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Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
.... of first instance. 7. The only point for determination in this Rule is, whether the court of Appeal below committed any error of law resulting in an error in the decision occasioning failure of justice. 8. At the outset Garib Nawar, the learned Advocate appearing for the pre-emptee petition....... 1 is not a co-sharer in the land under pre-emption. 6. On appeal, the lower Appellate Court took a contrary view and found that the pre-emptor opposite party No. 1 is a co-sharer in the land and accordingly, the court of Appeal below allowed the appeal and the pre-emption Miscellaneous case by ......ith Md Ali Jinnah, Advocates—For the Opposite Party No. 1. Civil Revision No. 3107 of 2003. Judgment Moyeenul Islam Chowdhury J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 29-5-2003 passed by the Joint District......scellaneous case by reversing the judgment and order of the Court of first instance. 7. The only point for determination in this Rule is, whether the court of Appeal below committed any error of law resulting in an error in the decision occasioning failure of justice. 8. At the outset Garib ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....r. Khan lastly submits that the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 11. Mr. Abdur Razzaq, Senior Advocate appearing with Mr. Mohammad Hossain, the lear......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......against the judgment and decree dated 24-11-1998 passed by Mr. Md. Ali Haider, Subordinate Judge, First Court, Dhaka, in Title Suit No. 294 of 1996 decreeing the suit. 2. Short facts leading to this appeal are, that on 26-11-1996 the respondent as plaintiff filed a suit being Title Suit No.......9 of the Town Improvement Act, 1953 was served to defendant before institution of the suit. Mr. Khan lastly submits that the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
....nable to accept the conclusion of the Courts below that the agreement which does not appear to be genuine has transformed the sale into a mortgage and such decision has no doubt occasioned failure of justice. 16. In the result, the Rule is made absolute without however, any order as to cost. ......ect of parties. But without entering into the merit of the case, the Court on the basis of an agreement found that the transaction was a mortgage within the meaning of section 95 A of the Act and was accordingly, barred under section 96-(10)(d) of the Act. On appeal therefrom at the instance of the ...... involved: Jafor Alim Khan, Advocate—For the Petitioner. Not Represented—the Opposite Parties. Civil Revision No. 4398 of 2002 Judgment MA Rashid J.- The pre-emptors obtained the Rule upon making a revision application under section 115(1) of the Code of Civil ......greement and submitted that in view of the facts that the agreement was unregistered and executed by opposite party Nos. 1 and 3 only and not by opposite party No. 2, both the Courts below erred in law in accepting such agreement as valid and contemporaneous to the sale deed to find the transact..Category: Property Law | Date: | Hits: 27
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......he judgment and order dated 16-2-2005 passed by the learned Joint District Judge, 2nd Court, Lalmonirhat in Other Suit (Partition No.1) of 2005 allowing the petition filed by the plaintiff-respondent to maintain status quo till disposal of the suit. 2. Fact necessary to dispose of this Miscel...... Ahmed vs. Rezia Begum and others reported in 1986 BLD 326. 4. On behalf of the respondent Nos. 10, 13 and 14, the learned Advocate Mr. MA Quayyum Chowdhury submitted that the principle of the law is, that if a co-sharer is in possession of specific portion of joint property he cannot be oust..Category: Property Law | Date: | Hits: 46
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ......rs………………………………………..…….. Opposite-Parties Judgment July 20, 2006. Cases Referred To- Narayanganj Paurashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak 46 DLR 295; Zakia Sul......ers 8 BLC 168. Therefore, the contention that objection as to maintainability of the suit has to be taken at the earliest opportunity does not stand to reason. Where there are mandatory provisions of law to be complied with before filing a suit, such provisions must be complied with before instituti..Category: Property Law | Date: | Hits: 25
Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)
....nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......State 1988 BLD 106; Nizam Hazari vs. State, 53 DLR 475. Lawyers involved: Md. Ayenuddin for Sk. Akhtarul Islam, Advocate —For the Convicted-Appellant-Petitioner. Fahima Nasrin, Assistant Attorney-General— For the State. Criminal Appeal No. 1245 of 1994. Judgment Md. Anwaral Haq......ing to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink; or (b) * * * * * 12. The above provisions of law clearly speaks that adulterated articles so far as to make such articles "noxious" as food or dr..Category: Criminal Law | Date: | Hits: 35
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......urs arrested the accused appellant in connection with Sutrapur Police Station Case No. 45(12)00. After interrogation the appellant confessed that there are arms and ammunition in his possession and accordingly, GD No. 135 was prepared by the informant. Thereafter, with the associate forces he rush......lilulla Salik vs. Md Rahmat Ullah 49 DLR 16; Abul Kashem vs. State 50 DLR 356, 551 and 515. Lawyers involved: ABM Bayezid, Advocate—For the Appellant. Nikhilesh Dutta, Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant Attorney-General—For the State-Respondent. ......es PWs 1 and 2 are the seizure list witnesses who proved the seizure list. Both of them were declared hostile and cross-examined by the prosecution. 19. PWs 3 to 11 are all the members of the law enforcing agency of whom PWs 4, 5,8,9,10 and 11 were tendered by the prosecution and some of the..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....he evidence and did not consider the material evidence on record while passing the impugned judgment and decree committing an error of law resulting in an error in the decision occasioning failure of justice. The learned Advocate refers the decision in the case of Sadek Ali vs Suruj Ali and others r...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......charged. Cases Referred To- Sadek Ali vs Suruj Ali and others 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; Government of Bangladesh represented b......efore this Court and obtained the present Rule. 13. Mr. Rabi Shanker Chakraborty on behalf of Mr. MA Latif Prodhan for the petitioner, submits that both the Courts below have committed an error of law in giving the status of an unregistered deed of gift dated 19-6-1948 into the status of a regist..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....s. He stated that he later found out that accused Roushan took his daughter to the turmeric field and forcibly raped her and that the accused subsequently confessed before the Magistrate. He demanded justice for the rape and murder of his daughter. In his cross-examination, he admitted that in the f......e Juvenile Court if he is found below 16 at the time of framing of the charge. If he is found to be 16 years of age the trial Court will proceed with Special Tribunal Case No. 12/93 and dispose it of accordingly." Per KM Hasan J (as he then was). In the later case of Monir Hossain, cited above, t......xas, 509 US 350, 359-362 (1993); Sheela Barse vs Secretary, Children's Aid Society and others, 1987 (3) SCC 50; Asiman Begum vs. State, 51 DLR (AD) 18. Lawyers involved: Fahima Nasrin, Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant Attorney-General—For the State-Petitioner. ......sed. He points out that admittedly the confession of the accused was recorded after keeping him in police custody for three days. Referring to Farid Karim vs. State, 45 DLR 171, he submits that the unlawful detention of the accused in police custody before recording his confession, rendered his stat..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....s that the learned Judge of the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Md. SM Shahjahan, the learned Advocate appearing for the plaintiff-respondent No......bmits that as per provisions under section 62 of the Contract Act if the parties agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed. So, according to him, the plaintiff misconceively instituted the instant suit for Specific Performance o......s directed against the judgment and decree dated 20-11-2002 passed by the learned Joint District Judge, First Court, Dhaka, in Title Suit No. 232 of 1999, decreeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 23......mir Hossain, the learned Advocate appearing with Mr. Shueb Ahmad, the learned Advocate for the appellant, supports the appeal and submits, that the learned Judge of the trial Court seriously erred in law to appreciate the real case of the defendant-appellant Nos. 1 and 2 and, as such the impugned ju..Category: Business or Commercial Law | Date: | Hits: 208
Abul Kalam Vs. State, 2005, 34 CLC (HCD)
....ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......e are led to the conclusion that the prosecution successfully proved the charge against the appellant beyond all reasonable doubt and the learned Judge of the trial Court rightly found him guilty and accordingly, convicted him. Thus the appeal having no merit fails. The impugned judgment and order o......pok Kumar Sarker vs. State, 40 DLR (AD) 139; State vs. Kalu Bepari, 43 DLR 249, Samsuddin vs. State 45 DLR 587. Lawyers involved: Not represented— the Appellant. Parvin Hannan, Assistant Attorney-General—For the Respondent-State. Criminal Appeal No. 422 of 1989. Judgment SM Zia......with accused Abul Kalam of village Bajechaulahati within Police station Monirampur, District-Jessore, during their wedlock one son named Joynal Abedin born. Accused Abul Kalam was the domestic son-in-law of PW 5, Md Ismail Dalder. Deceased Joynur Khatun along with her husband used to live in her par..Category: Criminal Law | Date: | Hits: 40
....e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
......amination hall, got the answer scripts written from outside by different hand and got those attached with the answer scripts. The petitioners were asked to submit their explanation within 10 days and accordingly, the petitioners submitted written explanations stating those allegations were false and......ination, National University, and others………..Respondents
Judgment
May 4, 2005.
Lawyers involved:
Md. Tajul Islam, Advocate—For the Petitioners
AHM Mushfiqur Rahman, Assistant Attorney-General — For the Respondents.
Md. Ruhul Amin Bhuiyan, Advocate — For Respondent Nos. ......তি: বি: পরী:/অনার্স-৩/২০০০/২০০১/২০০৩/১৮১৮ তারিখ ২০/৯/০৩ (Annexure C) should not be declared to have been passed without lawful authority and is of no legal effect.
2. The short facts of the petitioner's case are, that..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....ition stating, inter alia, that the writ petition is not maintainable in its present form. The respondent No. 2 employer have complied with the requirements of law including the principles of natural justice by affording the petitioner an opportunity of being heard and he was allowed examination and......on his behalf including himself. The petitioner put his signature in all the documents of the proceedings before the Enquiry Committee and the allegations raised against the petitioner was proved and accordingly, he was dismissed from service on 15-2-1997. At the time of dismissal of the petitioner ......r 1 MLR 199. Lawyers involved: Md. Nawab Ali, Advocate—For the Petitioner. Tufailur Rahman with Israt Jahan, Advocates—For the Respondent No. 2. Zaman Akhter, Deputy Attorney-General with Sk Taimur Reza Hasan, Assistant Attorney-General—For the Respondents. W...... the respondents to show cause as to why the decision and order of the Chairman of the Labour Court, Khulna passed in Case No, C9 of 1997 (Annexure-A) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ...... power of attorney sold at a value of Taka 2, 50,000.00 which the petitioner had taken and asked the respondent No. 2 to adjust this amount against the principal amount of loan. The respondent No. 2, accordingly, adjusted the said amount of Taka 2,50,000.00. The respondent No.2 earlier paid Taka 1, ......eement on 26-10-89 and subsequently, another agreement was also executed on 13-11-89 between the respondent No.2 and the petitioner. The petitioner has contended that the respondent company entered into an agreement being agreed by all its directors that an amount of Taka 5,00,000.00 is needed to in......y Law if money is required by the Company it may take it by way of issuing debenture and pay interest, etc. The company cannot make payment either by way of interest or otherwise unless sanctioned by law. Therefore, the agreements providing payment of Taka 10,000.00 per month to the petitioner is il..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....tle and possession in the suit property and, as such, some material facts were not correctly stated in the written statement and therefore some mistakes are necessary to be amended in the interest of justice otherwise, he will suffer irreparable loss and injury. 5. Plaintiff opposed the prayer fo......elevant facts, in short, are that the opposite party No. 3 (hereinafter called the plaintiff) as plaintiffs instituted partition suit No. 89 of 1996 praying for saham of ¼ share in the suit property according to partition deed No. 160 dated 23-12-1958. It is contended that on the basis of partiti...... Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7, 2006 Cases Referred to- Kazi Abdul Khaleque vs. Kazi Fazlur Rahman 34 DLR 278; Badhu and others vs. Ghulam Shah 15 DL......n dissatisfied with the opposite party No. 1, requested Meghna Petroleum to execute a new tenancy agreement with him for 1/4 his share of the suit land and thereafter also served a notice through his lawyer after expiry of tenancy agreement dated 31-10-1990 and, in fact, no tenancy agreement was e..Category: Property Law | Date: | Hits: 42
.... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......er cheque as security deposit, contemplated in section 42(1) of the Artha Rin Adalat Ain, 2003 (Act VIII of 03).
5. Mr. AKM Asiful Hoque, the learned Advocate for the petitioners, submits that according to the provision of Negotiable Instruments Act, 1881 since a cheque is a negotiable instru......…………………………………………………………Petitioners
Vs.
Additional District Judge, 1st Court, Dhaka and another…………Respondents
Judgment
October 19, 2006.
Cases Referred To-
Meerasahib Md. Kunjo vs. Padmanasah Iyer Harihara I......order No.36 dated 1-1-2006 passed by the respondent No. 1, the learned Additional District Judge, 1st Court, Dhaka in Artha Rin Appeal No. 1 of 2003 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to ac..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
....hat the learned Judge of the trial Court failed to weigh and sift the evidence on record as required under law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 11. Mr. Sheikh Rezaul Karim, the learned Assistant Attorney-General appearing on behalf ...... and rod blow upon the deceased and the other appellants also caused injuries upon PW 5, so the learned Judge of the trial Court after considering the evidence on record rightly found them guilty and accordingly, convicted them which calls for no interference by this Court. 12. To appreciate the......nts Vs. State..............Respondent Judgment February 13, 2006. Lawyers involved: SM Shahjahan for Abdul Malek, Advocate—For the Appellants. Sheikh Rezaul Karim, Assistant Attorney-General-For the Respondent. Criminal Appeal No. 1808 of 2002 with suo moto Rule No. 122 (R......ized from the place of occurrence which caste serious doubt upon prosecution case. He added that the learned Judge of the trial Court failed to weigh and sift the evidence on record as required under law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice..Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....nisance of the offence shall take step for trial in accordance with law. In view of the fact that this is a very old case and the accused are in custody, it is absolutely necessary in the interest of justice that it be disposed of with utmost expediency preferable within the stipulated period prescr......they narrated the occurrence to the inmates and disclosed about the recognition of the accused. She signed in naraji petition. She identified the accused on dock. In cross-examination she stated that according to their statements her Khalu lodged the First Information Report. After occurrence police......54 = 45 DLR (AD) 140. Lawyers involved: Khandker Mahbub Hossain, Senior Advocate with MB Taj Mohammad and Shah Mohammad Ali Advocates — For the Appellants. Sheikh Rezaul Karim, Assistant Attorney-General— For the Respondent. Criminal Appeal Nos. 4288, 3854 and 3713 of 2003. Judgme......icial Gazette can transfer the case from the Court of Sessions or Bishes Adalat or Magistrate to Druto Bichar Tribunal for trial. He adds that the Tribunal can only try the case but not authorised by law to take cognisance of the offence prescribed under Ain, 2000. He submits that the Nari-o-Shishu ..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......st illegally, relying on the perfunctory confessional statement of this appellant, passed the impugned Judgment which cannot be sustained in law. 14. Thirdly, the learned Advocate submits that according to the evidence and materials on record the accused appellant was not only a neighbour of ......State 1988 BLD 210; Ali Asgar vs. State 1986 BLD 436. Lawyers involved: AKM Shamsul Karim with Umme Salma, Advocates — For the Accused-Appellant. Md. Anisur Rahman, Assistant Attorney-General— For the State. Criminal Appeal No.991 of 1998. Judgment Shei......sed appellant but the learned Judge of the Bishes Adalat most illegally, relying on the perfunctory confessional statement of this appellant, passed the impugned Judgment which cannot be sustained in law. 14. Thirdly, the learned Advocate submits that according to the evidence and materials o..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....r passed by the trial Court was bad. both in fact and law, and was a product of mere surmises and conjectures with negligent appraisal of the evidence or record and thus caused a great miscarriage of justice and the sentence passed was too harsh, he had miserably failed to understand that there was ......de attempt to arrest the victim and the accused respectively and ultimately was successful. He stated that the victim desired to make statement under section 164 of the Code of Criminal Procedure and accordingly, she was sent to the Magistrate for the purpose. 22. That after the investigation......eikh Abdul Awal J Jugal Kumar Das (Shovon Ahmed)………….. .Appellant Vs. State......................…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. ......osition of the witnesses and other materials on record as well as the impugned judgment. He thereafter, submits that the accused appellant has wrongly been implicated in various sections of concerned law but the prosecution had miserably failed to prove those charges. He submits that the impugned ju..Category: Criminal Law | Date: | Hits: 40
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