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Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ...... 2006. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 205 of 2003 (From the Judgment and Order dated 02.07.2003 passed by......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......e Penal Code. After investigation charge sheet was submitted against the petitioner and three others under Sections 406/468/468/471/109 of the Penal Code on 16.05.1999. The case being sent for trial the learned Metropolitan magistrate heard the parties and by order dated 20.01.2002 fram..Category: Criminal Law | Date: | Hits: 57
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ...... Lawyers Involved: Kazi Shahadat Hossain. Senior Advocate, instructed by Md. Nawab AH, Advocate-on-Record- For the Petitioner. Not represented-Respondent. Criminal Petition for leave to Appeal No. 52 of 2004 (From the Judgment and Order dated 19.11.2003 passed by t...... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ......roduced before the court and has been in custody since then and that the case being transferred to Nari-O-Shishu Nirjatan Daman Bishesh Adalat the said court took cognizance and the trial of the case started. The prosecution already examined one witness and the Tribunal summo..Category: Criminal Law | Date: | Hits: 41
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....memo as the Revenue Authorities are bound by a higher authority than the memo of the Government, namely, the judgment of the High Court Division. The learned Single Judge of the High Court Division rightly held that the orders dated 21.10.79 and 22.5.82 are not legal and proper. The learned Sing...... settlement of the land described in schedule-Ka to the plaint in Settlement Case No.242 of 1962-63 and the same was recorded in his name in Khatian No. 646.This settlement was necessary for the purpose of his duty as shebayet of the deity kali installed in a temple upon the adjoining ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......mpugned orders dated 21 October 1979 and 22 May 1982 were illegal. Consequently he decreed the suit. 5. Defendant No.6 preferred an appeal and the appellate court set aside the decree of the trial court holding that the plaintiff acquired no title to the disputed land on the basis of his ..Category: Property Law | Date: | Hits: 35
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......ide the judgment and decree dated 28-7-90 passed by the learned S.C.C. Judge and Senior Assistant Judge, 1st Court, Dhaka in S.C.C. Suit No. 160 of 1985 in which the trial Court dismissed the suit for eviction of the appellant from the suit premises. 2. The suit was filed by the plain......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......the Rule absolute and setting aside the judgment and decree dated 28-7-90 passed by the learned S.C.C. Judge and Senior Assistant Judge, 1st Court, Dhaka in S.C.C. Suit No. 160 of 1985 in which the trial Court dismissed the suit for eviction of the appellant from the suit premises. 2...Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....t survey the land in suit instead of being recorded in the name of the plaintiffs or their predecessor was wrongly recorded in the name of the Government in khas khatian No.1 though Government has no right, title and possession in the land in suit and that as the preparation of wrong record havi......bdus Sobhan who died leaving wife plaintiff No. 9, three sons, plaintiff Nos.10-12 and two daughters, plaintiff Nos.13 and 14. It is the case of the plaintiffs that they are in possession of the land for more than 12 years on payment of rent and that during the last survey the land in suit instead o...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......uit is liable to be dismissed. It may be mentioned although Government filed written statement but did not examine any witness, but cross-examined the witnesses examined by the plaintiff. 4. The trial Court decreed the suit on the findings that the suit is not barred by limitation and the sam..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....nd Orders and Rule 4(4) of Order 32 of the Code of Civil Procedure and such appointment being illegal and without jurisdiction, the Rule ought to have been made absolute for the protection of rights/ interests of the minors and also for ends of justice; in the case of Bhagoban Das vs. Mahad...... Judgement: Md. Tafazzul Islam J.- The defendants filed this civil petition for leave to appeal challenging the judgment dated 25.2.2004 passed by a Single Bench of the High C......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......the exparte decree contending that not being notified about the filing of the above suit through proper service of summons, they could not appear in the suit and in the above circumstances the trial court on 29.11.89 decreed the suit exparte. The defendant/petitioner, after coming to know ab..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....he facts and circumstances of the case and the evidence on record have held that the suit has been filed to frustrate the claim of preemption of the Respondent No.1 who for the enforcement of right of pre-emption has filed the Miscellaneous Case No. 18 of 1992 and long thereafter the plaint......Court by the judgment and decree dated February 23, 1995 decreed the Title Suit No.32 of 1993 which was filed seeking declaration that the kabala described in the schedule attached to the plaint is forged, fraudulent and void. 2. The suit was filed on September 8, 1993 having been served o...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......ee dated June 29, 1999 of the Court of Additional District Judge, Moulvibazar in Title Appeal No. 54 of 1995 allowing the same and thereupon dismissing the suit being Title Suit No.32 of 1993. The trial Court by the judgment and decree dated February 23, 1995 decreed the Title Suit No.32 of 199..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
.... it either. Be that as it may, the Board was not legally bound to comply with the Government decision and withdraw from the appeal which it had filed against the decree of the trial Court. The right of appeal of the Board was a statutory right and it could not be cut short by any authority. ......89) Judgment: A.T.M.Afzal CJ.- In this appeal by leave by the defendants, the question for consideration is whether the learned Judge of the High Court Division at all acted judicially ......dination and misconduct for which specific charges were brought against him and was place under suspension with effect from 27.7.1983. The explanation submitted by him was not accepted and for fair and impartial enquiry sufficient opportunity was afforded to the plaintiff but he failed to p......e. The authority on careful consideration of the report of the enquiry committee and his past service record found him guilty of the charges and removed him legally from service. 4. The trial Court decreed the suit on 24.8.1986 whereupon the defendant-appellants preferred Title A..Category: Employment/Service Law | Date: | Hits: 73
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......43 of 1992, found guilty under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and accused Sekander Ali Howlader and Abdul Barek Akon were sentenced to rigorous imprisonment for four months and a fine of TK. 5,000/- each in default to rigorous imprisonment for one month mo...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......dence of the Investigating Officer that the accused had deposited TK. 17,500/- in the name of the Samity after the institution of the case. As regards the balance, they produced some papers at the trial showing deposit of the balance amount also. The learned Special Judge said in his judgment: ..Category: Criminal Law | Date: | Hits: 44
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
.... accused petitioner absconded after conclusion of the evidence and remained in abscondence till he was arrested in January 2003. Being in abscondance the accused petitioner deprived himself of the right to prefer appeal on time and we do not find any reason to accept the submission that for......2005. Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 134 of 2003 (From the Judgment and Order dated 04.05.2003 passed by ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......f Comilla and a First Information Report was lodged to the effect by Sub-inspector Jahidul Haque (P.W.I) and that after investigation charge sheet was submitted accordingly. The case being sent for trial, the learned Special Tribunal No.6 and Additional Sessions Judge, Comilla examined witnesses ..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
....to the alleged injury due to the altercation and scuffling between the brothers and under the mandatory provision of section 265(1)(3) of the Code of Criminal Procedure the accused petitioner as of right could require the witnesses and evidence examined after their examination under section 342 ......ion No. 1185 of 2003) Judgment: Mohammad Fazlul Karim J. - This Criminal Petition for Leave to Appeal arises out of judgment and order dated 22.10.2003 passed by the High Court Div...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ..Category: Criminal Law | Date: | Hits: 51
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......Lawyers Involved: Sarwar Ahmed, Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioner. Not represented-For the Respondent. Criminal Petition for leave to Appeal No. 283 of 2004 (From the Judgment and Order dated 12th April 2004 passe......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......nbsp; including the petitioner, as the accused pleaded not guilty and claimed to be tried and where the case was transferred to the Court of Assistant Sessions Judge, Rajbari for trial. 4. Upon trial, the accused were convicted and sentenced as aforesaid whereupon the pe..Category: Criminal Law | Date: | Hits: 23
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....en statement denying the material averments made in the plaint and stating, inter alia, that the defendant is not a monthly ejectable tenant as per the agreement, that he purchased the possessory right of the shop at a consideration of Tk.95,000/- and running medicine business there, that in spi......itional assistant judge, sadar, Gazipur in house rent case No. 1 of 1997 decreeing the same. 2. The suit was filed seeking ejectment of the monthly tenant on the ground of bonafide requirement and for unauthorized activities as well as causing annoyance and disturbance to the other tenants. 3.......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......ent of rent regularly the plaintiff did not grant receipt and thereupon he filed the House Rent case No.1 of 1993 and depositing the rent in the said case, that the house rent case was allowed by the trial Court and as against that plaintiff did not file any appeal, that plaintiffs case of default b..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
....ecord appearing for the respondents opposes the appeal contending, inter-alia, all the properties involved in both the suits are not same nor the issues are common and as such the trial court rightly rejected the application for stay and the High Court Division in its turn discharged the ru......decree of 11th February 1979 obtained in Title Suit No. 225 of 1977 by the defendant petitioner declaring his title and the Title Suit No. 64 of 1992 has been filed by plaintiff respondent Nos.1-6 for khas possession and for eviction of the monthly tenants of the defendant-petitioner. ...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......Advocate-on-Record appearing for the respondents opposes the appeal contending, inter-alia, all the properties involved in both the suits are not same nor the issues are common and as such the trial court rightly rejected the application for stay and the High Court Division in its turn disc..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...........Respondent Judgment July 30, 2006. Cases Referred to- Mohammed Abdul Nairn Vs. the Chairman, Board of Director, Sonali Bank, Head office and others (Civil Petition for Leave to Appeal No. 298 of 1994); Md. Arfan Ali Vs. Sonali Bank and others (Civil Petition for...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... that time he admitted his guilt and the college authority finally having had found the reply given to the show cause notice not satisfactory dismissed the plaintiff from the service. 5. The trial Court decreed the suit on the findings that the allegations brought against the plaintiff do ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....g declaration that the properties described in the schedule attached to the plaint, are properties of the Waqf Estate, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Mazar and oth......e, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Mazar and other donations and also for a direction upon the respondent No. 5 (defendant No.10 in the suit) to hand over cash and kind ......itted that the order of the respondent No.1 dated 22.07.1999 gave rise to a fresh cause of action and the order being an order passed by a person performing functions in connection with the affairs of the Republic, the aggrieved person could seek remedy as against the said order under Artic...... to receive money of Mazar Sharif. 5. The suit of the respondent Nos.3 and 4 was dismissed and the suit of the present appellant and others was decreed. As against the judgments of the trial court respondent Nos. 3 and 4 filed Other Appeal Nos. 31 and 30 of 1994 respectively before t..Category: Trust/Waqf Law | Date: | Hits: 190
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......ment and clearance he received a show cause notice on 24-3-90 issued by the Collector of Customs, Chittagong under section 180 of the customs Act, 1969, shortly the Act; as to why the consignments aforesaid should not be forfeited for violation of sections 16 and 32 of the Act and section 3(......ppellant had annexed in the writ petition to instances of some other cases where chemical examination of the imported consignments were allowed by the Collector of customs in the interest of a fair hearing to the parties proceeded against. 9. From the Collector of Customs Adjudic......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1 (In both the cases) Not Represented-Respondent Nos.2&3 (In both the cases) Civil Petition for leave to Appeal No. 231 and 245 of 2005. (From the Judgment and Order dated 13.12.2004 ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......n Civil Rule Nos. 638 (F) and 639 (F) of 2004 making the rule absolute and direction the petitioners to hand over possession of the suit property to the respondent within 15 days failing which the trial court is to restore immediate possession of the suit property to the respondent by ..Category: Property Law | Date: | Hits: 41
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ...... appeal by leave is directed against the judgment and order dated 5-5-2004 passed by the High Court Division in Death Reference Case No. 9 of 2002 referred by the learned Sessions Judge, Manikgonj for confirmation of death sentence of the petitioner and Jail Appeal No. 128 of 2002 filed by ......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......rted, 3. The police after investigation submitted charge sheet against the condemned-prisoner Mukter Hossain under sections 302/201 of the Penal Code and on receipt of the case record, the trial Court framed charge under the aforesaid sections of the Penal Code but the same could not be ..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....ment to the plaint seeking incorporation by way of an alternative prayer for partition is not considered necessary to resolve the dispute between the parties. The amendment has therefore, been rightly disallowed. 8. From the pleadings of the parties, it is clearly discernible that b......izur Rahman and ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declarati......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......vil Procedure for amendment of the plaint by incorporating a prayer for partition as an alternative to the prayer for eviction and also for addition of two persons as defendants. The trial Court on consideration of the application for amendment rejected the same on contest by order..Category: Property Law | Date: | Hits: 39
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