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Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......pellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......of is death this Court was competent to sentence the appellants to suffer rigorous imprisonment for 7 (seven) years which being the legal sentence under section 201 of the Penal Code. 35. The moot question is, whether the awarding of sentence of 7(seven) years rigorous imprisonment to the appella..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....land of that plot and suit Plot No.125 with an area of 1.35 acres in his exclusive 'saham'. On 8-6-1936 Nizamuddin sold specified 0.65 acre of CS Plot No. 125 to Chuni Jamadar and remained in possession of the remaining 0.70 acre of the said plot. Chuni Jamadar sold his purchased 0.65 acre ......tioner as plaintiff instituted Title Suit No. 306 of 1989 and subsequently was renumbered as Title Suit No. 62 of 1996 in the 4th Court of Assistant Judge, Dhaka for partition of 0.65 acres of land out of 1.35 acres of Plot No. 125 of CS Khatian No.53 of Mouza Gajmahal, PS Mohammadpur, Dist...... Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..Category: Procedural Law | Date: | Hits: 86
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
.... Judge, Khulna in Title Suit No.207 of 1979 decreeing the same. The suit was for declaration of title as well as for a decree of permanent injunction restraining the defendants from disturbing the possession of the plaintiffs in the land in suit. 2. The plaintiffs filed the suit stating, ...... of 1979 decreeing the same. The suit was for declaration of title as well as for a decree of permanent injunction restraining the defendants from disturbing the possession of the plaintiffs in the land in suit. 2. The plaintiffs filed the suit stating, inter alia, that the land in suit b......e petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ..Category: Property Law | Date: | Hits: 27
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......se No. 70/88 Kali, TR 06/1989 on 27-2-1988 before the Upazila Magistrate, Kaliganj stating, inter alia, on 26-2-1988 at 10-00 AM he was plucking tamarind from the tamarind tree standing on his own land. PW 2, Sufia Khatun was collecting those from the ground. At that time PW 1 Saker Ali (an...... Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......Gopal Ghosh and Ranjit Kumar Ghosh created a kabala deed No. 4115 dated 30-6-1992 and another kabala deed No. 4129 dated 30-6-1992 by false personification and interpolation by inserting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisio......nal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......e Court rather a certified copy there of was filed. He further submits that in the case of Shamsuddin Ahmed Chowdhury vs. State reported in 49 DLR (AD) 159 , it was held that unless the document in question is filed in Court, the Court cannot make a complaint. Since in the instant case the alleged..Category: Criminal Law | Date: | Hits: 63
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....e. 2. The respondent Nos.1 to 216 as plaintiffs instituted Other Class Suit No.418 of 1978 (renumbered as Other Class Suit No. 60 of 1993) for declaration of title and recovery of khas possession in the suit property stating, inter alia, that the suit properties were granted permanen...... declaration of title and recovery of khas possession in the suit property stating, inter alia, that the suit properties were granted permanent lease in 1327 BS at annual rent of Taka 66/4/0 by ex-landlords Sree Provash Chandra Basak and others in favour of Nayebuddin Sarker and others and that......AD) (2008) 40. ......,760 whereas the valuation of the suit property would be more than Taka 10,00,000 (ten lac) and that the jurisdiction of the Court of Joint District Judge, where the suit was pending, was also questioned praying for transferring the suit to the Court of the learned Assistant Judge of compete..Category: Property Law | Date: | Hits: 22
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......urt Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Moulana Delwar Hosain Saydee………………&hel...... of the fact that there was no pleading as to wrong counting of ballots in Char Baleswar polling station and the point at issue and the decision given by the learned Election Tribunal being on the question whether existence of part of the official mark on the ballot was sufficient to take it as ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ...... with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......f the next committee and measures for their infraction. Articles 23 and 36 are the two articles which cover this contingency. A detailed reference to them at this stage is not called for, because the question of jurisdiction of the District Judge is in question. The Committee was constituted somet..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ...... the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......must not reject a nomination paper on the ground of any defect which is not of substantial nature, on the contrary he must allow such defect to be remedied forthwith. Without entering into the question whether the omission to mention the correct number of ware on the nomination paper was a ..Category: Election Law | Date: | Hits: 114
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ...... Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ...... of Bangladesh, High Court Division in Criminal Revision Nos. 235 and 236 of 1973). Judgment Kemaluddin Hossain J.- These two appeals are heard analogously as a common question of law is involved in them. The question involved in these appeals is covered by the decis..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......ents Judgment June 27, 1977. Case Referred to: Cricklewood Property & Investment Trust Ltd. and others Vs. Leightons Investment Trust Ltd. Reported in 1954 (1) All England Law Reports 252. Lawyers Involved: B. N. Chowdhury, Advocate instructed by Abdu......sult. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......r level nor there was water logging in the fisheries concerned due to placing of bunds either at Kamail Kara or at any other point as Ramail Kara was not the only water outlet from the fisheries in question to the Telikhal nor that the water from the fisheries concerned flowed down Ramail K..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
.... of the same for one year, that is, 1-1-67 to 31-12-1967. Ultimately the property was released from the list of enemy property on the prayer of the plaintiff, Amal Kumar Moitra, However, continued in possession of the House and in the recent record of rights the name of Shanti Sudha Moitra was menti......115 of the Code of Civil Procedure. 3. Respondent No. 1 instituted a suit being title suit No. 673 of 1969in the Court of 1st Munsif, Kushtia for declaration of title in respect of the entire suit land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal......ourt is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......On perusal of the judgment of the Single Judge out of which the present appeal arises, it appears that the grievance of the appellant in genuine. The learned Judge practically decided some of the questions involved in the suit. The learned Munsif while considering the merit of the application ..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....wo suits denying the relationship of land lord and tenant between them and contending, inter alia, that he had acquired non-agricultural tenancy right in the land of the said premise; by the peaceful possession of the said land for more than 12 years in exercise of his right as a non-agricultural te...... a certain premises on the allegation that the petitioner was a monthly tenant under the Respondents in respect o the said premises. The petitioner contested the two suits denying the relationship of land lord and tenant between them and contending, inter alia, that he had acquired non-agricultural ......el. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......nt. It was also submitted that having regard to the provisions of section 23 of the Small Causes Courts Act, the learned Small Cause Court Judge committed an error in having gone into the complicated question of title which was involved in the suit. The further contention raised before the High Cour..Category: Tenancy Law | Date: | Hits: 163
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....roperty. It is to be noted that the respondent filed a suit being Title Suit No. 69 of 1956 in First Court of the Subordinate Judge, Dacca, for establishment of this title to and recovery of possession of certain landed property. The suit was decreed and thereafter the defendant prefe......to be noted that the respondent filed a suit being Title Suit No. 69 of 1956 in First Court of the Subordinate Judge, Dacca, for establishment of this title to and recovery of possession of certain landed property. The suit was decreed and thereafter the defendant preferred an appeal being F...... DLR (SC) (1978) 222. ......n affidavit in opposition was, however, filed by one Mr. Nurul Huda, a constituted Attorney of the respondent Abani on 30-10-70 denying the death of Respondent Abani, and stating that there was no question of abatement of the appeal and as such there was no necessity for substitution of the heir..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....ffect the right or interest of any person in any property which before the commencement of this regulation, has been actually and effectively restored or transferred to such person by delivery of possession or other appropriate means in pursuance of such judgment, decision, decree, writ, inj......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......ccordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......n No. 171 of 1977 arises from the judgment and order of the Division Bench of the High Court passed in Writ Petition No. 82 of 1977 on June 21, 1977, discharging the Rule on the ground that as the question whether the properly involved was abandoned property within meaning of the Aband..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......erfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ...... merely words in banking parlance. The reply of the Bank with the words "refer to drawer" mean and indicate that the bank is unable to honour the cheque as there is shortage of fund in the account in question.………………………….(13 & 14) The Negotiable Instruments Act, 1881 (Act N..Category: Criminal Law | Date: | Hits: 138
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned 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. ....... 2, as informant, lodged FIR before Nazirpur Police Station stating that on 9-5-1998 at 6-00 AM the accused petitioner and others forming unlawful assembly with deadly weapons entered the schedule land and cut and took away ripe paddy valued at Taka 1,25,000 and on getting the information when ......on of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ned 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. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ...... This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......ditions of the service which are amenable within the jurisdiction of the Administrative Tribunal ousting the writ jurisdiction of the High Court Division, inasmuch as no disputed question of fact as sought to be raised by the writ petitioner could be resolved by the High Court..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......lvi Muhammad Jamil PLD 1965 (SC) 681; Maxwell on Interpretation of Statutes, 1962 Edition, pp.212,216 and 217 Crawford on Statutory Construction, 1940 Edition, page 568 and 648, Halsbury's Laws of England, Vol. 36, Third Edition, pp. 423 and 426, Craies on Statute Law, Fifth Edition, pp. 370 and 371...... Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ...... can be tried under the said Rules. Neither the Emergency Power Ordinance nor the Rules created those offences. Section 385 has been brought under rule 14 only for the purpose of trial. Therefore the question of violation of Article 35(1) of the Constitution does not arise………………………..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......gainst is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......sion is to- (a) ascertain whether the papers are necessary for proper adjudication of the issues involved in the writ petition; (b) if it decides in the affirmative, decide the question of possible injury to public interest which may result from the disclosure of such documen..Category: Constitutional Law | Date: | Hits: 124
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