Search Options
Judgment Advanced Search
Displaying 4561-4580 of 5707 results.
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....bi died leaving Abdul Barek, Hayatunnessa and the three daughters, that on the death of Fatema Bibi Abdul Barek, Hayatunnessa, Daulat Bi, Mohor Bi and Ratan Bi sold their interest to Zeon Bibi who died leaving son Awlad Hussain who died leaving sons Taleb Hos......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......iff has no right, title and interest and possession in the land in suit, that the plaintiff has filed the suit making untrue statements and as such the same is liable to be dismissed. 4. The trial Court decreed the suit on the findings that the suit is maintainable and not barred by l......d without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
.... of action against the defendant, not the attorney. If the power of attorney of Md. Sirajul Huq fails and if he takes up the plea that he was otherwise "duly authorised" in terms of the Articles of Association of the Company to sign the plaint then this is a matter of evidence. It is absolutely prem......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......for the plaintiff to take steps. We, however, wish to make it clear that the defendant is free to raise the issue as to whether the plaint was properly signed, verified and presented or not and the trial Court will decide the issue, if raised, in the light of what we have held above. 21. Both s......rted in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....I of 1872), section 115 The Limitation Act, 1908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily ......f MA Naser or that the plaintiff Nos. 2-4 were the children of said Naser. The Kabinnama relied upon by plaintiff No.1 is a false, fictitious and forged document. The signatures of MA Naser in the so-called Kabinnama differs from his admitted signatures in the mortgage document and other papers ly......to the High Court Division, Dhaka against the said Judgment and decree. 17. From the impugned judgment it appears that the learned Judges of the High Court Division agreed with the findings of the trial Court that the suit was barred by limitation. Being confronted with this difficulty the learne......908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily abandoned. The decree being obtained on understa..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
...., onus lies on the defendant to prove his part of the story. In the present case the plaintiff has produced not an agreement of sale but a receipt of earnest money, signed not by the owner but by her son. The basis of his suit is an oral agreement, not Ext. 4 which is only a supporting evidence. The......s because in this case the plaintiff primarily based his contract for purchase on a very vital document namely, exhibit 4, the money receipt and the High Court Division as first appellate Court was called upon to decide the contract for sale on construction of Ext. 4. Since the legal effect of the......sion Bench of the Chittagong Bench of the High Court Division in First Appeal No.46 of 1977 reversing those dated 11.9.76 passed by the Subordinate Judge, Chittagong in Other Suit No. 83 of 1977. The trial Court decreed the suit. The High Court Division reversing the same dismissed the suit agains...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Al-haj Ahmed Hossain Khan.......……………………………....Appellant Vs. Rezaur Rahman and others....................................Respondents Judgment January 22, 1990. Resu..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....llowing all the appeals including jail appeal and thereby acquitting the respondents. 2. Prosecution case, in brief, is that on the night following 29.03.1997 after 11.00 P.M. the accused persons being armed with deadly weapons such as pipegun, kiris, dagger, iron rod etc. entered into Br......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......demned prisoner Mafizuddin made confessional statement. Police on completion of investigation submitted charge sheet against the condemned prisoners and absconding convict Kazi Tipu Sultan. During trial charge was framed against accused persons under section 396 of the Penal Code. The accused pe......in J Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State......................Petitioner Vs Mofizuddin and other………………….Respondents Judgment ..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
.... Chandpur for better treatment and then on the way to Chandpur Hospital the victim died. After completion of investigation charge sheet was filed on 29.9.1988 against the appellant, Imam Hossain also and 4 others under section 302/114/34 of the Penal Code. In due course the records were sent to ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......he Court of Sessions Judge upon which Sessions Case No.8 of 1989 was registered. Since all the accused were in abscondence, the Court of Sessions, after observing the procedure relating to holding trial in abstentia, proceeded with the trial and at one stage of the trial the appellant and Imam ...... of 2003 Judgment: Md. Tafazzul Islam J.- This appeal by leave is against the judgment and order dated 10.12.2002 passed by a Division Bench of the High Court Division in Criminal Appea..Category: Criminal Law | Date: | Hits: 52
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....s "Kha" and 'Ga'. 2. The case of the plaintiffs filed in Title Suit No. 213 of 1972 in the 2nd Court of Munsif (now joint Assistant Judge), Bagerhat, in short, is that his predecessor and the predecessor of the defendant No. 1 were the original owners of the suit land. The super......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......t the judgment and decree dated 25.02.2000 passed by a Single Bench of the High Court Division in 2nd Appeal No. 327 of 1978 allowing the appeal, setting aside the judgment and decree passed by the trial Court as well as the Court of appeal decreeing the plaintiffs suit for declaration of title t...... Judgment: M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and decree dated 25.02.2000 passed by a Single Bench of the High Court Division in 2nd Appeal No. 3..Category: Property Law | Date: | Hits: 35
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....hul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 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 Sa......n 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. This Case is also Reported in: ....... The contesting defendants are the heirs of Tayebuddin Biswas and they have been possessing the suit land for over 12 years. 4. Both parties adduced evidence both oral and documentary before the trial court and on consideration of the materials on record the trial court dismissed the suit. On a......n-Record- For Respondent Nos. 1-3. Not Represented- Respondent No.4. Civil Appeal No. 207 of 2000 Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No...Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
.... is a defendants' (defendant Nos.1 and 2) appeal, by leave, against the judgment of 23rd October, 2000 of a Single Bench of the High Court Division in Civil Revision No. 898 of 1995 making the Rule absolute upon reversing the judgment and decree of November 24, 1994 of the 2nd Court of Additional Di......rs from the date of cause of action as shown in the plaint and that the suit is barred by limitation cannot be accepted, Further it is stated that the date as has been given in paragraph 13 cannot be called the cause of action in its legal sense because cause of action is the bundle of facts as stat......of the provision of Section 18 of the Limitation Act. 8. The contesting defendants went on appeal. The appellate Court dismissed the suit upon reversing the judgment and decree of the trial Court on the findings that plaintiff did not establish by reliable evidence that the deeds in ......disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
.... in auction; that the plaintiff-respondent being the highest bidder purchased the suit property, the sale was confirmed on 28.7.1970 and thereafter the said plaintiff-respondent after purchase made some improvement in the suit land measuring 16.36 acres; and he also got his name mutated on 27.9.......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......med the Government Pleader, Narayangonj, that the entire suit land enjoyment of the Food Department since 1956 and the same was already acquired. 5. Upon hearing the parties, the trial court decreed the suit on 20.2.1997 in favour of the plaintiff respondents to the extent of ......missed. Ed. ..Category: Property Law | Date: | Hits: 40
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....9C has specified a time within which trial by a Court of Session or a Magistrate shall be concluded failing which "further proceedings in respect of the trial shall stand stopped and the accused-person released". 2. Appellant was sent up by the police under the 'Act' for trial by Special Tribun......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......is allowed. The Criminal Procedure Code, 1898 (V of 1898), sections 1(2), 339C The Special Powers Act, 1974 (Act XIV of 1974), section 29 Section 339C of the Code is intended for expeditious trial. If this provision for speedy trial is not applied to a trial under the Special Statute, the t......—For the Appellant. B. Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Criminal Appeal No. 12 of 1990. (From the judgment and order dated 29th January 1990 passed by the High Court Division, Comilla Session, Comilla in Cri..Category: Criminal Law | Date: | Hits: 58
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....e same. 4. As no satisfactory bidder came forward even after a third publication of tender notice on 8.8.88, the Bank decided to sell the vessels by direct negotiation. Ultimately they have been sold to respondent no. 4 at a total price of Tk. 1,28,00,000/— payable in 4 instalments. On 29.12.......8,00,000/— payable in 4 instalments. On 29.12.88 the respondent no. 4 paid the first instalment of Tk. 25 lakhs and the Bank delivered possession of the two vessels to it on 5.1.89. The petitioners called in question the sale of the vessels, in the writ petition, as aforesaid raising various groun...... impugned judgment, firstly, submitted that the High Court Division was wrong in not holding that under Art. 34(1) of the BSB Order, the taking over of the management and administration of the industrial concern is a pre-condition for selling the mortgaged property of the concern to secure its l......ted by Shamsul Hoque Siddique, Advocate-on-Record—For the Respondent No.1. Not Represented—Represented Nos. 2-3,5. Civil Petition for Leave to Appeal No. 30 of 1989. (From the Judgment and Order dated 6-6-1989 passed by the High Court Division, Dhaka in Writ Petition No. 74 of 1989...Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
....o. 1701 of 1988). Judgment ATM Afzal J. - This petition for leave to appeal is from the judgment and order dated 14 November, 1989 passed by the High Court Division, Dhaka making the rule absolute in Writ Petition No. 1701 of 1988. 2. Material facts of the case are that the respondent...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application. In case of ‘proclamation’ of withdrawal of martial law, the ..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....e the Election Commission, Mr. AKM Jahangir, a Magistrate, First Class was deputed to enquire into the matter and he submitted a report stating that there was in fact a serious disturbance created by some miscreants in the centre. The appellant contested the election petition. The tribunal on cons......ision, however, themselves raised a question as to whether the application (writ petition) as filed was maintainable or not. It was observed that if the application is maintainable "surely we are called upon to answer the points raised by the learned advocate for the petitioner otherwise without....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ...... (1957) QBD, Vol. 1, page 574(583); Azizul Huq Vs. S.M. Hanif, Ltd. 7 DLR 287; Phani Bhusan Sen Vs. Sanat Kumar Maitra, 40 CWN 124; Kokku Parthasaradhi Naidu Grau Vs. Chintlachervu Koteswara Rao Garu and another, ILR 47 Madras, 369; Phani Bhusan Sen Vs. Sanat Kumar Maitra, 40 CWN 124; Amir Sultan Vs..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
.... of 1872), section 32 (1), 154 In the statement of the deceased Ext. 1 there is no reference at all to any fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On t......ted the reference and altered the sentence of death to transportation for life (shall be imprisonment for life). 15. Mr. Jamiruddin Sircar, learned counsel for the appellant, submitted that the so-called dying declaration was highly doubtful and its probative value was little or nil and as such......g the conviction under section 302 of the Penal Code passed against the appellant but reducing the sentence of death to transportation for life. 4. The appellant along with two others was put on trial in the First Court of the Additional Sessions Judge, Khulna in Sessions Case No.283 of 1981 ......y fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand, it appears that the appellant and the deceased were very friendly, they spent the day together ..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
....ainst the judgment and order dated 12.7.2003 of the High Court Division in Criminal Miscellaneous Case No. 3128 of 2001 filed under section 561A of the Code of Criminal Procedure making the Rule absolute and thereby quashing the proceeding pending in the Court of Metropolitan Magistrate, Co...... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... he and others created an affidavit being No.1 dated 28.6.1999 and submitted the same in the Court of 6th Court of Assistant Judge, Dhaka in connection with Title Suit No. 171 of 1999 which during trial was marked as Exhibit-3 and he also filed the above affidavit before the High Court Divi......Amin J Md. Tafazzul Islam J Kazi Forhad Hossain (Munna)…………….Petitioner Vs Md. Golam Mustafa Sarwar alias Mohammad Golam Sarwar and another….....Respondent Judgment August 29, 2006 ..Category: Criminal Law | Date: | Hits: 39
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
.... stating that deceased Md. Abu Salem Shablu who was a student of Class-VI of local Darul Ulum Kowmi Madrasha, used to say his prayers regularly in the local mosque of the village. The condemned prisoner Md. Islamuddin @ Din Islam an employee of an Ice Cream Factory belonging to Abdul Gafur also ...... preplanned way forcibly took him inside the Ice Cream Factory. Abdul Gafur, the owner of the Ice Cream Factory found his factory under lock and key on the same date at about 6.00/6.30 A.M. and he called the condemned prisoner who used to stay inside the factory but did not get any response. Ab&...... been implicated in this case. 4. We have heard the learned Advocate for the petitioner and perused the judgment of the High Court Division and other connected papers. 5. During trial the prosecution has examined as many as 24 witnesses and the defence did not examine any......nt: M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Division Bench of the High Court Division in Death Reference..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
..... Ruhul Amin J.- The appeal by the defendant by leave is directed against the judgment dated December 3, 1998 of a Single Bench of the High Court Division in Civil Revision No.2824 of 1997 making absolute the Rule obtained against the judgment and decree dated March 27, 1997 of the 5th Court of A......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......ab the Government's property plaintiff has filed the suit making untrue statements as well as on the basis of manufactured papers and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit on the findings that no evidence has been lead from the defendants' si......on (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Rajshahi and others…………..Appellant Vs Md. Abdul Jabbar Sheikh&helli..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
.... Mohammad Fazlul Karim J. – The petitioners seek leave to appeal against the judgment and order dated 11.08.2002 passed in Civil Revision No. 1670 of 1995 making the rule absolute setting aside the judgment and decree dated 26.2.1995 of the Subordinate Judge, First Court,......deemed to include the provisions set put in the First Schedule which enacts that the arbitrators shall make their award within four months after entering on the reference or after having been called upon to act by notice in writing from any party to the arbitration agreement or within such ......d that they did never appear before the arbitration proceeding nor submitted any statement or document and the Arbitrators did not serve any notice and also did not pass any award. 4. The trial Court decreed the suit making the award a rule of the Court. The appeal there from however wa......t Appellate Division (Civil) Present: Syed J. R. Mudussir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Ahmed Rashid and others………………Plaintiff Vs. Mohammad S..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....ment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88 of 1998 allowing the appeal in part ordering that the judgment and decree of the trial court so far as it relates to refusal to grant relief other than mandatory injunction, declaration reinst......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......nst the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88 of 1998 allowing the appeal in part ordering that the judgment and decree of the trial court so far as it relates to refusal to grant relief other than mandatory injunction, declar...... leave to Appeal No. 1812 of 2002 Judgment Md. Fazlul Karim J.- The petitioners seek leave to appeal against the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88..Category: Employment/Service Law | Date: | Hits: 136
22762275227222712270226922682264226322602256225422532252225122502247224622432240