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Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... Dr. Md. Asadullah by a registered deed of Settlement No. 4811 dated 23-5-1962 for 99 years by the then Government of East Pakistan with permission to construct houses thereon. The said allottee took possession of the land and constructed houses thereon and lived there and paid the entire premium of......thout any lawful, authority and is of no legal effect or such other or further order or orders passed as to this court may seem fit and proper. 2. The case of the petitioner, in brief, is that the land measuring 1.31 square yards situated in the District of Dhaka, Police Station Old Tejgaon, now ......ty to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ...... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ..Category: Property Law | Date: | Hits: 37
Kashem Vs. State, 2001, 30 CLC (HCD)
....y No. 633(7) 93, he went to the house of accused Abdul Kashem. He went on to state that on interrogation accused Kashem confessed that he has a country-made pipegun and one round of ammunition in his possession, following which the accused appellant himself brought out a country-made pipegun and one......lessness and paradoxical obscurities, we cannot take too rigid a view regarding the provisions of section 103 of the Code of Criminal Procedure, else we must be ready to swallow countless absurdities landing us in the wonderland. We must not be oblivious of the fact that procedural laws are enacted ......pecial Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......l seizure list witnesses. In the instant case, the defence even did not suggest that SI Raisuddin had any motive for falsely implicating the accused in the case. Realities, therefore, demand that the question of support of the prosecution case by the unassuming somersaulting local seizure list witne..Category: Criminal Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
....No. 122 of 1976, which was subsequently renumbered as Title Suit No. 432 of 1982, for permanent injunction restraining the defendants opposite parties permanently from interfering with the plaintiffs possession in the property. 3. The suit was eventually decreed on contest and the said decree has...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ...... another…………………………………….Opposite Parties Judgment March 23, 1999. Cases Referred To- Safar Ali Miah and others Vs. Badsha @ Siddique and others 45 DLR 483; Manindra Nath Panal Vs. Ahmed and others, 1967 PLD (Dhaka) 621. Lawyers Involved: Garib Newaz, Ad......esaid application under Order 21 rule 32(1) of the Code of Civil Procedure contending inter alia that they have been in continuous possession in the suit property since before and as such there is no question of disobedience of the decree. It was also contended that the plaintiff petitioner has alre..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......eedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......asis of an order of Police Commissioner, Khulna Metropolitan Police. It is also true that the present petitioner was shown as an accused for the first time in this supplementary charge-sheet, So, the questions before us is whether further investigation held on the order of a superior Police officer ..Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......ry steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......suicide, rather she was murdered in a calculated way by torture through beating and the evidence of P.W.2 proved the same and there is no doubt about it she was killed by beating. 23. Now the moot question is, who is liable for murder. The fact and evidence of the case show that Joynab Banu was f..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......pant and teeth were identified to be of victim Salma by her mother PW 1, father PW 2, uncle PW 3, Aunt PW 19 and paternal grandfather PW 20. Photographer took photos of the place of occurrence, paddy land including the skeleton and wearing apparels of victim Salma. Photographs had been marked as Mat...... Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......ored. On a careful analysis of the evidence of PW 1 and PW 2 no contradiction and material discrepancy appeared to have occurred. Moreover, Investigating Officer PW 23 recorded GD Entry and, thus, no question of contradiction in the statement of PW 2 with the statement of PW 23 could at all arise. F..Category: Criminal Law | Date: | Hits: 82
....ment and wrongly placed importance to the handing over of the keys of the Akhra by Rekha Rani Devi wife, of the first party opposite party to receiver without giving any importance to the evidence of possession on record and, as such, the impugned judgment is liable to be set aside.
4. Learned Ad...... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
......ts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
...... possession on record and, as such, the impugned judgment is liable to be set aside.
4. Learned Advocate for the opposite party No.1 submitted that as the learned Magistrate gave importance to the question of appointment of Mohanta without giving importance to the oral and documentary evidence of..
Category: Criminal Law | Date: | Hits: 32
Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)
....ions. 7. We have perused the grounds of detention (Annexure-B). It is stated there in lump in paragraph 1 that the detenu is a leader of terrorist group, a man of dangerous character and he is in possession of unauthorised arms and he is in the habit of abduction, secret killing, extortion, real......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......l and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......e, time or date of any overt act allegedly committed by the detenu nor admittedly any criminal case have been filed for those alleged acts and, as such, we hold that mere filing of General Diaries in question does not come within the purview of section 3(2) of the Special Powers Act. Further, the su..Category: Criminal Law | Date: | Hits: 44
....in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......ce is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......axes Appellate Tribunal and the Tribunal after hearing the parties rejected the appeal and confirmed the appellate order and, as such, this reference has been filed by the applicant for answer of the question which has been formulated in the following terms:
“That in the facts and in the circum..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ment in the name of the two brothers but Firoz took hukumnama in his name alone. Firoz also directed to record SA Khatian in the name of Abu Sufian in respect of half portion of the suit land. As per possession RS khatian has been published in the name of two brothers with regard to the suit land. T......d 22-1-1998 and 11-2-1998 respectively passed by the Senior Assistant Judge, Narshingdi in Title Suit No. 64 of 1996. 2. Jagadish Chandra and Ramesh Chandra gave a permanent settlement of the suit land to Firoz Bhuiyan by hukumnama dated 10th Kartick, 1344 BS and father of the defendant Nos. 1-9 ......d. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......to the finding that the recipient is only Firoz and his name appears in the hukumnama and furthermore, the same was affirmed by the signature of Abu Sufian as witness. The learned Judge discussed the question of possession. PW 1 has stated that they are in possession of the suit land by inheritance...Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......2, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......nce Application Nos. 27 to 32 & 34 to 36 of 1992). Reference Application Nos. 222, 223, 224 & 225 of 1991 and Nos. 27-32 & 34-36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references they were heard together and are being disposed ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ncluding Jamina Khatoon who became the owner of the suit land along with other land measuring 8.12 acres of land according to legal shares. Jamina Khatoon daughter of late Abdul Majid became owner in possession of the suit land along with other land by amicable partition and while in possession Jami......n the Court of Assistant Judge, Shahara Upazilla stating, inter alia, that Abdul Majid the original owner died leaving 3 sons and 4 daughters including Jamina Khatoon who became the owner of the suit land along with other land measuring 8.12 acres of land according to legal shares. Jamina Khatoon da......d. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......ale of controversy that a suit must be tried in all its stages on the cause of action that had arisen before the institution of the suit. This basic principle cannot be ignored in the decision of the question whether a suit should be decreed or not. However, Courts are not precluded from taking cogn..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......lant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......f the supplier in which case nobody could have suffered any loss for, inasmuch as the duty for importing finishing agent has already been paid by the appellant to the customs authority. 5. Now the question which falls for our termination is whether the customs authority was at all justified in in..Category: Fiscal/Taxation Law | Date: | Hits: 70
Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)
....ord and the impugned judgment and decree." 5. In a suit for partition usually some of the co-sharers hold excessive land than that of their actual share and the co-sharer who holds minimum land in possession comes before the Court with a suit for partition. 6. It is not unusual that at the tim...... report, objection filed by the defendant against the report, the evidence on record and the impugned judgment and decree." 5. In a suit for partition usually some of the co-sharers hold excessive land than that of their actual share and the co-sharer who holds minimum land in possession comes be......tion is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ..Category: Property Law | Date: | Hits: 31
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......27.00 lacs. Pursuant to the said tender notice the petitioner participated for obtaining lease of the residential plot being No. NE (O)-4 situated at Road No.90, Gulshan, Dhaka having a total area of land (more or less) 26.09 kathas. The petitioner deposited Tk.21 lacs by way of earnest money as per...... which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431...Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....ged to have been executed by the plaintiff and his uncle Khirode Chandra Bhowmick in favour of defendant No.1 is false, fraudulent, collusive, void, fabricated etc. and also for confirmation of possession of the plaintiff in the suit properties and also for permanent injunction. The contesting......s and Bronchial Asthma for the last two months and he is bed ridden, but the plaintiff O.P. personally appeared before the learned A.D.C. (Rev.), Comilla on 9.7.84 and deposed in a case of the suit land which clearly proves that be was not actually so ill in the manner stated in the petition of ...... absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......n under Order 47, rule 1 of the Code of Civil Procedure for review of this order of appointment of Advocate Commissioner for recording his evidence. 9. Both the parties admitted this fact. Now the question before this Court at this stage is whether the learned Munsif and also the learned District..Category: Procedural Law | Date: | Hits: 95
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ...... under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......The case against appellant No. 2 Nurul Huq is that he made a confessional statement Ext. 2 which was recorded by P.W. 7 Akhter Hossain Mia and in which he clearly implicated himself in the dacoity in question. The confession Ext. 2 is inculpatory not exculpatory. It has been urged by Mr. S.M.A. Ma..Category: Criminal Law | Date: | Hits: 49
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. .......I.R. lodged on 19.11.67 at 17-00 hours by informant, Kashem Ali Jamader with Kathalia police station in short, is that on 16th November, 1976 accused Ezahar Sepai reaped away paddy from a portion of land belonging to the informant, and he went to Bhandaria 17.11.76 to inform Dewar Bepari and Abdul ......ant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ..Category: Criminal Law | Date: | Hits: 93
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....y the client transgresses upon any such interest held by the client. In the present case the bank's interest in the suit property under attachment is total. It has an interest in the right, title and possession of the suit properly. Upon his own admission the appellant sought to create a title in ......suring 10 acre, the appellant being the engaged lawyer of the bank and knowing full well that the above-mentioned property was the subject matter of the aforesaid execution case, purchased the said land in his own name and in the name of his wife and children and also in the benami of his cousin D......Pubali Bank, Jamalpur..............Respondent Judgment March 30, 1988. Lawyers Involved: Fazlul Karim, Advocate, with A.K.M. Nurunnabi Khan, Advocate - For the Appellant. ATM Monwaruddin, Advocate, with Shirin Nahar, Advocate - For the Respondent No. 1. B. Hossain, Advocate - For ......n period failing which the matter would be referred to the Bar Council for professional misconduct. The appellant received the notice, but did not reply. The bank has been affected by the purchase in question. The complainant prayed that suitable action be taken against the appellant for gross profe..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......1.64 in the 5lh Court of Subordinate Judge, Dhaka. 3. The plaintiff Nos. 1 and 2 are the sons and the plaintiff No. 3 is the daughter of Hosen Banu, through whom the plaintiffs claim the partible land. Hosen Banu's father Nazir Sheikh was the owner of the partible lands appertaining to khatian N......os. 1-3. Miah Abdul Gafur - For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A.......d procured some papers. There is absolutely no averment and no material either to show that the petitioners exercised due diligence at the time of trial and appeal to trace out those documents. The question of exercising due diligence also does not arise, because what the petitioners now seek to p..Category: Property Law | Date: | Hits: 29
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