent Nikah Registrar for Ward Nos.15, 16, 17 of Dhaka City Corporation which were subsequently renumbered as Ward Nos. 46, 47 and 48. Upon the allegation of solemnisation of marriage of a minor couple notice was issued to him to show cause as to why his lic......ivorces (Registration) Act of 1974 (LII of 1974) providing section 4 thereof that for the purpose of the registration of marriages, the Government shall grant licence to such number of persons, to be called Nikah Registrars, as it may deem necessary, for such areas as may specify, provided that not ......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237....... Division (Special Original Jurisdiction) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Fazlur Rahman & 38 others……..Petitioners Vs. Government of Bangladesh and others…………….Respondents Judgment March 22, 1999. Cases Referred To- Kazi..Category: Constitutional Law | Date: | Hits: 109
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....ered by learned trial Judge of a written objection taking stand that pre-emption proceeding holding had been sub-divided and new Jama had been created in the name of seller opposite party No. 2 and also in the name of pre-emptee-petitioner and pre-emptor opposite party ceased to be a co-sharer in pr......r Advocate—For the Opposite Party No. 1. Civil Revision No. 3029 of 1993. Judgment AK Badrul Huq J. - The propriety and legality of concurrent decisions recorded by Courts below have been called in question by pre-emptee petitioner in invoking this Court’s Civil Revisional Jurisdiction......ioner was a stranger to the case holding. 3. Petitioner of Civil Revision petition as pre-emptee resisted Miscellaneous Case on presentation in full agreement with the decision rendered by learned trial Judge of a written objection taking stand that pre-emption proceeding holding had been sub-div......in: 53 DLR (2001) 232...Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... Ali J Mojibul Haque (Md)………………….Petitioner Vs. Ataur Rahman and others……………Opposite Parties Judgment November 7, 2000. Cases Referred To- AIR 1959 (Mysore) 75 & 47 DLR 261. Lawyers Involved: AF Hassan Arif Advocate—For the Petitioner. ...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......dingly, the order passed by the learned Additional District Judge is upheld but the observation that has been made in the Judgment, as regards maintainability of the suit will not be binding upon the trial Court at the trial of the suit and the trial Court upon considering the materials adduced befo......DLR (2001) 229...Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....rt facts of the case are that one Md Mojiruddin as informant lodged a first information report with Haripur Police Station against present-accused-petitioner and alleging, inter alia, that his eldest son was severely and grievously assaulted by the accused-persons including accused-petitioner who di......ugned judgment and order passed on the application filed before the learned Sessions Judge under section 439A of the Code of Criminal Procedure. 5. The learned Advocate for the petitioner was thus called upon to answer the only and moot point of the Case whether a second revision under section 43......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......z J Mariam Begum…………….Accused-Petitioner Vs. State & another…………………..Opposite Parties Judgment November 7, 2000. Cases Referred To- Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 35 DLR (AD) 127, 3 BLD (AD) 279; Sher Ali (Md) and ..Category: Criminal Law | Date: | Hits: 40
.... section 151 of the Code of Civil Procedure for compelling the defendant Nos. 1 to 3 to restore possession of the suit land by way of a temporary mandatory injunction till disposal of the suit, and also prayed for ad-interim mandatory injunction for a direction upon the defendant Nos.1 to 3 to resto......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......the suit, and also prayed for ad-interim mandatory injunction for a direction upon the defendant Nos.1 to 3 to restore possession of the suit land to them pending hearing of the said application. The trial Court allowed the prayer by its order passed on the same date as impugned in earlier Rule and ......ourt.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
....Four-year-old boy charge-sheeted in Criminal Case” this Rule was issued calling upon the Deputy Commissioner Nilphamari to show cause as to why the aforesaid criminal proceeding against Labu Mia, son of Atiar Rahman should not be quashed. 2. The Records being called for have been received. ......s issued calling upon the Deputy Commissioner Nilphamari to show cause as to why the aforesaid criminal proceeding against Labu Mia, son of Atiar Rahman should not be quashed. 2. The Records being called for have been received. 3. It appears that on 4-11-2000 one Md. Kechua Mamud lodged a Firs......বয়স ৪/৫ বছর হইবে। তাহার কোন অপরাধ হয় না।” The learned Magistrate in his turn allowed bail to Labu Mia and took the Case to his file for trial. The Investigating Officer, however, on 18-1- 2001 filed another application contradicting his......ilphamari police station against 8 (Eight) accused persons specifically mentioned therein stating, inter alia, that on 20-10-2000 at about 12 noon the accused formed themselves into unlawful assembly and assaulted the informant and other witnesses and also took away Taka 1200.00 from the possession ..Category: Criminal Law | Date: | Hits: 101
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