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Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....Moklesur Rahman in respect of plot No. 10 under khatian No. 555 of mouza Durgapur under Kendua Police Station. During the tenure of the mortgage informant Syed Mozaharul Haque purchased the mortgaged land in the month of Chaitra, 1390 BS from mortgagee Moklesur Rahman, who paid the mortgage money to......ellip;…………......................... Respondent Judgment February 6, 2002. Result: The appeal is allowed. Lawyers Involved: Not represented—the Appellant. Sk Rezaul Karim, Assistant Attorney-General — For the State. Crim......ode and sentencing him thereunder to suffer rigorous imprisonment for life and acquitting the 3 other accused persons of the charges levelled against them. 2. The prosecution case, in short, is that accused Maruf Khan was a mortgagee under Moklesur Rahman in respect of plot No. 10 under khatian............... Respondent Judgment February 6, 2002. Result: The appeal is allowed. Lawyers Involved: Not represented—the Appellant. Sk Rezaul Karim, Assistant Attorney-General — For the State. Criminal Appeal No. 773 of 1987. Judgment Gour G..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......li……………......Condemned Prisoner Judgment February 2, 2002. Result: The Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; Dahyabhai Chhanganbhai Thakkar vs. State of Gujarat......m guilty under sections 302 and 324 of the Penal Code sentenced him to death without awarding any separate punishment under sections 324 of the Penal Code. 2. The prosecution case, in brief, is that on 16-9-1992 the condemned prisoner Abdus Samad came back to his house at village Maijhati from ......p;......Condemned Prisoner Judgment February 2, 2002. Result: The Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; Dahyabhai Chhanganbhai Thakkar vs. State of Gujarat, AIR 1964 (SC) 1563. Lawyers Invol..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....ng the suit for specific performance of contract. 2. Facts relevant for disposal of this Rule are that the respondents being the owners and possessors of the schedule land comprising of 1.02 acres proposed to sell the same along with 0.42 acres of land belonging to t......ul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J KM Hasan J Abdur Rashid.............................P......t, setting aside the judgment and decree of the Courts below decreeing the suit for specific performance of contract. 2. Facts relevant for disposal of this Rule are that the respondents being the owners and possessors of the schedule land comprising of 1.02 acres pr......3 & Order XLVII rule I The judgment which has been delivered sealed and signed, can not be changed without hearing the parties invoking jurisdiction under section 152 (CPC) or review on specific grounds under Order XLVII rule I of The Code of Civil Procedure giving notice..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
.... the Police are agent of law and they are answerable in law for their actions. Police are accountable for their performance to the People and as such have a proximate accountability to the law of the land which in essence is the expression of its will. Police being visible symbol of the authority of......ry power of the High Court The Power of the High Court Division envisaged in section 439 of the Code of Criminal Procedure is a Kind of paternal or supervisory power which is to be exercised in cases where there is a glaring defect in the procedure or is a manifest error on point of law and con......esence of High Police Officer and Police representative during Judicial Inquiry to be performed by Metropolitan Magistrate suffers from manifest illegality, legal infirmity and flagrant error of law that cause a gross miscarriage of justice. Paternal or Supervisory power of the High Court ......The State, Represented by the Deputy Commissioner, Dhaka.............Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of Human Rights (BSEHR),153, Monipuripara, ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....ome of whom were even Ministers in the last Cabinet. From the conduct of prosecution and the way the trial Court proceeding with the trial led us to hold that the case has been dumped in the no man's land and the case is being proceeded with it can very well be presumed that the trial will continue ......nvolved: Khandaker Mahbubuddin Ahmed, Senior Advocate (Mainul Hosein, Advocate with him) instructed Aftab Hossain, Advocate‑on‑Record‑For the Appellant AF Hassan Ariff, Attorney‑General, (Md Ataur Rahman Khan, Deputy Attorney‑General with him i......p;………….(9) (ii) A member of the parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session. Lawyers Involved: Khandaker Mahbubuddin Ahm......round of his membership in the parliament………………….(9) (ii) A member of the parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session.&nb..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....of 1996 for declaration that the heba-bil-ewaj executed in favour of respondent No. 2 was cancelled by a registered instrument and thus respondent No. 2 had no right, title and possession in the suit land. The suit was decreed ex parte on 21‑2‑1998. On 14‑10‑1998 the officer ......il Procedure, 1908 (V of 1908), Or XVII rule 1 Adjournment is entirely discretionary but the discretion must be exercised judicially. Adjournment cannot be allowed as a matter of course, even if both the parties asks for if or agree to it. No adjournment should b......8209;4‑2001 of the Subordinate Judge, Artha Rin Adalat No. 1, Dhaka in Miscellaneous Case No. 2 of 1999. 2. The petitioners filed Title Suit No. 34 of 1996 for declaration that the heba-bil-ewaj executed in favour of respondent No. 2 was cancelled by a registered instrumen......bsp; Adjournment is entirely discretionary but the discretion must be exercised judicially. Adjournment cannot be allowed as a matter of course, even if both the parties asks for if or agree to it. No adjournment should be granted unless sufficient cause for the same is made..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....ave earned about Taka 40,46,000 during the period. The amount was far greater than the decretal debt. Yet the Bank was not returning the trucks. Rather, the Bank was trying to sell the trucks and the landed properties mortgaged. At the time, the price of Truck—Mymensingh Na-239 of British Bedf...... down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......r for dismissal of the execution case after adjustment of decretal debt was rejected, and the mortgaged properties were ordered to be sold by public auction. 2. In the application, it is stated that on 8-9-82 opposite party No.1, the Bank as plaintiff instituted Mortgage Suit No. 116 of 1982 ag...... ………….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: The Rule is made absolute without any order as to costs. Cases Referred to- Bank of Dacca Ltd. vs. Gour Gopal Saha, AIR 1936 Cal..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)
....n possession of the suit property and the defendants have no title, right, interest and possession in the same. 3. The suit was contested by the present petitioners and their case is that the suit land was acquired by the Government in the year 1907 and CS and SA Khatians were prepared in the nam......ul Mazar Sharif and others....................Respondent Judgment August 9, 2001. The Specific Relief Act, 1877(I of 1877) Section 42 When a plaintiff is in possession of suit property in assertion of his own right he can maintain a suit for permanent injunction. The trial court, it appe......wing the appeal and reversing the judgment and decree passed by the learned Assistant Judge, Dhamrai in Title Suit No.122 of 1992 decreeing the suit. 2. The short fact leading to this petition is that, respondent No.1 as plaintiff instituted the aforesaid suit for permanent injunction against the......ndent Judgment August 9, 2001. The Specific Relief Act, 1877(I of 1877) Section 42 When a plaintiff is in possession of suit property in assertion of his own right he can maintain a suit for permanent injunction. The trial court, it appears, exceeded its jurisdiction in deciding the titl..Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....et aside the judgment and decree of August 28, 1970 of the Court of Subordinate Judge, Chittagong in Other Suit No. 35 of 1969 dismissing the same which was for declaration of title in respect of the land described in Schedules 1(a) and 2(a). 2. Plaintiff-respondent ......lief Act, 1877 (I of 1877), Section 42 Plaintiff cannot have mere declaration of title in the suit property without seeking further declaration either that the impugned decree was not binding on him being collusive or void ab initio and as such his suit for mere declaration ......p; The Specific Relief Act, 1877 (I of 1877), Section 42 Plaintiff cannot have mere declaration of title in the suit property without seeking further declaration either that the impugned decree was not binding on him being collusive or void ab initio and as such his s...... Plaintiff cannot have mere declaration of title in the suit property without seeking further declaration either that the impugned decree was not binding on him being collusive or void ab initio and as such his suit for mere declaration of title was not maintainable…&h..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....tion as to whether the High Court Division has fallen into an error of law in holding that the appellants who are co‑sharers in the suit property were not entitled to possession of the decretal land, although they were found dispossessed from the entire property during the pendency of the suit......erty. The executing Court can neither go beyond nor behind the decree to supply the specification which is not there in the decree itself…….(8) Case Referred to- Bigo Rangam Kamon and others vs. Khan Bahadur Khal......ur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Sahera Khatun and others…………………..Appellants &n...... The Code of Civil Procedure, 1908 (V of 1908), Section 51(a) & Order XXI rule 11(2) (j) (i) To facilitate execution of a decree for delivery of possession of an immovable property the plaintiff must specify the property. The exe..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)
....aint filed by the complainant-opposite party. The case of the complainant, in short, was that he was the constituted attorney of one Abdul Motaleb. The accused petitioner made a contract to sell some land to Abdul Motaleb at a consideration of Taka 3,50,000 and Abdul Motaleb paid that consideration ...... Lawyers Involved: Anisur Rahman Hatem, Advocate ‑ For the Petitioner. Md. Fazlul Haque Chowdhury, Assistant Attorney General ‑ For the Opposite Party ‑State. Criminal Miscellaneous Case No. 2860 of 1999. Judgment Namun Ara Sultana J. - This Rule was issued on an application ...... the Court No. 2 of Magistrate First Class, Dinajpur. 2. The above stated case arose on a petition of complaint filed by the complainant-opposite party. The case of the complainant, in short, was that he was the constituted attorney of one Abdul Motaleb. The accused petitioner made a contract to ......er Vs. Md. Abdul Motaleb ..........Complainant‑Opposite Party Judgment July 3, 2001. Result: The Rule is made absolute. Lawyers Involved: Anisur Rahman Hatem, Advocate ‑ For the Petitioner. Md. Fazlul Haque Chowdhury, Assistant Attorney General ‑ For the Opposite Pa..Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......is Case is also Reported in: 55 DLR (2003) 259. ......sented an application being numbered as Miscellaneous Case No. 180 of 2000 before learned Sessions Judge for cancellation of bail of accused-petitioner. Grounds pressed for cancellation of bail were that accused-petitioner having been enlarged on bail had been attempting to tamper with evidence and ......ellip;..…….Opposite Party Judgment June 3, 2001. Result: Converted Criminal Revision Petition (case) is allowed. Rule issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-1..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....2-90 informed defendant No. 1 to determine the valuation of the houses. The Executive Engineer accordingly assessed the construction cost of each house at Taka 24,537.77 and the price of per bigha of land at Taka 5.50 lac. The Executive Engineer again estimated the construction cost for each unit at......ion (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J SK Sinha J Government of Bangladesh……………………Defendant– Appellant-Petitioner Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others&hel......, 2nd Court, Dhaka in Title Suit No. 350 of 1995, should not be set aside. 2. The opposite parties instituted the suit seeking the following declarations: (i) “For a decree declaring that the decision regarding fixation of valuation of the structure on the basis of 1989 PWD schedule ......; others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For the Petitioner. Maksudur Rahman, Advocate—For the Opposite..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).
..... Respondent Nos. 1 to 27 as plaintiffs instituted Partition Suit No. 275 of 1983 before the learned Assistant Judge, Cox's Bazar praying for declaration of title and partition in respect of the suit land comprising an area of 2 acres impleading the predecessor of the present appellants and other de......; The Code of Civil Procedure, 1908 (V of 1908), Order XXII rule 2 In a revisional application there is no limitation for substitution of the heirs of deceased parties but in a suit for partition heirs of the deceased parties should be brought on record ......ed 23‑5‑1999 passed by the High Court Division in Civil Revision No. 176 of 1990 rejecting the appellants' application for substitution of the heirs of deceased respondents on the ground that the revision case stood abated against deceased opposite parties and that no separate applicatio...... The Code of Civil Procedure, 1908 (V of 1908), Order XXII rule 2 In a revisional application there is no limitation for substitution of the heirs of deceased parties but in a suit for partition heirs of the deceased ..Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....t aside. 2. Brief facts are that, the petitioner instituted the aforesaid suit praying for a decree of permanent injunction restraining the defendant opposite parties from entering into the suit land and disturbing the peaceful possession of the plaintiff therein stating, inter alia, that the s...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 20......ies to show cause as to why the impugned judgment and order dated 13-5-98 passed by the Assistant Judge, 1st Court Dhaka in Title Suit No.134 of 1998 should not be set aside. 2. Brief facts are that, the petitioner instituted the aforesaid suit praying for a decree of permanent injunction restr......, 2000. Result: The Rule is discharged. Cases Referred To- MM Hossain Vs. Mostafa Hossain, 40 DLR (AD) 20, Mahmud Ibne Abbas Vs. Begum Momtaz Hossain, 45 DLR 421, Nur Banu Vs. Noor Mohammad 35 DLR (AD) 182, Amjad Ali Vs. Ali Hossain and another, 15 CWN 353. Lawyers Involve..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Appellant Vs. Babul Hossain…………………………………..………Condemned Prisoner Judgment May 4, 2000. Cases Referred To- Rahmat Box Vs. State 22 DLR 482; Nurjahan Begum Vs. State 42 DLR (AD) 130. ......482; Nurjahan Begum Vs. State 42 DLR (AD) 130. Layers Involved: Bashir Ahmed, Advocate—For the Condemned prisoner Babul Hossain. Khasruzzaman, Advocate—For the Condemned-prisoner Safia Khatoon. Death Reference No.17 of 1997 with Criminal Appeal No.1981 of 1997. Judgment ......€¦Condemned Prisoner Judgment May 4, 2000. Cases Referred To- Rahmat Box Vs. State 22 DLR 482; Nurjahan Begum Vs. State 42 DLR (AD) 130. Layers Involved: Bashir Ahmed, Advocate—For the Condemned prisoner Babul Hossain. Khasruzzaman, Advocate—For the Condemned-prisoner Safi..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)
....suits for declaration that the two kabalas are forged, false, fraudulent, void, without consideration and not binding upon the plaintiffs. The plaint case is that the plaintiffs are the owners of the land by succession from their ancestor Cherag Ali. The plaintiffs are in possession of the suit land......ment February 4, 1999. Result: The review petitions are dismissed. Lawyers Involved: Moksumul Hakim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. None represented—For the Respondents (In Civil Review Petition N...... the judgment and order of this Division passed in Civil Petition for Leave to Appeal Nos.58 of 1998, disposed of analogously on 15-3-98. 2. The plaintiffs filed two title suits for declaration that the two kabalas are forged, false, fraudulent, void, without consideration and not binding upon ......eview petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ..Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....1937), which is as follows: “2. Application of Personal Law to Muslims.—Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inher......(AD)(1999) 172. ......y seems to follow naturally from the Ayat (241, Sura Bakara) itself. But the whole question is whether Mataa can be equated with maintenance as has been done by the High Court Division. We shall see whatever be the meaning of Mataa it is certainly not maintenance as can be claimed within the meaning......gum and another…………………………………… Respondents Judgment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to ..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
....ondent No. 3 Md. Fazlul Huq Gazi and respondent No. 4 Mozammel Hoque are respectable persons of the locality; that they have established the said School in the year of 1967 and have donated money and land for the purpose and in recognising of their contribution they were nominated as founder member ......hellip;……Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others…………Respondents
Judgment
August 19, 1998.
Cases Referred To-
Faizur Rahman (Md) and others Vs. Government of Bangladesh represented by the......egal effect.
2. Mollah Habibur Rahman, Chairman Dudhal Kabiraj Pilkhana (DKP) High School, Bakerganj as petitioner moved the instant writ petition and obtained this Rule contending, inter alia, that the said High School is a recognised Non-Government Secondary School under the Board of Intermed......J
Molla Habibur Rahman.………………………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others…………Respondents
Judgment
August 19, 1998.
..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)
....tle suits for declaration that two kabalas are forged, false, fraudulent, void, without consideration and not binding upon the plaintiffs. The plaint case is that the plaintiffs are the owners of the land by succession from their ancestor Charag Ali. The plaintiffs are in possession of the suit land......: The petitions are dismissed. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate Mohammad Ozair Farooq, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners (In both the Petitions). AKM Nazrul Islam, Advocate, instructed by Shar......and 58 of 1998 are disposed of by a common judgment as the fact and law involve therein are similar. The plaintiff petitioners filed Title Suit Nos.43 and 44 of 1991 in the Court of Assistant Judge, Chatkhil Police Station, District-Noakhali for cancellation of two kabalas, being, Kabala Nos.3466 an......ahidullah and others.........................Respondents Judgment March 15, 1998. Result: The petitions are dismissed. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate Mohammad Ozair Farooq, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Recor..Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5
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