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Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....against the judgment and order dated 6‑8-1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal shares and the. CS record was ac......y in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ...... is directed against the judgment and order dated 6‑8-1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal shares and the. CS ......rt Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ...... Vs. State & another............................................Opposite Parties Judgment December 12, 2004. Result: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed ......e and both civil and criminal cases can run together, and the relief available in the civil Court does not stand as a bar to initiate a criminal proceedings if it is found by the disclosure of facts that there is distinct element of criminal offence in the matter…………...........ult: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed against the accused petitioner was for realisation of money and not for offence and both civil and criminal cases can run together, and ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....e defendant-respondent No.5, the Government of Bangladesh also appeared and filed written statement denying the material allegations made in the plaint and claiming the property to be Government khas land recorded in khas khatian No. 1 and that during pendency of the aforesaid suit the petitioner on......-On-Record- For Respondent No.1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 983 of 2003. Judgment Amirul Kabir Chowdhury J.- This petition for leave has been filed by 3rd party petitioner Jamir Ahmed against the judgment and order dated 08.04.2003 pa......ir Ahmed against the judgment and order dated 08.04.2003 passed by the High Court Division in Civil Revision No. 5422 of 2002 discharging the Rule. 2. The facts leading to the leave petition are that the respondent No. 1 plaintiff filed Other Suit No. 169 of 2001 against the respondent Nos. 2 to......urt Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Jamir Ahmed…………………Petitioner Vs. Siddique Ahmed Sowdagor and others...........Respondents Judgment December 12, 2004 Result: The leave petitio..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
.... plaintiff brought Other Suit No.58 of 1990 against the petitioner as well as against the pro forma opposite parties as defendants for having a decree for partition in respect of 12.77 13/20 acres of land out of 15.56 acres of land in the Court of the learned Subordinate Judge, First Court, Gaibandh......…………………Petitioner Vs. Md. Roshan Akter Rahman………………………Opposite Party. Judgment December 7, 2004. Result: The Rule is made absolute. Cases referred to- Most. Johara Begum Vs. Rafiqul Kader, 25 DLR (HC) 91; Abdur Rashid and anothe......e parties as defendants for having a decree for partition in respect of 12.77 13/20 acres of land out of 15.56 acres of land in the Court of the learned Subordinate Judge, First Court, Gaibandha. In that suit the petitioner was defendant No.46. The suit was decreed ex parte on 5-9-93 against all the......s. Abdul Barik and another, 35 DLR (AD) 162; Shari Ullah Patwary and others Vs. Jharna Dhara Chowdhury and another, 47 DLR (HC) 307. Lawyers Involved: Syed Humayun Kabir Khadem, Advocate - For the petitioner. Abdul Quayum, Advocate - For the Opposite Party. Civil Revision No.4713..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
....0/C, Uttar Badda. Plot No.76 comprising khatian No.1006 of Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in line with 92 persons. 2. The petitioners purchased the land of plots aforementioned by different registered sale deeds in the year 1985, 1987‑1993. The p...... ......ing (1) Chha 30/C Uttar Badda Plot No.76(2) 30/1. Uttar Badda plot No.76(3)Ja‑1, Maddha Badda plot No.77(4)Cha‑29/2 Uttar Badda plot No.76 No.76, VI Chha 30/C, Uttar Badda. Plot No.76 comprising khatian No.1006 of Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in l.....................Respondents Judgment December 4, 2004. Result: The Rule is discharged. Lawyers Involved: Idris Khan with Md. Nowshad Zamir and Sathika Hossain, Advocates-For the Petitioner. Khasruzzaman with Reshma Sultana, Advocates-For Respondent No.1. Writ P..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
.....92 of 1998, Ka 280 Block-D, Mohammadpur, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petitioner that a vacant land comprising 140 square yards situated at Mouza Dakhin Adabar and Barabo, PS Tejgaon now Mohammad......f the respondents that whereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of the said house property by issuing requis......of People's Republic of Bangladesh & others.............Respondents Judgment November 27, 2004. Result: The Rule is made absolute. Mere statements of the respondents that whereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1......c of Bangladesh & others.............Respondents Judgment November 27, 2004. Result: The Rule is made absolute. Mere statements of the respondents that whereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve th..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
...... এই আইনের কোন বিধানের সহিত অসংগতিপূর্ণ হইলে এই আইনের বিধান কার্যকর হইবে।
Cases Referred to-
Md. Riaz Vs. State, PLD 1966 (WP) Lahore 379;PLD 1960 SC 351; AIR 1969 SC 686......with the case against the accused persons i.e. respondent Nos.5 and 6.
2. The petitioner filed a Complaint Petition Case No.3795 of 2003 before the Chief Metropolitan Magistrate, Dhaka alleging that he is a reputed businessman and the proprietor of SA Paribahan and he has business offices in al......হিত অসংগতিপূর্ণ হইলে এই আইনের বিধান কার্যকর হইবে।
Cases Referred to-
Md. Riaz Vs. State, PLD 1966 (WP) Lahore 379;PLD 1960 SC 351; AIR 1969 SC 686.
Lawyers Involved:
Md. Mahbubur Rahman with Abu T..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....n object of all the members of the unlawful assembly. 3. The prosecution case is that on 10‑2‑1989 at about 9‑00 AM the informant Sona Mia was passing by the 'ail' of a land and at that time accused Dilbahar asked him as to why he uprooted the fencing of his land. The ...... above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......Leave was granted to consider the question whether the High Court Division acted illegally in convicting all the accused under sections 302/149 of the Penal Code when the prosecution failed to prove that victim Fatik Mia was killed in prosecution of the common object of all the members of the unlawf...... vs State 44 DLR (AD) 233; Bangladesh vs Abed Ali and others 36 DLR (AD) 234. Cases Referred: A K M Faiz, Advocate, instructed by Md Nawab Ali, Advocate‑on Record‑For the Appellants. A K M Shahidul Huq, Advocate‑on‑Record‑..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....o. 4959 of 1999 making the Rule absolute. 2. Short facts are that the pre‑emptor filed Miscellaneous Case No.180 of 1982 in the 2nd Court of Assistant Judge, Rangpur for pre‑emption of the case land stating, inter alia, that the predecessor-in‑ interest of opposite party Nos.2 and 3 transfer......d others...........Respondents Judgment August 31, 2004. Result: The appeal is allowed. The Code of Civil Procedure, 1908, (V of 1908), Order XIX, Rule 1(1), (3) When there was no issue before the trial court nor the appellate court regarding waiver, the High Court Division......D) (2005) 23...........Respondents Judgment August 31, 2004. Result: The appeal is allowed. The Code of Civil Procedure, 1908, (V of 1908), Order XIX, Rule 1(1), (3) When there was no issue before the trial court nor the appellate court regarding waiver, the High Court Division was not requir..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
.... Court No.1 at Rangpur in Other Class Suit No.5 of 1995, which decreed the suit. 2. Respondent Nos.1 to 6 as plaintiffs on 14-2‑95 instituted the suit for declaration of title in the suit land on the basis of adverse possession only and also for further declaration that said defendant No...... This Case is also Reported in: 57 DLR (2005) 260. ....... 2. Respondent Nos.1 to 6 as plaintiffs on 14-2‑95 instituted the suit for declaration of title in the suit land on the basis of adverse possession only and also for further declaration that said defendant No.12 acquired no title or interest in the suit land by deeds being No.16519 date...... (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Ashraful Alam........................................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: The A..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....tle Suit No.14 of 1991, which dismissed the suit. 2. On 21‑1‑91 the plaintiff instituted the suit against the Deputy Commissioner, Dhaka and three others for declaration of title in the suit land with building thereon fully described in the schedule to the plaint and for further declaration......d down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......suit against the Deputy Commissioner, Dhaka and three others for declaration of title in the suit land with building thereon fully described in the schedule to the plaint and for further declaration that the entire proceeding in certificate case No.17 of 1986 including order of attachment and auctio...... The Appeal is allowed. Case Referred to- Nasrin Kader Siddique Vs. Bangladesh and others, 44 DLR (AD) 16. Lawyers Involved: Shafique Ahmed with Md. Aminul Islam Advocates- For the Appellant. Not represented- The Respondents. First Appeal No.493 of 2000. Judg..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....rder, Motahar Hossain Choudhury as Mutawalli presented the appeal. The proceedings arise out of following facts and circumstances. 4. One Tofazzal Ali Choudhury created a waqf of 59.945 acres of land appertaining to Jote No.8 of JL No.5 by a registered deed of waqf dated 22‑11‑15 which he p......he LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ......3 in the then office of Waqf Administrator. 5. Appellant Motahar Hossain Chowdhury on 10‑7‑92 made an application for enlistment of 6.49 acres of land including land of RS plot No.460 of RS Khatian No.449. After local investigation, the Inspector submitted a report dated 22‑9‑92. Said l...... Yusuf Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others………………………&hellip..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......ave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......nst the judgment and order dated 26‑5‑2004 passed by a Division Bench of the High Court Division in the aforesaid Criminal Revision. 2. The facts, in brief, leading to the leave petition are that the respondent lodged a First Information Report with Keraniganj Police Station, Dhaka stating, .............Respondent Judgment July 31, 2004. Result: The leave petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 494 To give consent or not for withdrawal of an accused from prosecution is a discretion of the Court. Exercise of such ..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....,00,000. To clear his loans to the relatives, to the House Building Finance Corporation and to purchase another house appellant proposed to sell the suit property which includes a building and vacant land. There was a verbal contract that Taka 13,00,000 more will be paid to the appellant by the end ......e is also Reported in: 57 DLR (2005) 310. ......a Rin Adalat No.2, Dhaka in Title suit with a direction to execute and register the sale deed within 30 days from the date of judgment. 2. Fact necessary to dispose of this appeal, in brief, is that the suit property comprising building is in the Model Town of Banani. The suit property original...... 72; Saru Meah Sowdagar and another Vs. Al‑haj Jahanara Begum and others and Dula Meah Vs. Md. Ibrahim, 8 DLR 616. Lawyers Involved: Khondker Mahbubuddin Ahmed with SM Moonir, Advocates- For the Appellant. MI Farooqui with M Sadekur Rahman, Advocates- For Respondent Nos.1 and 2..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....e, Thakurgaon illegal, void, collusive and not binding upon the plaintiff appellant also declaring the title of the plaintiff in the suit property directing the defendant No.1 to vacate the suit land by demolishing and removing structures and declaring also khas possession of the plaintiff in t......thers………………………………Opposite Parties Judgment July 27, 2004. Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. ......ion denotes the relationship between a person: (a) some actual power over the object possessed i.e. physical (corporeal) control or actual possession; and (b) some amount of will to avail oneself of that power that is the desire to possess (animus). Thus, it expresses the physical relation of contro...... a de facto counterpart of ownership. Possession is a right in the de facto relation of continuing exercise and enjoyment as opposed to the de jure relation of ownership. Possession is thus external form to justify and normally manifest in the possession in fact. Possession denotes the relationship ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....nt, MN Alam & Associates Ltd., without jurisdiction and the award given was a in brief, consultant, got work order dated 3‑1‑87 for nullity and learned Subordinate Judge therefore, survey and land use planning of first 1000 acres and then, another work order dated 5‑7‑87 for 1200 acres o......record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......he parties has any right to appoint any arbitrator independent of the agreement and ask other party to concur. The course adopted by the consultant could only be accepted when the agreement provides that the reference shall be to two arbitrators, one to be appointed by each party within the understa...... Judgment July 27, 2004. Result: The Appeal is allowed and Rule is disposed of. In the circumstances and on the failure of the parties to concur in the appointment of an arbitrator, only course open to a party to the contract was to move the Court under section 8(1)(a) of the A..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
.... Judgment July 21, 2004. Result: The decision of the High Court Division was modified. The Constitution of Bangladesh, 1972, Article 102 An affected person shall get allotment of land from RAJUK and RAJUK shall allot land to that affected person whenever such affected person ful......esented by its Chairman ...... .........Petitioner Vs. Jahanara Begum and others ........Respondents Judgment July 21, 2004. Result: The decision of the High Court Division was modified. The Constitution of Bangladesh, 1972, Article 102 An affected person shall get......e decision of the High Court Division was modified. The Constitution of Bangladesh, 1972, Article 102 An affected person shall get allotment of land from RAJUK and RAJUK shall allot land to that affected person whenever such affected person fulfils and satisfies the conditions and the crite...... An affected person shall get allotment of land from RAJUK and RAJUK shall allot land to that affected person whenever such affected person fulfils and satisfies the conditions and the criteria set forth by RAJUK entitling him to have allotment of lands as an affected claimant. Lawyers Involved..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....section 64(1) of the Ordinance for eviction of the plaintiffs is illegal and not binding upon the plaintiffs on the averment, inter alia, that one Peer Box Sawdagar was the original owner of the suit land which was inherited by the predecessor of the plaintiffs Yakub Sawdagar by way of purchase on 2......nce in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......s…………Respondents Judgment July 20, 2004. The Waqf Ordinance, 1962 (I of 1962), Sections 64 and 102 The Code of Civil Procedure, 1908(V of 1908), Order VII, Rule 11 What is to be considered in rejecting a plaint? From averment in the plaint itself ground is to ......What is to be considered in rejecting a plaint? From averment in the plaint itself ground is to be found out, whether plaint prima facie is liable to be rejected as being barred under section 50 or 102 of the Waqf Ordinance........(18) Lawyers involved: TH Khan, Senior Advocate, (Mokb..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....3‑99 the plaintiff Zamini Bala Dasi instituted the suit against Abdul Aziz Miah, predecessor of opposite parties for a decree of declaration of title in northern 36 decimals out of 76 decimals of land of CS plot No.274 appertaining to CS khatian No.86 fully described in the schedule to the plain...... This Case is also Reported in: 57 DLR (2005) 774. ......tituted the suit against Abdul Aziz Miah, predecessor of opposite parties for a decree of declaration of title in northern 36 decimals out of 76 decimals of land of CS plot No.274 appertaining to CS khatian No.86 fully described in the schedule to the plaint. 3. Plaint case, in short, is that b......s made absolute. Cases Referred to- Hamida Begum Vs. Murad Begum, PLD 1975 SC 624; Abdul Jalil Munshi and another Vs. Abu Baker Siddique, 35 DLR (AD) 42; Babul Kanti Das Vs. Abul Hasem and ors, 47 DLR (AD) 6; Md. Abdul Nasir and ors Vs. People's Republic of Bangladesh and another, 28 ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....plaintiff from his custody regarding the suit property were by the original plaintiff from his custody. 8. It was the case of the plaintiff that he purchased 10 decimals of land in Jalpaiguri town, India from defendant No. 1 by kabala dated 4-4-1960 Exhibit A (3) and also......4. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 31 When a finding of the trial court can be reversed by the Appellate Court? High Court Division as the final court of fact without considering the evidence and materials on record and without adv...... against the judgment and decree dated 18-4‑2000 passed by a Division Bench of the High Court Division in First Appeal No 92 of 1971 allowing the appeal. 2. Short facts are that, one Abdus Salam Chowdhury, the predecessor‑in‑interest of the respondents, institu......nbsp; Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Nurul Haque and others.......... Appellants Vs. Abdus Salam Chowdhury and ors. …......Respondents Judgment July 13, 2004. The Code of Civil Pr..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
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