Search Options
Judgment Advanced Search
Displaying 4841-4860 of 4866 results.
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....possessing the suit property. The plaintiff created forged and fabricated kabala deed in respect of the suit property showing Romesh Chandra as executant. In fact Romesh Chandra had no right, title or possession in the suit property. The plaintiff could not claim any right, title and ......h Court Division in Civil Revision Nos. 4183 and 4184 of 1996. Both the appeals were heard together and are disposed of by this judgment. 2. The petitioner as plaintiff in Civil Petition for Leave to Appeal No. 836 of 1998 instituted Title Suit No. 222 of 1992 in the Court of Senior Ass......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......successfully contested the suit up to the appellate stage and in his presence Title Suit No. 90 of 1986 was decreed declaring plaintiff's title in the suit land. These facts are not disputed. The trial Court in the judgment of Title Suit No. 90 of 1986 stated that there was local investigat..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....ubsequently they settled the suit lands in favour of the plaintiff respondent Nos. 1 and 2 and one Boyezuddin Mollah by way of korfa pattan on 15th Kartick, 1357 B.S. The S.A. and R.S. record of rights being S.A. Khatian No. 384 and R.S. Khatian No. 17 were prepared and correctly published......ion in Civil Revision No. 1998 of 1999 making the Rule absolute. 2. Short facts are that the predecessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Gove......n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ...... in respect of the suit land was prepared in the name of the plaintiffs earlier but later on R.S. Khatian No. 82 for the suit land was also prepared in the name of the defendants. 10. The trial court held that the plaintiffs could not file any pattannama in their favour ..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....spose of the said application nor did he pass any positive order regarding the prayer of the respondent. Mr. Bhuiyan therefore argued that the learned Single Judge of the High Court Division has rightly made the Rule absolute by remanding the case to the appellate court below for disposing of t......plication dated 20-4-1995 and thereafter to dispose of the case according to law. 2. In this appeal, leave was granted in the following terms: - "Mr. Mahbubey Alam, the learned Advocate for the petitioners, submits that the pre-emptor-respondent himself give up his case for supply......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......self filed a subsequent application on 25-04-1996 before the appellate court giving a good-bye to his earlier prayer made by application dated 20-04-1995 and prayed for remanding the case to the trial court. Mr. Khan argued that in the above circumstances the pre-emptor respondent can hard..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
.... seeking declaration that the properties described in the schedule attached to the plaint are properties of the Waqf Estate, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Nazar and other dona......he Waqf Estate, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Nazar and other donations and also for a direction upon the respondent No. 5 (defendant No. 10 in the suit) to hand over cash and kind ......bmitted that the order of the respondent No. 1 dated 22.07.1999 gave rise to a fresh cause of action and the order being an order passed by a person performing functions in connection with the affairs of the Republic, the aggrieved person could seek remedy as against the said order under Articl......o right to receive money of Mazar Sharif. 5. The suit of the respondent Nos. 3 and 4 was dismissed and the suit of the present appellant and others was decreed. As against the judgments of the trial court respondent Nos. 3 and 4 filed Other Appeal Nos. 31 and 30 of 1994 respectively before th..Category: Property Law | Date: | Hits: 57
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ...... 23rd June 2004 Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record- For the petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 124 Of 2001 (From the Judgment and Order dated 11.04.2000 passed by the H......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ...... accepted the charge sheets and the petitioner has been allowed bail by the learned Sessions Judge and the cases have been transferred to the learned Divisional Special Judge, Adamdighi, Rajshahi for trial. 3. The petitioner filed an application before the High Court Division under Section 561A ..Category: Anti-Corruption Laws | Date: | Hits: 94
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......hchu and that they requested him to visit the house of accused Abdur Rashid and proposed marriage of his sister-in-law with A. K. M. Amirul Alam and also gave a proposal to invest Tk. 3,00,000/- for manpower business and aforesaid A. K. M. Amirul Alam agreed and paid Tk. 55,000/- on 08.03.......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......t Abul Kalam was privy to the offence. After investigation charge sheet was submitted accordingly against the accused including the respondent Abul Kalam. 3. The case being sent for trial, the Additional Sessions Judge framed charge against eight accused including the responde..Category: Criminal Law | Date: | Hits: 92
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......er Vs. The State..........................Respondent Lawyers Involved: Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent. Criminal Petition for Leave to Appeal No. 49 of 2001 (From the Judgment and Order dated 06-04-2000 passed by the High......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......S) Case No. 11 dated 22-12-1991 was started. 3. Police, upon the said F. I. R took up the investigation of the case and thereafter submitted charge sheet under the aforesaid sections and trial was held in his absence and after the trial the learned Sessions Judge and Special Tribunal Ju..Category: Criminal Law | Date: | Hits: 89
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....g that the prosecution has been able to prove occurrence and the direct participation of the petitioners in the incident leading to death of Rafatullah. The High Court Division, in our view, has rightly made the following observation: "We have already found earlier that the prosecu...... Syed J R Mudassir Husain J.- This Criminal Petition for leave to appeal is directed against the judgment and order dated 19-04-2001 passed by a Division......We have already found earlier that the prosecution has been able to prove the presence of the accused appellants in the early morning near a 'Pan Boroj' where there is no locality. So, in all fairness it can be said that the prosecution case has been able to prove the assembly of the accused...... F.I.R, the police took up investigation and thereafter submitted charge-sheet against 25 accused-persons including the present petitioners under sections 302/34 of the Penal Code. 4. The trial court, upon consideration of evidence on record and under the facts and circumstances of the c..Category: Criminal Law | Date: | Hits: 99
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......te................................Respondent Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-Petitioners. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 80 of 2001. (From the Judgment and Order dated 4/5-2-2001. Passed by the Hi......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......y in the jute field. 4. The police after investigation submitted charge-sheet against the petitioners and others on 3-2-94 under sections 302/201/34 of the Penal Code and they were put on trial. The Sessions Judge, Rajbari framed Charge-against the petitioners under Section 302/34 and 20..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
.... of Forensic Medicine Department, Sylhet M.A.G. Osmani Medical College & Hospital held autopsy over the dead body of the deceased and found (1) One healed stitched wound (oblique) on front of the right parietal bone measuring 1" in length. (2) Three abreasion marks on anterior aspect of lef......Sessions Case No. 42 of 1994 altering conviction of the appellant under section 304 Part-1 of the Penal Code to a conviction under section 324 of the Penal Code and modifying sentence of imprisonment for 2(two) years with a fine of Tk. 500/- in place of rigorous imprisonment for 10(ten) years a......g men. They are, therefore, lethal weapons for the purpose of this section." 13. It is to be mentioned here that in this case the conduct of the investigating agency is not fair. It appears that as many as four Investigating Officers including one Assistant Police Co......n the above allegations the informant lodged an F.I.R. Police on completion of investigation submitted charge sheet against accused Mashuq Mia and others. The accused persons were placed on trial before the learned Additional Sessions Judge, 3rd Court, Sylhet in Session Case No. 42 of 1994..Category: Criminal Law | Date: | Hits: 95
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
.... suit lands and the defendants denied their title on the plea of settlement taken by Mojibur Rahman predecessor of the aforesaid defendants and that the defendants wrongly prepared the record of rights in their names. The defendant Nos. 1, 2, 4 and 5 contested the suit by filing a joint written......n the defendant appellants preferred this appeal. 2. The facts, in short, are that the plaintiff respondents filed Title Suit No. 175 of 1985 in the Court of Assistant Judge, Jhenaidha praying for declaration of their title and confirmation of possession and alleging dispossession from the su......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......of the suit land. 3. The learned Assistant Judge, Jhenidah dismissed Title Suit No. 175 of 1985 on 27.03.1991. On appeal, the learned District Judge, Jhenidah affirmed the judgment of the trial court in Title Appeal No. 55 of 1991 on 14.03.1992 holding that the plaintiffs failed to prove..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....sp; Court cannot disentitle the plaintiff of a decree for permanent injunction if he can prove possession and could not be evicted with force except in due course of law and can exercise his right of possession restraining everybody including the real owner. In a suit for permanent injunc...... Judgment 20 November 2001. The Specific Relief Act, 1877 (I of 1877), Section 54 Court cannot disentitle the plaintiff of a decree for permanent injunction if he can prove possession and could not be evicted with force except in d......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......le owner of the disputed land and they have become the owners whereof by purchase from the heirs of Chand Mia. They also claim that they have possession in the disputed land. 4. The trial Court decreed the suit holding, inter alia, that Jalal Ahmed acquired title to the disput..Category: Property Law | Date: | Hits: 43
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....n of the evidence on record held, inter alia, that the plaintiff was a national of Bangladesh and he was stranded in Pakistan and therefore his temporary absence from the country cannot take away his right to enjoy his properties; that defendant No. 3 has failed to show that it has correctly declare...... No. 40 of 1985 reversing the judgment and decree dated 27.11.85 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 316 of 1981. 2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a ......y birth was never taken away, nor the Government formed any opinion that his absence from the country was for the purpose of activities prejudicial to the state; that the Ministry of Home Affairs granted him a nationality certificate on 31.8.1980 under Article 4 of the Bangladesh Citizensh......school started there with effect from 1.1.74; that the appellant was issued the certificate of citizenship, which is effective from the date of issuance of the certificate on 31.8.1980. 5. The trial court on a discussion of the evidence on record held, inter alia, that the plaintiff was a nat..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....Nazir Ahmed sold his share to plaintiff No. 1 and Anwar Ahmed and Abul Hossain sold their shares to plaintiff No. 4 in Diara settlement when the name of Munsur Ahmed was not recorded in the record of rights, he filed the suit in the court of Assistant Judge, Sadar Upazilla vide Title Suit No. 23 of ......nt Syed J. R. Mudassir Husain J: - This appeal is from the leave granted by this Division in civil petition for leave to Appeal No. 654 of 1999 filed against the judgment and order dated 8.3.1999 passed by th......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......shy;tuted Title Suit No. 254 of 1959 which was dismissed on 12.12.195. These defendants denied right and title of the plaintiff. 7. Considering the materials on record of the parties the trial court dismissed the suit of the plaintiffs. Against the judgment and decree of the Trial Court..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....ion made in the complaint petition disclosing some offence. 6. In such view of the matter, there is no scope for quashing the proceeding and the learned Judges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. ......ers Involved: Shamsul Huda Manik, Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented- Respondents. Criminal Petition for Leave to Appeal No. 81 of 2002. (From the judgment and order dated 28th April, 2002 passed by t......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ...... Court Division regarding the charge under Section 379 of the Penal Code. It appears from the petition of complaint that the complainant made several allegations constituting various offences and the trial Court on consideration of the materials already framed charge. Before taking evidence it ..Category: Procedural Law | Date: | Hits: 104
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....n "as is where is" basis and by failing to lift the goods even though the defendant extended the time for performance the plaintiff kept the contract alive and allowed the defendant to rightly forfeit the earnest money and the money subsequently deposited which the 'plaintiff cann...... No.3. Dhaka, in Money Suit No. 132 of 1991 who dismissed the suit and the cross objection of the defendant appellant. 2. The facts, in short, are that the plaintiff respondent filed the aforesaid Money Suit for refund of Tk.4.81,250/-paid to the defendant-petitioner for the price of cer......r 1986 that the defendant informed the plaintiff that their offer conveyed, in the aforesaid letter dated 26 October 1986 (exhibit-2) had been accepted by the bank's authority. In such state of affairs the submissions made by Mr. Shafique Ahmed that there was offer and acceptance between the par......00/- in re-selling the goods at a. reduced price arid the total loss of the defendant comes to Tk.20,31.872/- which the defendant claimed as a counter-claim. 5. The trial court found that there was a contract for sale of the goods on "as is where is" basi..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
.... 92 in exclusive possession of Nur Ali because of amicable partition. After the death of Abdur Rahim his only heir Iman Ali became owner in possession of said land and accordingly PS and BS record of rights were prepared in the name of Iman Ali. He possessed the land of plot No. 408 exclusively for ......bsp; M. M. Ruhul Amin, J:- This petition for leave to appeal is against the judgment and order dated 02.11.2003 passed by a Division Bench of...... eldest. Nur Ali died before R.S. operation leaving one wife Bibijan, two sons Abdur Rahman and Abdul Majid, two daughters Asiya Khatun and Ayeshsa Khatun. Abdul Majid was indifferent towards world affairs and Abdur Rahman was away from home in Burma. Consequently during RS survey Abdur Rahim got R.......ng. Similarly the plaintiffs are in possession of RS Plot No. 407. Both the lands are separate and the parties possess their land separately since long. Therefore, there is nothing for partition. The trial court on considering the materials on record decreed the suit in the preliminary form. On appe..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......al No. 45 of 1993 and Civil Appeal No. 86 of 1997. Since both the Review Petitions are between the same parties involving substantially the same facts and points of law, the same were taken up for hearing together and accordingly disposed of by this single judgment. 2. Civil Appeal No......as stranded there until he came back in Bangladesh in 1973 on Pakistani passport, which he surrendered and was given citizenship of Bangladesh and during his absence his son was managing the affairs of the industry when it was taken over by the Government; in that premises the Acting Presi&s......ibus-manner it was stated that the suit is not maintainable but the defendant did never agitate the issue nor cared to suggest an issue to that effect or that no issue was urged to be framed by the trial Court. The Court accordingly proceeded to hear the suit and same is the case in the appellate..Category: Property Law | Date: | Hits: 97
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......vocate-on-Record- For the Petitioner. A. J. Mohammad Ali, Attorney General, instructed by Zahirul Islam, Advocate-on-Record For the Respondent. Criminal Petition for Leave to Appeal No. 282 of 2004 (From the judgment and order dated 08.08.2004 passed by the Hig......commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......titioner and the supplementary charge sheet was accepted by the learned Magistrate who took cognizance against the accused petitioner along with other accused and the case has been sent for trial before the learned Sessions Judge, Comilla where it has been registered as Sessions Case No. 3..Category: Criminal Law | Date: | Hits: 103
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....n such confessional statement to convict accused Mafizuddin since the same has been recorded after detaining him in police custody beyond the period permitted by law. The High Court Division has rightly held that the confessional statement of accused Mafizuddin is not true and voluntary.&n......sp; M. M. Ruhul Amin, J.:- This petition for leave to appeal is directed against the judgment and order dated 15.02.2004 passed by a Division......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. ......mned 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 per..Category: Criminal Law | Date: | Hits: 83
369368365364363362361357355354350349345343341340337335332331