Search Options
Judgment Advanced Search
Displaying 5601-5620 of 5707 results.
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....y instituted a proceeding under section 144 of the Code of Criminal Procedure and Ultimately the Upazila Magistrate dismissed that case on 10-6-85 with the observation that the dispute should be resolved between the parties in the civil Court; that thereafter the defendants again conspired to cu......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......ohammed and they being the successors of said Fakir Mohammed are the owners in possession of the suit land. 4. Considering the evidence of 7 PWs and 3 DWs and the documentary evidence, the trial Court decreed the suit in part declaring plaintiffs title to 3.20 acres of land out of 3.53 a......7) 99 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....udhury J: This appeal by leave is directed against the judgment and order dated 4 November 1992 passed by a Single Bench of the High Court Division in Civil Revision No. 51 of 1991, making the Rule absolute and restoring the judgment and decree dated 3 January 1987 passed by the Additional Munsif, S...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......hat suit the original documents were with him. His further plea was that the suit was barred by limitation and that the suit was hit by the proviso to section 42 of the Specific Relief Act. 5. The trial Court decreed the suit ex parte. The defendant thereupon preferred Other Class Appeal No. 32 o......ivision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and others ……………Appellant Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob……………...Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....; Bimalendu Bikash Roy Choudhury J.- The suit out of which these two appeals arise by leave was instituted in the First Court of Munsif, Chandpur by Md. Akramuddin Mia alias Kala Mia, predecessor of the appellants against Md. Torap Ali Patwary, predecessor of the respondents for enforcemen......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......ance time is the essence of contract is not disputed before us in view of the decisions in Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169 and Abdur Rahman v Haji Ranga Laskar, 15 DLR 274. The trial Court did not miss this principle but the lower appellate Court did. The trial Court gave a f......7) 90 ..Category: Property Law | Date: | Hits: 60
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....ed 16 March 1993 passed by the Subordinate Judge and Artha Rin Adalat No. 4, Dhaka in Title Suit No. 110 of 1992 decreeing the suit. 2. The relevant facts, briefly, are that, one Md. Ismail son of late Sk. Abdullah took lease of the land measuring 350 square yards being Plot No. 129, Road......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......t the plaintiff acquired right, title and interest in the property as the sister’s daughter of Md. Ismail. She asserted that her kabala dated 13 May, 1984 was a genuine one. 4. At the trial the plaintiff examined as many as 3 witnesses and proved several documents in support of her ...... Present: ATM Afzal CJ Latifur Rahman J Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khairunnessa being dead, her heirs Feroz Alam and ors ……Appellants. Vs. Zobaida Nahar @ Zharna & ors…&hellip..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....nst the judgment and order dated 18 April 1993 passed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the ......se, denied from the side of the defendants. It is admitted on all hands that the concerned kabalas stand in the name of defendant No. 1. Both the trial Court and the appellate Court were therefore called upon to determine whether the transactions were benami or not. The law of benami transaction......il 1993 passed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgme......e Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rupe Jahan Begum and others……………………………&h..Category: Procedural Law | Date: | Hits: 140
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....ssession thereof was delivered to the plaintiffs’ mother who was the first wife of Md. Ibrahim. On 27-2-51 Judhistir transferred his malikana interest to Md. Ibrahim. The plaintiffs are the sons and daughters of Md. Ibrahim through his first wife Asia Khatun. Defendant Nos. 1 and 2 are Md......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ...... first wife of Md. Ibrahim. Claiming as they do a share in the suit property through their mother Asia Khatun the plaintiffs have the onus to prove their prima facie title to the Suit properly. The trial Court found that both from the evidence of the plaintiffs and the defendants the gift of 0.08......urt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J. Rezaul Karim and others………………….. Appellant Vs. Sha..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....espondent No and 5 and intimate this decision in this regard within 3 days. No reply having been received from the respondents, the petitioner filed the Writ petition as referred to above. It was also prayed that pending hearing of the Rule an interim order be passed restraining the respondents f......en that the Rule has been ordered to be posted in the list or hearing on 19th January 1997 (already passed) and as such an interim order of injunction is hardly necessary. Respondent No. 6 has only called for a tender on 29-12-96 for extraction of bamboos from the disputed Bash Mahal and supply ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......ur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others ............Respondents Judgment January 21st, 1997 C..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....viction and sentence passed by the Thana Magistrate, Tarali, in CR Case No. 95 (1)92 convicting the appellant under section 406 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for one year. 2. Relevant facts for the purpose of the disposal of the appeal brief......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......to repay the same. On 15-12-91 the charge under section 406 of the Penal Code was framed against him. He denied the charge and claimed to be innocent. Subsequently, he did not appear in Court and the trial was held in absentia under section 339B of the Code of Criminal Procedure. Prosecution examine...... Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J BB Roy Choudhury J Reazuddin Ahmed (Md)……… …... Convict-Appellant Vs. State and another ……………….Respondents Judgment August 11, 1996. Result: The ..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....nership by purchase openly, peaceably and continuously, adversely to all and sundry’. In 1964 he installed flour and rice-mills, a go down and a sanitary latrine thereon at a great cost. He also raised the level of the low land. In March 1964 defendant No. 1 without executing and reg......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......f examined 5 witnesses including himself while the contesting defendant examined 3 witnesses. Several documents were also proved by the parties in support of their respective cases. 5. The trial court, besides the issues framed in the regular course, took up an additional issue for decis......ellip;………………………………………………..Appellant Vs. Niropama Ritchil and ors ……………………………&hel..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....ereafter i.e. during the execution of the decree. His second contention is that even if it is permissible for a family Court to allow instalments in course of an execution proceeding, it cannot do so as an executing Court, for; the authority to allow instalments has been vested with the family C...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......r a family Court to allow instalments in course of an execution proceeding, it cannot do so as an executing Court, for; the authority to allow instalments has been vested with the family Court as a trial Court. 7. Ozair Farooq in developing his second submission has argued that a Court execut......zair Farooq, Advocate-on-Record— For the Appellant Miah Abdul Gafur, Advocate-on-Record — For the Respondent Civil Appeal No. 97 of 1993 (From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No.&..Category: Family Law | Date: | Hits: 144
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
....ourt of Senior Assistant Judge, Sujanagar, Pabna and as Other Class Suit No. 157 of 1995) praying for a declaratory decree that the letter dated 15-4-95 issued by the Ministry of Commerce dissolving Executive Committee of Pabna Chamber Commerce and Industry is illegal, void and of in legal...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ......nder for restraining defendant No. 2 (respondent No. 1 herein) from taking over the charge of the Office of the said Chamber of Commerce and Industry, pending disposal of the suit. The trial Court issued a notice for showing cause within 3 days as to why the temporary injunction as p...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J. Abul Ahsan, former President of the Chamber of Commerce and Industry, Pabna ……………………..Plaintiff-Peti..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
.... March 5th, 1996 Cases Referred to- Vaish Degree College vs. Lakshmi Narain AIR 1976 (SC) 888; Panchkaxi Halder vs. Puma Chandra Halder 1984(2) CU 89; AISSE Assocn, vs. Defence Minister -cum - Chairman, BOG, SS Socy., AIR 1989 (SC) 88. Lawyers Invol......e appellant was holding the office of Chairman of the Union Parishad without any lawful authority was enough. Such a declaration having actually been made the order as above was neither proper nor called for. 6. Leave was granted to consider the submission that the decision, 1......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......; Md. Abdur Rouf J. Mofizul Huq ………………...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment March 5th, 1996 ..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....house with money in his pocket. Accused respondents being armed with deadly weapons by forming an unlawful assembly attacked him and snatched away the money. At that time the accused-respondents also inflicted severe injuries on the appellants and others. On the basis of this First Information R......s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......aid First Information Report under sections 147/148/149/ 323/324/326/307/114/ of the Penal Code. The said case is pending in the court of Sessions Judge, Sylhet as Sessions Case No. 54 of 1994 for trial. 3. The records of GR Case No. 77 of 1986 was transmitted from the Court of the ......pellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Mobarak Ali and others……………..Appellants Vs. Mobaswir Ali and ..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ing feeling that because of sheer incompetence, negligence and bungling at the trial stage in the Special Martial Law Court at Comilla and then in the Sessions Judge’s Court at Chandpur a gruesome case of murder will remain untried making a travesty of justice. 3. Facts of the......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ...... 2. At the end of this judgment we are going, dismiss this appeal but we shall be doing it with an agonising feeling that because of sheer incompetence, negligence and bungling at the trial stage in the Special Martial Law Court at Comilla and then in the Sessions Judge’s Cour...... Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Advocate-on-Record— For ..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... The Administrative Tribunal dismissed the case after holding that the Controller and Auditor General being the appointing authority was competent to pass the impugned order and that the case was also barred by limitation. 4. Both the findings were reversed by the Administrative App...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ……………………&..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
.... Dr. Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment ......rpretation given to the expression “any person aggrieved” in the judgments of my learned brothers, in my opinion, approximates the test of or if the same is capsulised amounts to, what is broadly called, ‘sufficient interest’. Any person other than an officious intervener or a wayfarer witho......nor the capacity to approach the courts, to have “sufficient interest” to maintain application under Article 32 or 226 of the Indian Constitution. The subject matters were many and various, under-trial or convicted prisoners, women distress, children in jails and juvenile organizations bonded an......Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 2..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
.... Mohammad Abdur Rouf J.- This appeal, following leave, has been preferred by the heirs of deceased sole plaintiff, Munshi Abdul Khair Faraji of Title Suit No. 6 of 1984 of the Court of Assistant Jud......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......r prosecuting the case in absence of the deceased plaintiff, there was no legal existence of the deceased plaintiff in the case record. An error on the face of the record had been committed by the trial court by non-recording the present appellants as substituted plaintiffs in the plaint and ref...... Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Siddiqur Rahman (Md) and others………………………Appellants ..Category: Property Law | Date: | Hits: 88
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....udgment July 9, 1997. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 15 Requirement of the demised premises for an adult son and a widowed daughter of the plaintiff cannot be said to be a requirement of anyone else other......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......submits, as the alleged award was not binding between the parties not being made a rule of the Court and not being more than a mere scrap of paper having no legal effect. 9. Both the trial Court and the lower appellate Court came to a common finding that the service of notice under......ent July 9, 1997. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 15 Requirement of the demised premises for an adult son and a widowed daughter of the plaintiff cannot be said to be a requirement of anyone else other tha..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....inistration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any court of law whenever it is obtained by practising fraud upon the court; reason being fraud demolishes the very foundation of sanctity of such judicial proceeding. It is also ......High Court Division wrongly held that the defendants totally failed to make out a case that they had been prevented by sufficient cause from appearing in court on 4 January, 1988 when the suit was called on for ex parte disposal. 12. Mr. B Hossain, learned Deputy Attorney-General ...... the court; reason being fraud demolishes the very foundation of sanctity of such judicial proceeding. It is also established principle of law that fraud vitiates all judicial proceedings. When the trial Court itself on consideration of the materials on record was satisfied that a fraud had been ......il) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants Vs. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
.... Additional Attorney-General (Sharifuddin Chaklader, Assistant Attorney-General with him), instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Appellant. Appeared in person - Respondent No. 1. Not Represented -For the Respondent Nos. 2-6. Civil A...... respondent No.1 under new facts in addition to some old facts viz, that of making false telephone call in the name of one Major General to the concerned respondents to get the order of transfer recalled. The statement of facts of the second memo of charges alleges that respondent No.1 even afte......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka………………&hellip..Category: Administrative Law | Date: | Hits: 119
530529527523522520519518517516512510509508507505504502501500