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Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
....uit No. 737 of 1985 of the 2nd Court of Munsif (now Assistant Judge), Dhaka, the plaintiff learnt that the defendant No.1 as plaintiff filed the suit for recovery of khas possession of 1/3rd katha of land of Plot No.219 of Khatian No.6, of Mouza Ibrahimpur, P.S. Dhaka Cantonment, Dhaka against him a......li, Advocate-on-Record- For the Respondents. Civil Appeal No.173 of 2003. Judgment MM Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 28.01.2002 passed by a Division Bench of the High Court Division in Civil Revision No. 3537 of 1999 heard analog......t was subsequently transferred to the 3rd Court of Subordinate Judge (now Joint District Judge), Dhaka and was renumbered as Title Suit No. 3 of 1987. 3. The case of the plaintiff, in short, is that the defendant No. 1 entered into an agreement with him to sell the suit property at a cons......¦â€¦â€¦â€¦Respondent Judgment February 7, 2007. Result: The appeal is dismissed. Lawyers Involved: Mohammadullah, Advocate, inÂstructed by Nurul Islam, Advocate-on-Record- For the Appellant. Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....vil Suit No.230 of 2002 against her. She stated that a false case had been filed against her husband because she was a witness in this case and denied having received any money as payment for sale of land. 13. Abul Hossain, deposing as P.W.5, stated in his examination-in-chief that he came to the......l No.922 of 2004 is abated. Criminal Appeal No.3128 of 2004 and Jail Appeal No.921 are allowed. Criminal Appeal No.3711 of 2004 is dismissed. Criminal Appeal No.3316 of 2004 is allowed. Cases Referred to- Sheikh Mujibur Rahman @ Razibulla Vs. State, 58 DLR 393; Nurul Islam and others......nal Appeal No.3316 of 2004). Sheikh Muhd. Serajul Islam, Advocate-For the Appellant (In Criminal Appeal No.3711 of 2004). A.K.M. Zahirul Haque with Syed Haider Ali and Chowdhury Shefat-E-Jahan Shathi, Advocates-For the Opposite Party (In Criminal Miscellaneous (Suo Motu Rule) No.3196 of 2005)....... Cases Referred to- Sheikh Mujibur Rahman @ Razibulla Vs. State, 58 DLR 393; Nurul Islam and others Vs. The State, 43 DLR (AD) 6; Belal Ahmed Vs. The State, 40 DLR 154; Amar Kumar Thakur & ors Vs. The State, 8 BLD (AD) 101. Lawyers Involved: Fahima Nasrin, Deputy Attorney-General wi..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
.... of Subordinate Judge, Dhaka for declaration that the registered kabala deed No.140 dated 13-01-1938 is collusive, fraudulent, void, forged and without jurisdiction and also for partition of the suit land. 3. The plaintiffs case, in brief, is that Habibulla father of plaintiff was the owner in ......rahim and others………………………….Opposite parties Judgment August 8, 2006. Result: The Rule is made absolute. Cases Referred to- Md. Serajuddin Ahmed and others Vs. A.K.M. Saiful Alam and others, 56 DLR (AD......isputed L.T.I.'s of Fuljan Bibi should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Short facts leading to this Rule are that on 01-07-1991 Fuljan Bibi alias Gedi Bibi (predecessor of the petitioners) as plaintiff institut......; Nurul Huq (Md.) @ MN Huq Vs. Nirmal Chandra Dutta and another, 56 DLR (AD) 143; Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 13 BLT (AD) 3. Lawyers Involved: Mahbubey Alam, Senior Advocate with Samarendra Nath Biswas, Advocate - For the petitioners. No one for opposite pa..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
....shy;mand for retrial.
2. The opposite party nos.1-13 as plaintiffs filed Title Suit No.29 of 1986 in the Court of Subordinate Judge, Jamalpur for declaration of their title in the suit land and recovery of possession in which the petitioner, the Deputy Commissioner (Revenue), Jamalpur......ellip;.Opposite Parties
Judgment
July 24, 2006.
Result:
The Rule is discharged.
Lawyers Involved:
No one appears-For the Petitioner.
N. A. Chisty, Advocate for Md. Hasan, Advocate-For the Opposite Parties.
Civil Revision No.2275 of 1994.
Judgment
AK......shy;tion of their title in the suit land and recovery of possession in which the petitioner, the Deputy Commissioner (Revenue), Jamalpur was impleaded as the defendant No.3. Their case, in short, is that the suit land measuring 3.36 acres described in the schedule of the plaint originally belonged t......dal and others……………….Opposite Parties
Judgment
July 24, 2006.
Result:
The Rule is discharged.
Lawyers Involved:
No one appears-For the Petitioner.
N. A. Chisty, Advocate for Md. Hasan, Advocate-For the Opposite Parties.
..
Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....em with ulterior motive. 7. If the entire allegation in the First Information Report that the accused appellant No.1 had been carrying 13 angled is he hundi money from Godagari area to Sonamashjid land port with a view to smuggling them into India and alleged recovery of Bangladeshi taka from the...... Iqbal Hossain, Assistant Attorney-General-For the Respondent. Criminal Appeal No.1083 of 2004. Judgment Khademul Islam Chowdhury J.-This appeal is directed against an order dated 9.03.2004 passed by the learned Special Tribunal and Sessions Judge, Chapai Nababganj in Special Tribunal Case ......ence under section 25-B of the Special Powers Act, 1974 rejecting the final report submitted by the Investigation Officer in favour of the accused-appellants. 2. The prosecution case in short, is that J.C.O. 4527 Naik Subedar Md. Abdul Jabbar, 6 Rifle Battalion, Chapai Nababgonj Police Station, D......llants Vs. The State……………………………………………. Respondent Judgment July 20, 2006. Result: The Appeal is allowed. Lawyers Involved: Kh. Saiful Haque-For the Accused-Appellants. Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim and Md...Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....5. It is further stated that the petitioner is a service holder and as such it is not possible for him to manage the property as contained in the will and furthermore, Shishubala Roy resides upon the land as contained in the will and in this view of the matter, the petitioner gave a general power of......ip;…………………………………Respondents Judgment July 19, 2006. Result: The Appeal is allowed. Cases Referred to- Brajabala Vs. Tarapada Saha Minor and others, 11 DLR 1959 page 40; Pannu Geeg......us Case No.58 of 1972 in the Court of District Judge, Rajshahi, for revocation of Probate granted on 12.04.1974 arising out of Will dated 13.02.1972. 3. The case of the petitioner, in short, is that principal opposite party No.1, Negendra Nath Roy, obtained Probate of last will and testament of......llip;………………Respondents Judgment July 19, 2006. Result: The Appeal is allowed. Cases Referred to- Brajabala Vs. Tarapada Saha Minor and others, 11 DLR 1959 page 40; Pannu Geegania Vs. Devi Proshad AIR 1963 MP15; Juttendromohun Ta..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....udgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......hellip;………………Opposite Party Judgment July 2, 2006. Result: The Rule is discharged. It is the plaintiff who is to prove his own case independently and must not depend on defence witness. There may be thousands of defects in the d...... is the plaintiff who is to prove his own case independently and must not depend on defence witness. There may be thousands of defects in the documents of the defense as well as their case, but that does not entitle the plaintiff to get a decree………………&h......and the decision on question of facts by the appellate court can not be interfered with by the High Court Division in exercising revision jurisdiction unless there has been any misreading of evidence or non-consideration of material evidence occasioning failure of justice……&hellip..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
.... Defendants, a decree for permanent injunction restraining the Defendants from evicting the tenant of the plaintiff from the 'D' schedule property and changing the natured and character of the vacant land and giving lease or transfer or construct any stracture in the 'C' schedule property to any oth......suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ......o.237 of 2002 against the Devendant Zaber Siddique, Adnan Siddique, Moulana Mohammad Baker Siddique Jounpuri, Babor Sidique before the Court of Joint District Judge, 2nd Court, Dhaka for declaration that the 'A' Schedule property as stressed property, a decree for khas possession of the B & C sc...... the parties are the same title and the court is competent to grant the relief so claimed. Unless the Court is satisfied with the above tests of law, no stay can be granted. If the earlier suit fails or in the alternative the plaintiff of the earlier suits unable to get a decree, the plaintiff of th..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... 5,48,70,800 has not been paid as yet. It is stated that Special Case No.11 of 1992 and all other subsequently filed appeals conclusively established that the tranÂsactions involving transfer of the lands of Plot Nos. 49, 49A, 49B and 49C of Kawran Bazar Commercial Area were done by the respondent ......bdul Mannan Khan (Md.)..........................Petitioner Vs. Bangladesh and others.........................Respondents Judgment May 25, 2006. Result: The Rule is disposed of. Cases Referred to- Md. Ali Hossain Vs. State, 5 MLR 299 = 52 DLR 282; Emperor Vs. Sm Sarojini De C......itigation to ensure and enhance public awareness of the duties and obligations of Government agencies and increase accountability and transparency of State actions, is particularly concerned to note that the respondent No.4, former President Hossain Md. Ershad, along with 16 other accused-persons we......sh and others.........................Respondents Judgment May 25, 2006. Result: The Rule is disposed of. Cases Referred to- Md. Ali Hossain Vs. State, 5 MLR 299 = 52 DLR 282; Emperor Vs. Sm Sarojini De Chowdhury, AIR 1939 Cal 337; Keshav Datta Misra Vs. State, AIR 1967 All 276; P..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
....thers Vs. Securities and Exchange
Commission and another, 50 DLR (AD) 189 at page 192 para 16; Dhaka Ware House
Ltd. and Another Vs. Assistant Collector of CusÂtoms and others, 11 BLD (AD)
327; Inland Fisheries Development Ltd. Vs. Bangladesh and others, 5 MLR (AD) 71.
Lawyers Involved:
......bligations must be regulated by rules of
law applicable to the relationship of principal and agent. In the performance
of his undertaking the agent must act in accordance with the authority which
has been given to him. In the absence of express authority he must act in
accordance with the genera......ontractual obligations towards Wonderland Toys Ltd. were fulfilled thereby
treating the matter as closed. The petitioner's Chief Executive OffiÂcer, on
receipt of an information of a friend found that the English Daily
"Financial ExÂpress" in its 19th January, 2001 issue pubÂlished news
to th......y 9, 2006.
Result:
The Rule is
discharged.
Obligations
of an agent
An agency relationship
will arise from an agreement particularly from a contract, the express or imÂplied
terms of which govern the rights and liabilities of the parties. In the absence
of an..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....ns are merely policy guidelines in respect of certain matters concerning the business of the Government. These do not create any legal right in favour of any person to ask for return of unutilized land validly acquired under the law." 34. In the case of Secretary, Internal Resources Divisio......is also Reported in: 28 BLD (HCD) (2008) 427. ......997 and then he was also appointed continuously on 13.03.2001 till 22.03.2004 when the service was discontinued after the decision of the 3rd Labour Court, Dhaka passed on 3.03.2004. It is stated that on 18.12.2000 there was an internal transfer whereby the first party petitioner was transferred......our Court, Dhaka and others………………………..Respondents Judgment April 27, 2006. Result: All the Rules are made absolute. Cases Referred to- Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 48 DLR (AD) 62; Managing Director,..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....ecame ex officio members of the parlement, entitled to deliberate and to vote on any matter. It was held in a special chamber aux plaids, palace which was the fixed seat of Parliament. 19. In England, it dates back to nearly one thousand years. Long before the Norman conquest in 1066, there use......he owners of this country and all functionaries and the members of all services must serve them, their cause and their interest, in justification of their existence. 3. The members of Parliament as a body, represent the entire body of the people of Bangladesh, as such, should held their head hi......pective constituencies, as such, are agents and trustees for and on their behalf. 7. The members of Parliament are debarred from holding any office of profit under the Government in any form so that they can be mentally unimpeded and free to speak generously in the Parliament on behalf of the p......ion of their existence. 3. The members of Parliament as a body, represent the entire body of the people of Bangladesh, as such, should held their head high, in defending the rights of their electorates in the House of the Nation, otherwise, they will be failing in their onerous duties and funct..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
....and these are: a. Petitioners as plaintiffs on 14.8.1986 instituted a suit being Title Suit No.511 of 1986 in the Court of Assistant Judge, Bagerhat Sadar, Bagerhat for declaration of title on the land described in schedule to the plaint. b. Defendants-opposite parties has been putting up cont...... Ali being dead his hairs: Selina Begum @ Rani and others…………………………………Defendant-Opposite-Parties Judgment April 18, 2006. Result: The Rule is made absolute. Case Referred to- Breeh Vs. Amalgated Engineering Union, (1971) 1 All ER 1148. Lawyers Involved...... Civil Revision No.1523 of 1990 (Dhaka). Civil Revision No.326 of 1988 (Jessore). Judgment AK Badrul Hug J.- Plaintiffs of Title Suit No.511 of 1986 of the Court of Assistant Judge, Bagerhat Sadar, Bagerhat are Petitioners and Defendants are opposite parties in the Civil Revision Petiti......dgment April 18, 2006. Result: The Rule is made absolute. Case Referred to- Breeh Vs. Amalgated Engineering Union, (1971) 1 All ER 1148. Lawyers Involved: S.M. Zahidur Rahman - For Petitioner No.2. No one appears - For Opposite Parties. Civil Revision No.1523 of 1990 (Dha..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....ing judgment and decree dated 21.12.1983 passed by the then learned Subordinate Judge, Bogra in O.C. Suit No.18 of 1977. 2. The plaintiff filed the suit for declaration of title to the suit land and for permanent injunction therein. 3. The case of the plaintiff is that the suit land a...... Kalimuddin Pramanic and others…………………..Opposite Parties Judgment March 28, 2006. Result: The Rule is made absolute. Cases Referred to- Jafar Ali Vs. Khagendra Chandra Dutta and others, 1983 BLD 32; Abdul Majid an......udge, Bogra in O.C. Suit No.18 of 1977. 2. The plaintiff filed the suit for declaration of title to the suit land and for permanent injunction therein. 3. The case of the plaintiff is that the suit land appertaining to C.S. khatian No.1 of Mouza Darigachha under P.S. and District-Bogr......Vs. Khagendra Chandra Dutta and others, 1983 BLD 32; Abdul Majid and others Vs. The Province of East Pakistan and others, (1971) 23 DLR 203. Lawyers Involved: Rubaiyat Hossain, Assistant Attorney-General-For the Petitioner. No one appears- For the Opposite Party. Civil Review No...Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....nsel for the petitioner. In the case reported in AIR 1949 Mad 77, it was held that where a Magistrate while releasing the accused on bail attached conditions that the accused would not enter upon the land in dispute for a particular period and that they would not commit any breach of peace, the cond......l Islam (Md.) ………………………. Accused-Petitioner Vs. State …………………………………………………………..Opposite Party. Judgment February 13, 2006. Cases Referred to- AIR 1949 Mad 77; Lakhi Naragam Kundu Vs. Crown, 4 DLR 352. Lawyers Involved......n Tribunal 2, Gaibandha in Nari-o-Shishu Case No. 350 of 2004 asking the accused petitioner to withdraw the civil suit as a condition of his release on bail. 2. The prosecution case, in short, is that the accused Rafiqul Islam married the victim Rumana Akter on 9-6-2003 setting dower money of Tak......……..Opposite Party. Judgment February 13, 2006. Cases Referred to- AIR 1949 Mad 77; Lakhi Naragam Kundu Vs. Crown, 4 DLR 352. Lawyers Involved: Abdul Latif Prodhan. Advocate—For the Petitioner. Ireen Mahahub, Deputy Attorney-General—For the State-Opposite Party. Crim..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
....l of the rule are as follows: 3. The petitioner as plaintiff instituted Title Suit No.2 of 1991 in the Court of Senior Assistant Judge, Sadar Court, Comilla for redemption of mortgaged land. 4. The plaintiffs case in short, was that Lal Mia the original owner mortgaged the suit l......;……………………………….Opposite Parties Judgment January 25, 2006. Result: The Rule is discharged. Case Referred to- Sachindra Lal Das and others Vs. Hriday Ranjan Das being his heirs Bimal Kanti......ner as plaintiff instituted Title Suit No.2 of 1991 in the Court of Senior Assistant Judge, Sadar Court, Comilla for redemption of mortgaged land. 4. The plaintiffs case in short, was that Lal Mia the original owner mortgaged the suit land to defendants' predecessor Suruj Mia init......scharged. Case Referred to- Sachindra Lal Das and others Vs. Hriday Ranjan Das being his heirs Bimal Kanti Das and others, 40 DLR (AD) 56. Lawyers Involved: Md. Tafazzal Hossain- For the Petitioners. Md. Abdul Quddus Mia- For the Opposite Parties. Civil Revision No.168..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....Dhaka. 3. The plaintiffs case, in short, is that the defendant No.1 Mrs. Inge Flatz, who is origiÂnally an Austrian Lady, and while she was living in the then East Pakistan, acquired the suit land by an indenture of lease deed exeÂcuted on 14.09.1965 by the then Dhaka ImÂprovement Trust ......all material dates to perform his part of the contract…………………(31) Law under section 101 of the EviÂdence Act is that the burden of proof lies with the party who substantially asserts the afÂfirmative of issue. It is reasonable and just that the suitor, who relies upon the ...... defenÂdant and whether the plaintiff is ready and willing at all material dates to perform his part of the contract…………………(31) Law under section 101 of the EviÂdence Act is that the burden of proof lies with the party who substantially asserts the afÂfirmative of issue. I...... Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prove..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....Subordinate Judge(now joint District Judge), Dhaka for declaration of title stating, inter alia, that the plaintiff is a Hindu Deity installed long ago in a temÂple situated in a portion of the suit land. The suit land was dedicated for establishÂment of the deity and also for performing the Sheba......ch is immortal and it continues to be a property of the deity for all times to come. Even if a particular image be destroyed, the deity whose visible form the image continues forever and its property as the Debuttor property remains totally unaffected. ………(13) The plaintiff’s suit was not......peals by leave are from the judgment and order dated 16.08.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 455 of 1981 making the Rule absolute. 2. Short facts are that the plaintiff instiÂtuted Title Suit No. 34 of 1970 in the 2nd Court of Subordinate Judge(now j...... December 8, 2005. Result: The appeals are dismissed. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 92 Once a property becomes property of the deity, which is immortal and it continues to be a property of the deity for all times to come. Even if a particular ima..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....tle Appeal No.699 of 1999. During pendency of the appeal the Opposite Party Nos.4-16 submitted an application in the appeal for adding them parties claiming then to be purchaser in 31½ decimal of land out of the suit land. 3. The plaintiff contested the said application by filing Written O....... Momtazuddin Ahmed - For the Opposite Parties. Civil Revision No.178 of 2004. Judgment Shahidul Islam J.- This Rule is directed against the Judgment and order dated 22.7.2003 passed by the learned Additional District Judge, 3 Court, Dhaka, in title Appeal No.699 of 1999 all......e learned Additional District Judge, 3 Court, Dhaka, in title Appeal No.699 of 1999 allowing an application for addition of the parties. 2. Short facts necessary for disposal of the Rule are that the Opposite Parties as plaintiff instituted Title Suit No.181 of 1997 in the Court of learned ......91. ..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......ision (Civil Appellate Jurisdiction) Present: Khondker Musa Khaled J Moyeenul Islam Chowdhury J State………………………………..Respondent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2005. Result: ......soner Maku Rabi Das, on his conviction and sentence under section 302 of the Penal Code by the Impugned judgment and order dated 9-9-2003 passed in Sessions Case No. 57 of 2002 arising out of Chunarughat Police Station Case No. 30 dated 31-10-2001. The condemned prisoner has also preferred Jail Appe......p; Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211; State Vs. Rokeya Begum and another, 13 BLT 377 = 10 BLC 687. Lawyers Involved: Fazilatun Nessa, Deputy Attorney-General with Nasreen Akhter, Assistant Attorney-General and Abdul Malek, Assistant Attorney-Ge..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
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