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Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
.... the plaintiff-appellants having no share in the suit land, the impugned judgment and decree dismissing the suit by the High Court Division has caused a disentitlement to the plaintiff-petitioner's right, title and interest in the suit land. 6. We have heard Mr. AJ Mohammad Ali, the lear......udgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of competent jurisdiction and if his claim is proved h......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......im any share in the suit land during the lifetime of Mukti Miah. The defendant No. 1 also prayed for the allotment of a separate saham in respect of his share in the suit property. 4. The trial Court by judgment and decree dated 26-6-1993 decreed the suit in preliminary form and allotte..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ...... the Petitioner. Shamim Khaled, Advocate instructed by Abu Siddique, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent No. 1. Civil Petition for Leave to Appeal No. 1407 of 2004. (From the judgment and order dated 18-2-2004 passed b......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......a 6,50,30,034.18 to be paid within 90 days with interest @ 14% from 1-4-1997. The defendant filed an application under section 151 of the Code of Civil Procedure against the ex-parte decree but the trial Court by order dated 7-7-1999 rejected the same on the ground that there was alternative reme..Category: Civil Law | Date: | Hits: 115
Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
....rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......etition is dismissed. Lawyers Involved: Syed Ziaul Karim, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No.151 of 2001. (From the judgment and order dated 4th July,2001 passed by th......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......the petitioner and subsequently the petitioner was granted bail. It is further stated that the charge under Section 420 of the Penal Code was framed against the petitioner and the case is pending for trial and in the meantime 4 (four) witnesses have been examined. 3. Challenging the aforesaid pro..Category: Criminal Law | Date: | Hits: 92
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....en, into the hut of the deceased and under the order of Abdus Samad Mondal, accused Abdul Kader dealt dao blows on the nose and face of the deceased, accused Hasen Ali dealt a blow by a dagger in the right side of the chest of the deceased, accused Sayeduzzaman dealt a blow by a dagger in the left s......l Kader alias Kada, Hasen Ali, Dudu alias Duda Mondal, Mafizuddin alias Chan, Sayeduzzaman and Abdur Rahman, under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life. The learned Sessions Judge by the same judgment acquitted accused Abdus Samad Mondal of th......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......the Penal Code. 8. In due course records were sent to the Court of Sessions Judge, Jamalpur and thereupon Session Case No. 58 of 1990 was registered. 9. The accused persons in all 7 were put on trial and they were called upon to answer the charge under section 302 read with section 34 of the P..Category: Criminal Law | Date: | Hits: 44
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
.... expert who submitted report to the effect that those thumb impression in deed and other thumb impression given on papers forwarded by Court are same, so the question of execution of sale deed was rightly presumed and proved but plaintiff filed objection against that report dated 13.06.2000 whic...... Y. Ahmed Ali Sardar, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record-For the Petitioners Mahmuda Begum, Advocate-on-Record-For the Respondent Civil Petition for Leave to Appeal No. 1432 Of 2004 (From the judgment and order dated the 17th July, 2004......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......Judge, 2nd Court, Narayangonj, after hearing the parties decreed the suit on 31.12.2002 in favour of the plaintiff and directed the plaintiff to file a petition for recovery of khas possession. The trial Court accordingly gave possession to plaintiff in an execution case and the defendant prefer..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... registered saf-kabala for it from the Court on 17.12.1981 in the Execution Case No.63 of 1979. By family arrangements, Laxmi Narayan Shaha got the suit land alone and while he was in enjoyment of right, title and possession, transferred it in his favour by way of Ewaj-Badal under a registered d......p; Not represented- For the Respondent Nos. 2-6 Civil Petition for Leave to Appeal No. 1427 of 2005 From the judgment and order dated the 26th J...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ...... title and possession of the suit land. 4. Syed Mahbubar Rahman, learned Advocate, appearing for the petitioner submits that the High Court Division failed to appreciate the findings of the trial Court that plaintiff could not prove his possession in suit property since his alleged purcha..Category: Property Law | Date: | Hits: 51
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
.... a sword in his hand and other accused persons namely Mohir, Abdus Sobhan alias Sohrab, Shikha and Jharna with lathis in their hands surrounded them. Accused Joynal Fakir dealt a dagger blow on the right side of the chest of her husband Jamal Uddin and accused Babu gave a Ramdao blow to Jamal Ud...... Abdur Rouf, Deputy Attorney General. Instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner Not represented- Respondents Criminal Petition for Leave to Appeal No. 59 of 2005. (From the judgment and order dated 28.06.2004 passed by ......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......rajganj Sadar Hospital for treatment. Thereafter, P.W.1 went to the police station and lodged F.I.R. 3. Police on completion of investigation submitted charge sheet in the case. During trial the accused persons were charged under sections 302/34 of the Penal Code. In addition, accus..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....gard to the facts and circumstances of the case and in view of the materials on record, we are of the view that the learned Judges of the High Court Division upon applying their judicial mind rightly passed the impugned judgment and there is no illegality or legal infirmity to warrant our i......Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner Not represented- For the Respondent Criminal Petition for Leave to Appeal No. 81 of 2001. (From the judgment and order dated 29- 3-2001 passed by......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......inal Appeal No.2625 of 2000 arising out of Nari-O-Shishu Case No. 5 of 1999 corresponding of Pallabi Police Station Case No. 46 dated 28-8-1998 as well as G.R. Case No.2548 of 1998 now pending for trial in the Court of learned Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Dhaka. 2. The pro..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....dul Islam and his wife Gulshan Begum during survey under the State Acquisition and Tenancy Act, 1950 in plot Nos.298/302 and 298/303 appertaining to S.A. Khatian Nos.196 and 197. Such record of rights published sometime in 1964. On the basis of such record of right the plaintiff possessed th......hman, Advocate-on-Record- For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent. Not represented-Nos. 9-21. Civil Petition for Leave to Appeal No. 855 of 2004 (From the judgment and order dated 20.04.2004 passed by the H......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......e the High Court Division against the judgment and decree dated 29.11.2001 and the High Court Division by the impugned judgment and order dismissed the appeal affirming the judgment and decree of the trial court and also held that having full knowledge that exhibit-Kha-dated 31.05.1917 was a forged ..Category: Property Law | Date: | Hits: 75
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......sp; Not represented- Respondent Nos. 2-11 Civil Petition for Leave to Appeal No. 370 of 2002. (From the judgment and order dated 03.12.2001 passed by...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... possession of the suit land on payment of rent to the ex-landlord and subsequently to Government. The S.A. Khatian was correctly prepared in his name. So, the suit was liable to be dismissed. The trial court on consideration of both documentary and oral evidence adduced by the parties decreed t..Category: Property Law | Date: | Hits: 39
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
....r declaration of title and also for recovery of possession in part by amendment of plaint, stating to the effect, that one Kasum Bhuiyan held the disputed land measuring .09 acres in Chandina Jote right under the Court of Wards on behalf of one Amullya Chandra Roy Chowdhury and others, the ex-la......er dated 26m April, 2004 passed by this Division in Civil Appeal No.21 of 1999. 2. The petitioners as plaintiffs filed Other Class Suit No.593 of 1984 in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by amendment of plaint, stati...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......ement denying the material allegation of the plaintiffs. The main contention of the Government was that the suit land formed part of Shahidpur Bazar, which belonged to the Government. 4. The trial Court decreed the suit and against which the appeal was preferred by the Government and the a..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....nsferee, and, in their Lordships' opinion, it is clearly for the transferee to establish the circumstances which, will allow him to retain the benefit of transfer which prima facie he had no right to get. Further, the subsequent transferee is the person within whose knowledge the facts ......ading, misconstruction or misappropriation of evidence on record. …………….(19 and 20) The Specific Relief Act, 1877 (I of 1877), Section 27 In a suit for specific performance of contract the onus lies heavily on the person whose title arises subsequ...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......e defendants in the suit land was not proved. On appeal, the learned Additional District Judge Bagerhat, after hearing, dismissed the appeal on affirming all the findings of fact arrived at by the trial Court and with further findings that the witnesses Nos. 2, 3 and 4 for the defendant Nos. 3-4..Category: Property Law | Date: | Hits: 41
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ch relates only to the Civil Court's jurisdiction to entertain the suit itself. 3. Mr. S.R. Pal, learned counsel for the appellant, contends that participation in election not being a common law right but being a right created by a special statute which also provides for the remedy to an aggrie......lection can be raised at any intermediate stage, but it may be raised only after conclusion of the whole election process. This means that Civil Court's jurisdiction is impliedly excluded; it is therefore clear that the learned Single Judge wrongly held the suit to be maintainable. The election held......able a few days later. The Election Commission's power to give the direction has not been challenged, nor can it be, in view of its general power of conducting, supervising and holding elections in fair and proper manner. The uncontested election having been declared in disregard to the Election......s office as Chairman of the Union Parishad on 16 November 1989. The appellant, however, challenged the High Court Division's order (dated 6 August 1989 in Civil Revision No. 196 of 1988) by which the trial Court's injunction was upheld, by filing a leave petition on which we granted leave to conside..Category: Election Law | Date: | Hits: 173
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......his death or circumstances leading to his death is substantive evidence under s.32(1) of the Evidence Act, and if by careful examination it is found to be reliable, then it may by itself be the basis for conviction even without corroboration. A dying declaration may be recorded by any person who is ......The prosecution case centres round her death which resulted from multiple acid-burn injuries, allegedly caused by appellant Nurjahan Begum. Allegation against her is that she had suspected some affairs between her husband and the Aya, Mahmuda and out of that grudge she sprayed carbolic acid up...... Officer, on consideration of the report of the autopsy held on the dead body of Mahmuda and other facts and circumstances of the case submitted charge sheet against the appellant who was then put on trial under s. 326 of the Penal Code for voluntarily causing grievous hurt. She pleaded not guilty t..Category: Criminal Law | Date: | Hits: 50
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....ee. The decree to be executed is the decree of the trial court, and when the appeal is decided, one of the two parties has to inform the Court as to what has happened in the appeal, so that the rights of the parties as determined by the higher court may be enforced. If the effect of the deci......the Rule absolute. 2. Short facts are that the predecessors of the plaintiffs instituted Title Suit No. 73 of 1976 in the 1st Court of Subordinate Judge (now Joint District Judge), Comilla for declaration of title and for recovery of khas possession. The suit was decreed on contest on 30......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......ecree after evicting the trespasser defendants therefrom. The judgment-debtor then filed 1st Appeal No.20 of 1981 before the High Court Division and by the judgment and decree dated 07.07.1996 the trial court's decree was modified. The judgment-debtor filed Civil Petition for Leave to Appeal No...Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
..... 4. When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay. 5. There is no presumption t...... (2001) 6 MLR (AD) 1. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner Not represented- Respondents Civil Petition for Leave to Appeal No. 1325 of 2004. (From the Judgment and Order dated June 16, 2004 passed by ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......ntitled to retain the property in suit and to get his name mutated in respect of the said property, that the lessee did not pay second, third and fourth instalments. 4. As stated hereinbefore the trial Court decreed the suit. As against the decree of the trial Court one of the defendants i.e. Se..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....it that they were inducted into the suit land by Sadanada Ghose and they paid rent to him and after his death paid rent to Shaibalini Ghose, his wife, until August 1984. The High Court Division has rightly found that the plaintiff's annoy dispute the title of Sadananda Ghose and his heirs under s......; A.T.M. Afzal CJ.- Plaintiff -appellants of Civil Appeal No. 48 of 1995 filed other Suit No.168 of 1985 against the defendant-respondents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmati....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......it was not maintainable and therefore refused to enter into the question of merit of the case on the basis of which the plaintiffs' suit was dismissed and the S.C.C. suits were decreed by the trial Court with costs. 10. It was argued on behalf of the plaintiff- appellants in the..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ......udge of the High Court Division discharging the Rule in Civil Revision No. 8035 of 1991. 2. The plaintiffs instituted O.C. Suit No.116 of 1985 in the Court of the Subordinate Judge, Jamalpur for a declaration that the decree dated 9.1.84 passed in O. C. Suit No. 271 of 1982 of the sai......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ......lorem Court fee is required to be paid by the plaintiff, and that the learned Subordinate Judge was not clear in her conception as to the said distinction. So saying the judgment and decree of the trial Court were set aside "being conceptually erroneous and wrong" and the appeal was al..Category: Civil Law | Date: | Hits: 103
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ...... Lawyers Involved: A. F. M. Mesbahuddin, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on- Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 137 of 2003 (From the Judgment and Order dated 9.04.2003 passed by ......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......e sheet against the petitioner Md. Wasim Mia and Md. Wafiz Mia (since acquitted) under Section 7/9(1) 730 of Nari-O-Nirjaton Damon Ain, 2000, in short, the Act. The case thereafter being sent for trial, the Trial Court framed charge against the accused under Section 9(1) read with Section 30 of..Category: Criminal Law | Date: | Hits: 57
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ...... Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-Petitioner. Not represented-Respondent. Criminal Petition for leave to Appeal No. 362 of 2005 (From the Judgment and Order dated 21.06.2005 passed by......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ...... Bhabaranjan lodged FIR with Tala Police Station on the basis of which a case was started and the police after investigation submitted charge sheet against the accused petitioner and others. During trial they were charged under Sections 302/34 of the Penal Code to which they pleaded not guilty an..Category: Criminal Law | Date: | Hits: 52
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