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Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....after setting aside the judgment and decree dated 29-6-1983 passed by the Second Court of Munsif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. Habibur Rahman Paikar as plainti......) (1999) 54. ......ntiff-petitioner examined 3 witnesses and the contesting defendants examined 3 witnesses and exhibited documents in supports of their respective case. 5. The learned Munsif on consideration of the evidence on record was pleased by this judgment dated 29-6-1983 to dismiss the suit on contest. Agai..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
...., the transfer is valid. The mode by which the possession is delivered to the donee depends upon the nature and character of the property and the question has to be considered keeping in mind all the facts and circumstances of the case. The evidence on record show that the defendant No.3 reared up t...... This Rule was issued under section 115 of the Code of Civil Procedure at the instance of the plaintiff-petitioner calling upon the defendant opposite party No.1, to show cause as to why the judgment and degree dated 1-7-1991 and 8-7-1991 respectively passed by the Subordinate Judge and Commercial C......und title and possession in favour of the plaintiff and decreed the suit. On appeal being Title Appeal No. 169 of 1985, the learned Subordinate Judge and Commercial Court, Khulna, on consideration of evidence on record found, inter alia, that it is Amin Ali Biswas, the father of the miner plaintiff,..Category: Property Law | Date: | Hits: 72
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......al Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......arty to this criminal conspiracy. 4. Khondaker Mahbubuddin Ahmed, learned Advocate appearing for KM Obaidur Rahman, submits that the investigation of the case has failed to collect any material or evidence to establish involvement of the petitioner with the Jail killing. He submits that the Presi..Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....l) and also that he would arrange land for him from his father and with all these allurements the accused persons killed his father. This witness further stated that accused Khaleque stated all these facts before the Magistrate and admitted his guilt. This witness further stated that witness Zakir H...... in: 51 DLR (HCD) (1999) 43.......port goes against the prosecution. (iv) Complainants are 8 brothers and 2 sisters. None of the complainant’s brother came to depose before the Court and they were the competent witnesses to give evidence regarding the fact and withholding of those persons went against prosecution. (v) There ..Category: Criminal Law | Date: | Hits: 42
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......ted by the Deputy Commissioner………………………….Opposite Party Judgment July 26, 1998. Lawyers Involved: Khan Saifur Rahman with Syed Ziaul Karim with Md. Salahuddin Talukdar and Syeda Maimuna Begum, Advocates — For the Petitioner. Mahmud Hossain, Assistant Attorney-Gen......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40...Category: Criminal Law | Date: | Hits: 62
Harun and others Vs. State, 1998, 27 CLC (HCD)
.... of 1998 it has been stated that the accused-petitioner Badsha was the hired killer of co-accused Harun and he voluntarily made a confessional statement before the Metropolitan Magistrate stating all facts as to how they conspired to kill victim Ratan Mia and ultimately killed him on the date of occ......Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......nlarged on bail, the accused petitioner along with other co-accused-petitioners threatened the informant and her sons and the charge-sheet named witnesses not to proceed with the case and not to give evidence in support of the prosecution. It is also stated that the informant made a General Diary wi..Category: Criminal Law | Date: | Hits: 65
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
.... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ......or the Petitioner. T.H. Khan, Senior Advocate, instructed by Taufiq Hossain, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 347 of 2010. (From the judgment and order dated 26.05.2010 passed by the High Court Division in Criminal Miscellaneous Case No. 6566...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ..Category: Criminal Law | Date: | Hits: 50
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....lly child health, which contain alcohol, and the reporting was general in nature, which was also reported by other newspapers too and in making such reporting they did neither twist nor embellish the facts, rather, the experts' findings have supported their contentions that the products are ‘alcoh...... also Reported in: 9 BLC (2004) 601. ......m Mamun J.- This Rule Nisi was issued upon the respondents as to why the cancellation order communicated by the Memo No. বিঃ বোঃ/ নিঃ ওসঃ/-২/০৪/২৪০ dated 4-3-2004, evidenced by Annexure A to the Writ Petition shall not be declared to be without authority and of no..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....he statement should be regarded as equally deserving of credit; but the jury must consider, under the circumstances, how much of the entire statement they deem worthy of belief, including as well the facts asserted by the party in his own favour as those making against him." 12. With regard to cr......que, Additional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Ex-prate- For the Respondent. Criminal Appeal No. 20 of 2001. (From the judgment and order dated 30.5.1995 passed by the High Court Division in Death Reference No. 20 of 1992 heard ......ave been proved by Noor Mohammad (P.W.3), Bachchu Mia(P.W.4), Kamal Hossain (P.W.6) and Haripada Das (P.W.7), the confessional statement proved by A.K.M. Humayun Kabir (P.W.13) and the circumstantial evidence of recovery of a tape recorder from the possession of P.W.4 which was said to have been sol..Category: Criminal Law | Date: | Hits: 58
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....ove Civil Petition No. 1499 of 2007 is directed against the judgment and order dated 9.11.2006 of the High Court Division passed in Civil Revision No. 3747 of 2002 making the Rule absolute. Since the facts of the above cases are more or less similar the question of law involved are also same and bot......aya Rani Saha................Petitioner (In Civil Petition No. 1498-1499 of 2007) Dr. Ashequr Rahman Khan.........Petitioner (In Civil Petition No. 1333 of 2008) Vs. Dr. Ashequr Rahman Khan and others.......Respondents (In Civil Petition No. 1498 of 2007) Government of Bangladesh & ......he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ..Category: Property Law | Date: | Hits: 62
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....two surviving sons as its owners and possessors sold the same to the vendor of the plaintiff and ultimately the plaintiff by purchase become its owner and possessor. These questions are all about the facts and all the facts were finally decided by the final Court of fact in favour of the plaintiff w......tin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dijalal Majumder........................Petitioner Vs. Munshi Bodiul Alam and others .............Respondents Judgment July 15, 2010. Lawyers Involved: Ibrahim Kh......তাহার প্রার্থনা মোতাবেক অত্র মোকদ্দমার ডিক্রী পাইতে পারে কি না? 5. On consideration of the evidence adduced and the exhibits produced as well as other materials available on record the trial ..Category: Property Law | Date: | Hits: 71
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ect that he got possession of the suit land on 04.02.1997 and got the registered sale deed on 24.12.1997 and he is paying rents mutating his name in the records of right. Considering the aforesaid facts and circumstances and the observations made by the High Court Division, quoted hereinabove, we......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Anowar Hossain and others..................Petitioners Vs. Bangladesh Jute Corporation and others.................. out in auction and purchased by the defendant No.5, who after purchase got possession in due course and is in peaceful possession thereof. 5. The Trial Court on consideration of the materials and evidence on record and submissions of the learned Advocates, appearing for the contesting parties, d..Category: Property Law | Date: | Hits: 58
Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)
.....06.2004 passed by the learned Senior Assistant Judge, Barguna Sadar in Title Suit No.161 of 1999 decreeing the suit. 2. The respondent as plaintiff instituted a suit for declaration of title. The facts leading to institution of the suit, in short, are that the property situated at Boaul Kar Mouz......d. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdur Rashid.........................Petitioner Vs. Afzal Gazi and others...............Respondents Judgment May 3, 2010. Lawyers Involved: Abdul Quiyu......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4...Category: Property Law | Date: | Hits: 57
Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)
.... We have perused the judgments of the Courts below as well as that of the High Court Division and other materials on record. Only point agitated by the learned Counsel for the petitioners is that the facts of the case is distinguishable from the facts of the case of Abdul Khaleque Vs. Abdul Noor and......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdul Majid Pramanik and others ..........................Petitioners Vs. Md. Sorhab Ali and others ..................... if it is within Municipal area, in that case the land would assume the character of non-agricultural land even if the said land was used for the purpose connected with agriculture. 7. There is no evidence on record to show that the tenancy was created for non-agricultural purpose. The case land ..Category: Property Law | Date: | Hits: 54
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
.... along with the said issue the trial Court decreed the suit. And it appears that the said issue was also taken up before the appellate Court. The lower appellate Court after lengthy discussion of the facts and circumstances and evidence in support of the possession of the plaintiff found that the su......se is also Reported in: 51 DLR (HCD) (1999) 28. ......e Court in Title Appeal No. 21 of 1985 (by his predecessor in office) and sent the suit on remand directing the trial Court to dispose of the suit after giving chance to the parties to adduce further evidence. 8. Being aggrieved by the aforesaid judgment and order dated 19-5-96 passed in the Revi..Category: Property Law | Date: | Hits: 59
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....show cause as to why the Order dated 28-9-92 fixing the date of trial on 24-10-92 in respect of the petitioner without obtaining sanction from the Government should not be quashed. 2. The relevant facts, in short, are that, one Md. Ali Baksh Pramannik lodged a first information report with the Ta......t, one Md. Ali Baksh Pramannik lodged a first information report with the Tanore Police Station on 18-11-91 alleging, inter alia, that on the night following 12-11-1991 while he along with his father and other brothers were away at the beel to catch fish and taking advantage of the absence from hous......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25...Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ioner filed an application for such relief under the Scheme. But the conditions could not be fulfilled. Therefore, the contention on the doctrine of promissory estoppel has got no role to play in the facts of this case. The principle laid down in Mannan’s case, 42 DLR 107 (AD), has no role to play......h Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Friends Corporation….…………..Petitioner Vs. Commissioner of Customs and others……. Respondents Judgment June 23, 1998. Lawyers Involved: AF Hasan Ari......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....k and respondent No.4, the auction purchaser contested the Rule by filling two separate affidavits-in-opposition. Respondent No.2 in its affidavit-in-opposition did not specifically deny the material facts of the writ petition except the statement that “the petitioner is not a third party of the M......h Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Fatema Begum…………….....Petitioner Vs. The Artha Rin Adalat, Narayangonj and others………….... Respondents Result: The Rule is made absolute. Judgment Novem...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 183
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
.... to show cause as to why he should not be prosecuted for committing contempt of Court by violating order dated 27.8.2006 passed by the High Court Division in Writ Petition No. 8022 of 2006. 2. The facts leading to the present Contempt Petition are that the petitioner, Md. Solaiman Ali Hamedi was ...... made absolute. The explanation given by the contemner is inconsistent misleading The contemner took different pleas at different stages, committed gross contempt by his willful disobedience to and non-compliance with order and continued making contradictory and misleading statements before th...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....d in the cause list and called for hearing, but no one appears for either of the parties. In view of the matter pending for a long period of more than 22 years, it is taken up for disposal. 3. The facts leading to this civil revision, as it appears from the record, are that the predecessor-to-int......l Jurisdiction) Present: Md. Ruhul Quddus J Md. Chinimuddin Malitha ... ………………Petitioner Vs. Rahejan Bibi since deceased substituted by her legal heirs Md. Sukur Ali Shaikh and another ... ……………Opposite Parties Judgment January 2, 2011. Lawyers Involved......ings that the issue of maintainability was not pressed at the time of hearing; that the present suit was not barred by limitation or res judicata. The learned Munsif also considered and discussed the evidence regarding the execution and registration of the deed in question, and arrived at conclusion..Category: Property Law | Date: | Hits: 54
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