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Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
.... shed building therein rented it to different bharatias and in the Mohanagar Settlement their names were rightly recorded and the objection filed by the defendant against the above recording was also ultimately rejected; on 4.9.2000 the defendant with some local people illegally entered into the......rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ......d mutated his name and he paid rents, taxes and other charge and the plaintiffs have no right title and possession in the suit land and the plaintiffs instituted the suit with ulterior motive. The trial court, after hearing, decreed the suit with a direction to handover the possession of the sui...... (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Maruf Hossain (Swopon)........Petitioner Vs. Diljan Bibi and others........Respondents Judgment May 27, 2007. Lawyers Involved: ..Category: Property Law | Date: | Hits: 23
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....ntaining the conviction under Section 420 of the Penal Code and enhancing the period of sentence from 3 months to 6 (six) months and fine of Tk. 1000.00 to 2000.00 in default to suffer simple imprisonment for 1 (one) month more passed by the learned Metropolitan Magistrate, Dhaka convicting the ......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......plain examined the complainant under Section 200 of the Code of Criminal Procedure and took cognizance against the accused under Section 406/420 of the Penal Code. The case was ultimately ripe for trial. The trying Magistrate framed charge against the accused under Section 406/420 of the Penal C...... Zahurul Islam Mukul, Deputy Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record- For the Respondent Criminal Appeal No. 60 of 2003. (From the judgment and order dated the 10th November, 2002 passed by the High Court Division in Criminal Revision No. ..Category: Criminal Law | Date: | Hits: 42
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....2 and on 5.6.1972 Ambagan Bastuhara Sarnity was permitted to reside therein temporarily; the accuseds mentioned in the FIR tried to grab the said property by showing lease of the same in favour of some fake persons and at their instance, two persons, Motahar Ali and Mokter Ali, on the basis of t......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......om the above property were not abandoned property; further whether the petitioners, in connivance with the other accuseds, committed the offence is a matter of evidence to be decided at the time of trial. Further section 195(1) of the Code of Criminal Procedure does not provide a bar to initiate ...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Khizir Haider and others.................Petitioners (In Criminal Petition No.314 of 2005) Md. Hossain Her..Category: Criminal Law | Date: | Hits: 43
Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)
....his petition for leave to appeal is directed against the judgment and order dated 13.08.2005 passed by a Single Bench of the High Court Division in Civil Revision No.3366 of 1996 making the Rule absolute. 2.The pre-emptor instituted Miscellaneous Case No.13 of 1986 under section 96 of the......s right in making the Rule absolute. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 140. ......R. Khatian No. 804/2 and M.R.R. Khatian No.870. Thus the original jama was split up and the pre-emptor is a stranger to the said holding. Hence the pre-emption case is liable to fail. 4. The trial court allowed the pre-emption case. On appeal in Miscellaneous Appeal No.8 of 2004 the same w......bsp; Not represented- Respondent Nos. 2-26. Civil Petition for Leave to Appeal No.108 of 2006. (From the judgment and order dated 13.08.2005 passed by the High Court Division in Civil Revision No. 3366 of 1996.) ..Category: Property Law | Date: | Hits: 29
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
....nter-alia, that he purchased the case house described in the schedule of the petition of complaint vide registered deed No.1558 dated 20-06-1991 and he has been possessing the same. The accused persons created a forged deed on 17-04-2000 with an intention to grab the properties of the complainan...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ...... has not yet been submitted which is the result of investigation in the instant case, the genuineness of the document whether it is forged one, which is a moot question to be decided on full dress trial. Therefore, the submissions of the learned Advocate for the petitioners appear to have got no...... ..Category: Criminal Law | Date: | Hits: 39
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
.... Additional Sessions Judge, Second Court, Dhaka in Sessions Case No.75 of 1987 convicting the accused-petitioner under Sections 397/34 of the Penal Code and 'sentencing him to suffer rigorous imprisonment for 5 (five) years and also to pay a fine. of TK. 1,000.00 in default to suffer rigorous im......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......; Zaman friend of accused Abdur Razzak. 4. After investigation police submitted charge sheet accusing 4 (four) accused including the petitioners. 5. The prosecution in course of trial examined 12(twelve) witnesses in all and the defence examined none. 6. The defence case...... Advocate-on-Record- For the Petitioner None represented- For the Respondent Criminal Petition for Leave to Appeal No. 221 of 2006. (From the judgment and order dated the 31st January, 2006 passed by the High Court Division in Criminal Appeal ..Category: Criminal Law | Date: | Hits: 40
Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)
....pellant was found guilty under sections 409/468/477A of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) and was sentenced to 1(one) year rigorous imprisonment and to pay a fine of Tk.40,000/-, in default to suffer rigorous imprisonment for 4 (four) mo......sional Special Judge, Rajshahi and there petitioner was put on trial to answer the charges as mentioned hereinbefore. The accused having had denied the charges brought against him the prosecution was called upon to establish the same by calling witnesses. It was the defence of the convict that the p......as filed against the judgment and order dated January 25, 2001 of the Court of Divisional Special Judge, Rajshahi Division, Rajshahi in Special Case No. 1 of 1998 (Rajshahi). The appellant was put on trial to answer the charge under sections 409/468/477A of the Penal Code read with section 5(2) of t...... Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record- For the Petitioner. Not represented- For Respondent. Criminal Petition for Leave to Appeal No. 138 of 2005 (From the Judgment and Order dated January 9, 2005 passed by the High Court Division in Criminal Appeal No. 863 of 2001..Category: Anti-Corruption Laws | Date: | Hits: 111
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....titioner Md. Sirajul Haq in this petition seeks leave to appeal against the judgment and order dated 04.12.2004 passed by the High Court Division in Civil Revision No.1261 of 2000 making the rule absolute reversing the judgment and decree dated 30.01.2000 passed by the learned Senior Assistant Ju......the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......ecame tenant of the premises and that no notice was issued upon him terminating the tenancy and that there was no cause of action for the suit and the suit was liable to be dismissed. 6. The trial court recorded evidence of parties and dismissed the suit. 7. The High Court Division ...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Sirajul Haq...........................Petitioner Vs. Md. Abdul Halim and another.............Respondents Judgment March 18, 2007. &..Category: Property Law | Date: | Hits: 31
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....ad Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 13.03.2005 passed by the High Court Division in Civil Revision No.1541 of 2001 making the Rule absolute with a direction to evict the present petitioner from the suit premises. 2. The relevant f......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......s to one Mr. Dilip Kumer though later as DW 2 of the S.C.C. suit stated in his deposition, that he and his brother Swapan Kumer are the managers of the hotel under the petitioner and accordingly, the trial Court on consideration of the evidence on records and exhibits dismissed the plaintiff's suit ......Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Rezaul Ahsan.................Petitioner Vs. Salamat Miah Wakf Estate, represented by the Mutwalli Amir Sultan Ali Haider and others................Respondents Judgment May 3, 2007. Lawyers Involved: Mahbubey A..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....e, that plaintiffs father took settlement of the land in suit from the said land owners by an Amalnama of the year 1349 B.S, in the name of the plaintiff who at relevant time was minor, that the land so taken settlement was 19.56 acres, that since the date of settlement plaintiff through his father ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......njoying the property and the plaintiff has no right, title and interest in the land in suit, that the plaintiff has created forged and fabricated papers to grab the land of the Government. 9. The trial Court dismissed the suit on the findings that in R.S. Khatian 5.35 acres of land has been reco......se is also Reported in: 13 MLR (AD) 2008, 105. ..Category: Property Law | Date: | Hits: 29
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... leave upon a petition for review, are directed against the allowing the Criminal Appeals convicting the petitioners under sections 201/34 of the Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for ...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......formation report was lodged by him on 27-3-1990 and after investigation he submitted charge sheet against the respondents and acquitted accused under sections 302/307/201/34 of the Penal Code. During trial 22 witnesses were examined by the prosecution PW Bimal Kumar Das being the informant as well a......e Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Khandker Zillul Bari and another................Appellant Vs. State...............................Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
.... and Civil Revision No.2826 of 2003 filed by the same plaintiff having been heard together and disposed of by a common judgment by a Single Bench of the High Court Division making both the Rules absolute upon sending back the suit on remand to the trial Court for disposal and therefore, both the......the impugned judgment of the High Court Division and it is argued that sending back the case on remand to the trial Court will not in any way prejudice the parties and, as such, no interference is called for by this Division. 17. We have heard the learned Counsel of both sides and conside......me plaintiff having been heard together and disposed of by a common judgment by a Single Bench of the High Court Division making both the Rules absolute upon sending back the suit on remand to the trial Court for disposal and therefore, both the leave-petitions are heard together and disposed of...... Khorshed Alam (Md).....................Petitioner Vs. Hazi Mohiuddin and others.............Respondents Judgment February 18, 2007. Lawyers Involve..Category: Procedural Law | Date: | Hits: 86
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
.... This petition for leave to appeal is by the plaintiff-petitioners against the judgment and order dated August 14, 2000 of the High Court Division in Civil Revision 4302 of 1999 making the Rule absolute and consequent thereupon set aside the judgment and decree dated April 22,1999 of the 2nd Co......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......;pensation roll in the name of Sree Krishna Soni has already been prepared and the same has been published in the Gazette and that notices were served on Sree Krishna Soni and others. 4. The trial Court, in the light of the material on record, decreed the suit. The defendants took appeal t......69. ..Category: Property Law | Date: | Hits: 27
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....e accused No.1 dealt a lathi blow on the belly of Saker Ali. At the cry of PWs 1 and 2 the witnesses rushed to the place of occurrence and saw and heard narration of the occurrence. The accused persons at the approach of the witnesses fled away. 3. The defence plea is that the alleged, oc......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ...... the learned Counsel for the petitioner and perused the impugned judgment and other connected papers on record. 6. The learned Counsel submits that the High Court Division observed that the trial Court (Additional District Magistrate) had no jurisdiction to frame charge under section 307 ...... MM Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Dawad Ali Sardar (Md)..................Petitioner Vs. Kazi Mujibar Rahman and others............... Respondents Judgment ..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....ovash Chandra Basak and others in favour of Nayebuddin Sarker and others and that Nayebuddin Sarker and others executed kabuliyat to the effect on 1-12-1920 and that Majaruddin, one of the lessees, sold share in the suit property by registered deed of sale dated 15-11-1943 to the defendant Nos. 3......w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......ons and perused the materials on record. 12. In view of the persistent contention of the learned Advocate as to the necessity of revaluation of the suit property, we are of the view that the trial Court shall be at liberty to consider the matter of valuation of the suit property at the tim......e Division (Civil) Present: Md. Fazlul Karim J Amirul Kabir Chowdhury J Saimuddin (Md).............................Petitioner Vs. Amjad Ali and others.........................Respondents Judgment &n..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....y would be held. 6. The Appellate Tribunal held that the second and third enquiries were illegally held without rejecting the first enquiry report, that in the subsequent enquiry only some documents were relied upon and the respondent was not given to know as to on what specific poi...... 28. As regards consultation with the Public Service Commission, it appears that available materials were placed before the Commission on consideration of the same opined that no penalty is called for against the respondent This opinion was obtained after the second inquiry fresh opinion ......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......lip;……………………………………………….Appellant Vs. AAM Salekuzzaman and another……………………………&..Category: Administrative Law | Date: | Hits: 94
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....ation of People’s Order, 1972 (President’s Order No. 155 of 1972), Article 31(2) (d) (e) A ballot paper is to be stamped on its back with full official mark and counterfoil is also to be stamped accordingly but during rush that follows a brisk polling it may not be possible to......s manipulated. The polling at Gabgachhiya Government Primary School Polling Centre not having been held in accordance with law, the polling was void as a whole and a fresh poll was necessary to be called for in those two polling centres. The ballot papers of all the polling centres under Pirojpu......of the appellant obstructed the aforesaid voters. (iv) The names of the voters who had been allegedly obstructed have not been mentioned in the election petition. (v) At the trial a new case has been sought to be made out, namely, that Hindu voters of Samantogati villag......Saydee………………………………………………. Appellant Vs. Sudhangshu Shekhor Halder and others……………………………&..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
....ded for maintenance of certain public welfare institutions from the income of Chera Dangi Mela of Dinajpur. The trust was run by a committee selected by the local people for three years. The deed also provided for maintenance of accounts and its audit and procedures for holding of election of the ......or holding of election of the next committee and measures for their infraction. Articles 23 and 36 are the two articles which cover this contingency. A detailed reference to them at this stage is not called for, because the question of jurisdiction of the District Judge is in question. The Committee...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......peal is allowed. Lawyers Involved: Ahmad Sobhan, Senior Advocate, with M. F. Karim, Advocate instructed by S.M. Huq, Advocate-on-Record- For the Appellant. Abdul Malek, instructed by B.C. Panday, Advocate-on-Record-For the Respondents No.1-4. Criminal Appeal No. 6 of 1978. (From t..Category: Trust/Waqf Law | Date: | Hits: 185
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....ppellant was that when they was going to get the fruit of their investment of capital and labour, the Irrigation Department of the respondent began to place a big mati bund on the Hamil Kara and also at other nearby places in the beginning of January, 1957 as a result thereof the fisheries conce......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ...... which they would have made provisions if its possibility could not be foreseen. So, in our view the case of the appellants claiming compensation should be decided on the evidence on record by the trial court which if considered necessary may allow the parties to lead fresh evidence to determine......d in: 30 DLR (SC) (1978) 247. ..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
.... Moitra and Bankim Chandra Moitra died as bachelor leaving behind his two brothers. Brinchilal Moitra died leaving his widow Sreemati Shishir Kumari and Neromba Lal Moitra died leaving behind his two sons Bimal Chandra Moitra and Anil Kumar Moitra and widow Sreemati Dakshya Bala Debi, that the entir......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......cessary for proper adjudication of the suit. The learned Counsel further submits that the learned Judge committed substantial error of law in practically deciding the main issues of the suit as the trial court while exercising jurisdiction, under section 115 of the Code. 9. Mr. Abdul Hamid, lea......an Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Ansar Ali, Advocate instructed by S.S. Hoda Advocate-on-Record – For the Appellant. Abdul Hamid, Advocate instructed by B.C. Panday, Advocate-on-Record- For Respondent. Civil Appeal No. 123 of 1977 (On appeal from the ju..Category: Tenancy Law | Date: | Hits: 142
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