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Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....ed Advocate for the respondent. He has submitted that the respondent will be ready to furnish proper security for refund of the amount in case the ultimate result of the appeal goes against him so that the appellant may get back his money without facing any difficulty. 4. In these circums......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ...... at the rate of 3%, within six months, but on the expiry of this period the amount was not repaid in spite of repeated takids. The transaction of loan was denied by the appellant, but on evidence the trial Court decreed the suit for this amount along with interest. The decree has been challenged in ......of the High Court Division is modifie. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 5 Out of the decretal amount Tk. One lac is to be paid to the respondent within two months and the respondent shall furnish security to refund of the amount whenever required and in such mann..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....-agricultural land which he was holding since 1939 was not 'comprised in any tenancy'. The question of counting 12 years from 1934 does not arise at all. With the death of Raj Kumar in 1939 his successors-in-interest became simply trespassers………..(14) Title by adverse possession has to be s......ttlement has not been proved, but it conferred' title on the appellant on a gratuitous finding of adverse possession in his favour, unwarranted by pleadings. This gratuitous conferment of title was uncalled for in a suit for partition where the plaintiff’s claim of title is to be looked into incid......-in-interest became simply trespassers………..(14) Title by adverse possession has to be specifically pleaded and proved. The appellant's case was one of acquisition of title by settlement. The trial Court found that the case of settlement has not been proved, but it conferred' title on the ap......ents Judgment February 15,1990. Result: The appeal is dismissed. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), sections 7 & 88 Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, ..Category: Tenancy Law | Date: | Hits: 169
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....d three other Officers of the Government seek leave to appeal against the judgment and order dated 13.12.2004 passed by the High Court Division in Civil Revision No. 4504 of 2004 making the rule absolute. 2. Facts revealed in the leave petition, in short, are that petitioner Nos.1-3 insti......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......re Praying for temporary injunction against the defendant restraining them from entering into the suit land by force or from constructing boundary wall or cutting away trees from the suit land. The trial court by order dated 9.11.2002 issued notice upon the defendants and ad-interim injunction w......im J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Divisional Forest Officer, Dhaka Forest Division, Forest Bhaban, Gulshan Street, Mohakhali, Dhaka, and others ............petitioners Vs. Zahid Maleque and another...........Respondent ..Category: Property Law | Date: | Hits: 48
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....al No. 175 of 1970 allowing the same upon setting aside the judgment and decree dated June 23, 1970 of the Court of Subordinate Judge (now Joint District Judge) Rangpur in Other Suit No. 45 of 1968 so far the same relates to the land described in schedule 'Kha' and 'Ga' of the plaint. The aforem......ivision in arriving at the aforesaid finding i.e. the Ext.1 is a complete sale deed and thereby created right in respect of the land so transferred in favour of Tofazzal Hossain, no interference is called for with the judgment of the High Court Division. The learned Counsel in continuation of th......orementioned suit was filed seeking declaration of title in respect of the land of schedule 'Ka' of Mouza Sonatala and as regard the land of schedule 'Kha and 'Ga' of Mouza Sandalpur. 2. The trial Court decreed the suit in respect of the land of 'Ka' schedule and dismissed the suit as rega......: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....fiqul Majid Pintu alias Pintu seeks leave to appeal against the judgment and order dated 23.08.2003 passed by the High Court Division disposing of Criminal Miscellaneous Case No. 5462 of 2002 with some observations and directions upon the learned Judge of the Nari-O-Shishu Nirjatan Daman Tribuna......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......d under Sections 9(1) and 10 read with Section 30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 and after investigation charge sheet was submitted accordingly and the case being sent for trial the learned Judge of the Tribunal framed charge against the accused petitioner and others un......e, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 93 of 2004 (From the Judgment and Order dated 23. 08. 2004 passed by the High Court Division in Criminal Miscellaneous Case No. 5..Category: Criminal Law | Date: | Hits: 52
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....na in Special Tribunal Case Number 70 of 1991 convicting the accused respondent under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and sentencing him to suffer Imprisonment for life and also to pay a fine of Tk. 5,000/- in default to suffer rigorous imprison......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......rent Punishment) Ordinance, 1983 (Ordinance No. LX of 1983). The learned Judge of the Special Tribunal Number 2, Khulna framed charge under section 6 of the Ordinance No. LX of 1983. In course of trial the prosecution examined 12 witnesses and the defence examined none. Defence case was that Mo...... Md. Tafazzul Islam J Amirul Kabir Chowdhury J Miah Mojibur Rahman……………….Petitioner Vs. Khondoker Nazmul Haque (Chiru) and others………………Respondents Judgment Decemb..Category: Procedural Law | Date: | Hits: 100
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....g away his daughter Hasina Begum (18 1/2) and thus dragged her catching hold of her hand and hair and that while he obstructed he was assaulted by them and then there were about 7/8 persons being armed with deadly weapons standing outside and that the miscreants took her away by forc......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......harge sheet was submitted on 30.4.1995 against the petitioners and others under Section 4(b) (c) and Section 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983.The Case being sent for trial the accused petitioners were allowed bail. The Tribunal fixed 06.09.1998 for hearing as to fr......llate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Sirajul Islam and others……………………….Petitioners ..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
.... Nirjatan Damon Ain, 2000 (in short Ain) by the learned Judge Nari-O-Shishu Nirjatan Damon Bishes Adalat-2, Dhaka on 15-05-2002 convicting him under Section 7 of the Ain and sentencing him to imprisonment for life and to pay fine of TK. 5,000/- in default, to suffer rigorous imprisonment fo...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......ormation Report on the basis of which Uttara P.S. Case No.32 dated 13.03.2000 was started against the accused respondent and after investigation charge sheet was submitted. The case being sent for trial, the learned Judge, Nari-O-Shishu Nirjatan Damon Bishes Adalat-2, Dhaka convicted and sentenc......al, instructed by Md. Sajjadul Huq, Advocate- on-Record-For the Petitioner Not Represented-Respondent. Criminal Petition for Leave to Appeal No. 207 of 2003. (From the Judgment and Order dated 03.08.2003 passed by the High Court Division in Jail Appeal No. 368 of 2003) ..Category: Criminal Law | Date: | Hits: 34
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....strict Bureau of Anti-corruption, Dhaka lodged a First Information Report with Ramna Police Station on 05.12.1993 against the accused petitioner and others stating, inter alia, that the accused persons in collusion with each other through forgery created records in the name of a false and non-ex......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......e Penal Code. After investigation charge sheet was submitted against the petitioner and three others under Sections 406/468/468/471/109 of the Penal Code on 16.05.1999. The case being sent for trial the learned Metropolitan magistrate heard the parties and by order dated 20.01.2002 fram...... Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 205 of 2003 (From the Judgment and Order dated 02.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No.7081..Category: Criminal Law | Date: | Hits: 57
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.... The Petitioner filed application for bail before the Tribunal on 14.10.2002 which being rejected, he moved the High court Division in Criminal Appeal No. 3161 of 2002 and the High Court Division also dismissed the appeal on 27-11-2002 but made an observation directing the Tribunal to concl...... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ......roduced before the court and has been in custody since then and that the case being transferred to Nari-O-Shishu Nirjatan Daman Bishesh Adalat the said court took cognizance and the trial of the case started. The prosecution already examined one witness and the Tribunal summo......azlul Karim J Amirul Kabir Chowdhury J Md. Harun-or-Rashid @ Harun………………………Petitioner Vs. Md. Halim Uddin and another…………………………Responden..Category: Criminal Law | Date: | Hits: 41
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....hy;ment and order dated 4.6.1996 passed by a learned Single Judge of the High Court Division in Civil Revision No. 3283 of 1991 (Dhaka) / (Civil Revision No. 128 of 1990 (Barisal) making the Rule absolute in part, thereby setting aside the judgment and decree dated 9.9.1990 passed by the Subordi...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......mpugned orders dated 21 October 1979 and 22 May 1982 were illegal. Consequently he decreed the suit. 5. Defendant No.6 preferred an appeal and the appellate court set aside the decree of the trial court holding that the plaintiff acquired no title to the disputed land on the basis of his ......; Not represented- Respondent Nos. 2-6. Civil Appeal No.73 of 1998 (From the judgment and order dated 4 June 1996 passed by the High Court Division in Civil Revision No.3283 of 1991 (Dh..Category: Property Law | Date: | Hits: 35
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....s appeal by leave by the tenant-appellant is from the judgment and order dated 7-2-93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 705 of 1991 making the Rule absolute and setting aside the judgment and decree dated 28-7-90 passed by the learned S.C.C. Judge a......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......the Rule absolute and setting aside the judgment and decree dated 28-7-90 passed by the learned S.C.C. Judge and Senior Assistant Judge, 1st Court, Dhaka in S.C.C. Suit No. 160 of 1985 in which the trial Court dismissed the suit for eviction of the appellant from the suit premises. 2.......onzur Murshed .............................Appellant Vs Humayun Majid ..............................Respondent Judgment January15, 1995. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Md. Ruhul Amin J.- The appeal, by leave, by the defendant is directed against the judgment dated July 10,2001 of a Single Bench of the High Court Division in civil Revision No.1751 of 1999 making absolute the Rule obtained against the judgment and decree dated November 5,1998 of the 1st Court of S...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......uit is liable to be dismissed. It may be mentioned although Government filed written statement but did not examine any witness, but cross-examined the witnesses examined by the plaintiff. 4. The trial Court decreed the suit on the findings that the suit is not barred by limitation and the sam......Amin J Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jamalpur............................Appellant Vs. Mst. Saleha Khatun and others ................Respondents Judgment July 31, 2006. Result: The appeal is al..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
.... that his father late Mandar Mondal was the owner in possession of the disputed land measuring 2.07 acres and his name was duly recorded in S. A. khatians and he died leaving behind his wife and also the plaintiff who at that time was minor being aged about % months; subsequently the mother......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......the exparte decree contending that not being notified about the filing of the above suit through proper service of summons, they could not appear in the suit and in the above circumstances the trial court on 29.11.89 decreed the suit exparte. The defendant/petitioner, after coming to know ab......d. ..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....h the summons of Miscellaneous Case No. 18 of 1992 filed on September 20, 1992. The Miscellaneous Case was filed seeking pre-emption as contiguous land holder of the land transferred by the kabala sought to be declared as forged, fabricated and void. 3. The suit was filed stating, inter al...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......ee dated June 29, 1999 of the Court of Additional District Judge, Moulvibazar in Title Appeal No. 54 of 1995 allowing the same and thereupon dismissing the suit being Title Suit No.32 of 1993. The trial Court by the judgment and decree dated February 23, 1995 decreed the Title Suit No.32 of 199......Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Aslam Khan .................Appellant Vs Haji Abdur Rahim and others .........Respondents Judgment June 18, 2006. Cases Referred to- ..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....ing on a totally extraneous matter unrelated to the contending issues between the parties. After hearing the parties, we have found with regret that the matter has been dealt with in an absolutely misconceived manner and even without noticing a palpable fact on record causing misc......pment Officer, Savar Upazila Central Co-operative Association upon averments, inter alia, that he was appointed as Thana Project Officer under the Bangladesh Palli Unnayan Sangstha (BPUS) otherwise called Integrated Rural Development Board (IRDB) now Bangladesh Rural Development Board (BRDB) in ......e. The authority on careful consideration of the report of the enquiry committee and his past service record found him guilty of the charges and removed him legally from service. 4. The trial Court decreed the suit on 24.8.1986 whereupon the defendant-appellants preferred Title A......M. Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh Rural Development Board and others …………….Appellants. Vs. Md. Idris Ali Ako..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....d 18 and 20 August 2003 passed by the Company Judge of the High Court Division in Company Matter No. 71 of 2001. 2. The petitioner in Civil Petition No. 20 of 2004 have impugned the said judgment so far it relates to not give any relief to the petitioners in respect of Tk. 2,00,22,000/- admitt...... any monitory transaction with any body in connection with the share capital and the alleged letter of authority dated 06.06.2000 was not a legal document, having legal value. In any case the said so-called letter of authority never authorized any body to make financial transaction with anybody. T......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ound in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
....Case No.43 of 1992, found guilty under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and accused Sekander Ali Howlader and Abdul Barek Akon were sentenced to rigorous imprisonment for four months and a fine of TK. 5,000/- each in default to rigorous imprisonment for one ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......dence of the Investigating Officer that the accused had deposited TK. 17,500/- in the name of the Samity after the institution of the case. As regards the balance, they produced some papers at the trial showing deposit of the balance amount also. The learned Special Judge said in his judgment: ......e Division (Criminal) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sekander Ali Howlader and others.........Accused-Appellant (In Criminal Appeal No. 4 of 1997) ..Category: Criminal Law | Date: | Hits: 44
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....t Rokanuddin Sheikh preferred this appeal against the judgment and order dated 24.04.2000 passed by a Single Bench of the High Court Division in Criminal Revision No. 667 of 1997 making the rule absolute in part maintaining conviction of the appellant under sections 467/468/109 of the Penal Code......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ...... August 1, 2006 Lawyers Involved: Shamsul Huda Manik, Advocate instructed by Md. A/tab Hossain, Advocate-on-Record-For the Appellant Golam Kibria, Deputy Attorney General, (Khandker Gulzar Hossain, Deputy Attorney General with him) instructed by Mrs. Sufia Khatun, Advocate-..Category: Criminal Law | Date: | Hits: 31
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....ons Judge, Comilla examined witnesses and convicted accused petitioner Zakir Hossain and co-accused Ohidul Alam under Section 19A of the Arms Act and sentenced each of them to suffer rigorous imprisonment for 12(twelve) years while co-accused Babul was convicted under Section 19 (f) of the said ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......f Comilla and a First Information Report was lodged to the effect by Sub-inspector Jahidul Haque (P.W.I) and that after investigation charge sheet was submitted accordingly. The case being sent for trial, the learned Special Tribunal No.6 and Additional Sessions Judge, Comilla examined witnesses ......J Md. Zakir Hossain ..............Petitioner Vs. The State ........................Respondent Judgment November 16, 2005. Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner ..Category: Criminal Law | Date: | Hits: 55
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