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....
(Civil Revisional Jurisdiction)
Present:
Mohammad Ullah J
Nozrul Islam Chowdhury J
Ranju Chandra Das………………Petitioner
Vs.
Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha.........Opposite Party
Judgment
......
(Civil Revisional Jurisdiction)
Present:
Mohammad Ullah J
Nozrul Islam Chowdhury J
Ranju Chandra Das………………Petitioner
Vs.
Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha.........Opposite Party
Judgment
......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....longed to one Avoy Sajwal, Kami Sajwal and Gopal Sajwal in equal shares. 1.59 acres of land of entire CS plot No.273 of CS Khatian No.4 of the said Mouza belonged to one Harachandra, Durgacharari and Sreecharan Sajwal in equal share. 2.13 acres of land of plot No.274 in CS Khatian No.35 of the said ......longed to one Avoy Sajwal, Kami Sajwal and Gopal Sajwal in equal shares. 1.59 acres of land of entire CS plot No.273 of CS Khatian No.4 of the said Mouza belonged to one Harachandra, Durgacharari and Sreecharan Sajwal in equal share. 2.13 acres of land of plot No.274 in CS Khatian No.35 of the said ...... gandas share each. The land measuring 9.28 acres of CS plot Nos.142, 143,144,145,146,147,148 & 149 in CS Khatian No.93 originally belonged to one Fadu Sajwal in 5 annas 2 karas 2 kerantis share, Ram Charan Sajwal, Adhar Chand Sajwal along with Jagabandhu Barik each in 2 annas 13 gandas 1 kara 1......m Doyal being the owner of 5 annas 6 gandas 2 karas 2 kerantis share died leaving behind 2 sons Sumon and Dhirari. On the death of Sumon Sawjal his share devolved upon his only son the plaintiff No.6 Krishna Kanta and on the death of Dhiran his share devolved upon his 2 sons the plaintiff Nos.7 and ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......ernment of Bangladesh, 61 DLR 64714 BLD (AD), 196 = 46 DLR (AD) 174, Kalepada Shaha Vs. State, 37 DLR (AD) 135;Delowar Ali Khan Vs. Sajadul Hague, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union o......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
.... proforma defendant respectively. The plaintiffs' case, in short, is that long before the settlement operation, the villagers of Gandina Hindu Community established a temple and set up the image of Sree Sree Shashan Kalimata and had been performing religious rites. During settlement operation, so...... proforma defendant respectively. The plaintiffs' case, in short, is that long before the settlement operation, the villagers of Gandina Hindu Community established a temple and set up the image of Sree Sree Shashan Kalimata and had been performing religious rites. During settlement operation, so......ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ......ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ...... Bangladesh Bar Council for disposal. 3. The case of the complainant-appellant in brief is that his father was an Advocate and that he and his brothers have been in possession of the property of Ramnagar Mauza along with different properties by way of inheritance. Objection Case No.235 of 1997 ...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ...... Jute Mills Ltd. Vs. Agrani Bank, 14 BLD (AD) 196 = 46 DLR (AD) 174; Kalepada Shaha Vs. State, 37 DLR (AD) 135; Delowar AM Khan Vs. Sajadul Haque, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. ......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......n his favour by way of renewal and enhancement on 4-3-1998. As security of the said loan borrower Gokul Chandra Roy arid his brother Birendra Nath Roy mortgaged their property with the Bank and Binoy Krishna Roy also mortgaged his property as third party guarantor of the said loan. As per terms and ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......€¦â€¦.(21) Cases Referred to- Supreme Court of India in Gurucharan Singh Vs. State of Punjab, AIR 1956,SC 460; State of UP Vs. Sughar Singh, AIR 1978 SC 191; State of Uttar Pradesh Vs. Ram Kishun, AIR 1976 SC 2304. Lawyers Involved: Mahbubey Alam, Attorney General, instru......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......e.………………………..(21) Cases Referred to- Gurucharan Singh Vs. State of Punjab, AIR 1956,SC 460; State of U.P. Vs. Sughar Singh, AIR 1978 SC 191;State of Uttar Pradesh Vs. Ram. Kishun, AIR 1976 SC 2304. Lawyers Involved: Mahbubey Alam, Attorney General, instruc...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....; Safder Ali Vs. Crown 5 DLR (FC) 107; Monsur Ali Vs. The State 13 BLC 196.; State Vs. Badsha Molla, 41 DLR 11; State Vs. Mofijuddin 4 BLD-481, 10 BLC-93; State Vs. Lalu Mia 39 DLR(AD) 117; State Vs. Sree Ranjit Kumer Pramanik 45 DLR 660; Ali Vs. Crown 6 DLR(W.R) 52; Rahman Vs. The State of U.P. AIR......; Safder Ali Vs. Crown 5 DLR (FC) 107; Monsur Ali Vs. The State 13 BLC 196.; State Vs. Badsha Molla, 41 DLR 11; State Vs. Mofijuddin 4 BLD-481, 10 BLC-93; State Vs. Lalu Mia 39 DLR(AD) 117; State Vs. Sree Ranjit Kumer Pramanik 45 DLR 660; Ali Vs. Crown 6 DLR(W.R) 52; Rahman Vs. The State of U.P. AIR......ul WahabKarigor (since deceased) elder son of Md. Karam Ali Karigor (P.W.1) of village Hasanpur, P.S. Mehendigonj, District Barisal aged about 30/32 years, before 7/8 years went to village North Char Ramani Mohon, of Police Station and District Lakshmipur for employment as agricultural worker on the......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......ate, 1985 BLD (AD) 301; Allah Ditta (Supra), 11 DLR (SC) 38; Hasen All Vs. State, 38 DLR 235; Chandmal Vs. State of Rajasthan, AIR1976 SC 917; Gambhir Vs. State of Maharashtra, AIR 1982 SC 1157; Kali Ram Vs. State of HP, AIR 1973 SC 2773; Maqbool Hossain Vs. State, 12 DLR (SC) 217, State Vs. Fazu Ka......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ...... land through bargadar and he continued possession for more than 12 years. It is the further case of the defendant that the plaintiff is his full maternal uncle. The plaintiff's brother Hori Krishna Mondal and the plaintiff used to live in a joint mess till the liberation war was taken plac..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......s 226/227 of the Constitution of India is not available if an efficacious alternative remedy is available to any aggrieved person. (See Sadhana Lodh Vs. National Insurance Co. Ltd., Surya Dev Rai Vs. Ram Chander Rai and SBI Vs. Allied Chemical Laboratories.)" 30. Our Appellate Division in ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....jutangsha of land. The CS recorded owners paid rents and taxes of land in question to the concerned authority in time and enjoyed the same peacefully to the knowledge of all. Predecessor of plaintiff Sreemati Sarnalata Dey wife of, Srejukta Dinehs Chandra Dey became owner and possessor of the suit l......jutangsha of land. The CS recorded owners paid rents and taxes of land in question to the concerned authority in time and enjoyed the same peacefully to the knowledge of all. Predecessor of plaintiff Sreemati Sarnalata Dey wife of, Srejukta Dinehs Chandra Dey became owner and possessor of the suit l......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......suit property with further prayer of confirmation of possession. 3. It is plaint case that suit land originally belongs to Amol Sing Bahadur, Sib Krishana Sing Bahadur, sons of late Maharaj Pran Krishna Sing Bahadur, Maharaj Kumod Krishna, Nirod Chandra Sing, Nogendra Chandra Sing and Dijendra ..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......D (AD) 104, S.P. Gupta Vs Union of India, AIR 1982 SC 149, India Vs Sankal Chand Himatlal, AIR 1977 S.C. 2328, S.C. Advocates-on-record Vs Union of India, AIR 1994 SC page 268, 47 DLR (AD) 111, Raja Rampal Vs. Hon’ble Speaker, Lokshava, (2007) 3 SCC 184, Bachan Singh Vs. Union of India (1983) 3 S......gnoring the constitutional provisions and Rules of Procedure may affect the independence of Judiciary. Independency of Judiciary is the sine qua non of modern democracy. The eloquent words of Justice Krishna Ayer in this regard are: Independence of the Judiciary is not genuflexion; nor is it opposit..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
....of section 14 of the Limitation Act for condonation of delay consumed due to wrong advise of his lawyer...............................(4) Cases Referred to- Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja, 20 BLT (AD) 47; Debabaria Chatterjee Vs. Md. Munsur Ali, 36 DLR 136......of section 14 of the Limitation Act for condonation of delay consumed due to wrong advise of his lawyer...............................(4) Cases Referred to- Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja, 20 BLT (AD) 47; Debabaria Chatterjee Vs. Md. Munsur Ali, 36 DLR 136...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
....is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
......is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
......is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
......is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... of breaking the collapsible gate his old mother raised alarming cry when the informant saw that about 6 unknown dacoits inside their dwelling house and they were carrying deadly weapons like Pistol, Ram Dao and Chenicr. The dacoits, by putting the inmates of the house into the fear of life, had loo...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......ession in respect of 9.73 acres of land by removing structures therefrom and for recovery of mesne profit. 3. The case of the plaintiffs, in short, is that there was a Niskor Lakhiraj in the name of Ram Raton Sur under Bhulua Zamindari withÂin Tauzi No.5 of Noakhali Collectorate. The owner of the ......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
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