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Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....l Amin J. - This is a defendant's appeal by leave against the judgment and order dated July 7, 1997 of a Single Bench of the High Court Division in Civil Revision No. 502 of 1998 making the Rule absolute. The Rule was obtained against the judgment and decree dated July 25, 1987 of the Court of ......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......plot Nos.533 and 535 is 3.13 acres and out of that the plaintiffs are claiming 33 decimals and the defendant is also claiming the land of the same very CS plot corresponding to SA plots. 5. The trial Court dismissed the suit on the finding that the plaintiffs and the defendant are co sharers ......ted in: 57 DLR (AD) (2005) 55. ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....t for the purpose and the agreement stipulates a period of 12 years. The plaintiff then filed Miscellaneous Case No.3140 of 1973 for redemption and the defendants 1 and 2 appeared and thereafter they sold the suit property to defendant No.3 on 22‑8‑72 at a consideration of Taka 3,000 and the sai...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......iff and the plaintiff earlier filed an application for redemption where defendant No.1 appeared and challenged the agreements to be forged and the plaintiff did not proceed with the same. 4. The trial Court dismissed the suit and being aggrieved thereby the Title Appeal No.30 of 1985 was filed ......Sikder (Md.)…………………………………………………Petitioner Vs. Gouranga Chandra Shil and others………………………&hellip..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....l Procedure to this Court which was out of time by 960 days. Hence this Rule. 3. Mr. Abul Kalam Mainuddin, the learned Advocate appearing for the petitioner, submits that he has explained the reasons for delay in paragraph No.6 of the application and the said delay should be condoned in view of......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......ssistant Judge, Sadar, and Khulna for declaration that he is the permanent licensee of the suit land and for permanent injunction with a prayer for mandatory injunction. The suit was dismissed by the trial Court by its judgment and decree dated 23‑9‑1998 which was affirmed by the appellate Court...... Government of Bangladesh & others.................Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Cases Referred to- Md. Swaleh and another Vs. United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Sayed Amir Ho..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....ted title Suit No.30 of 94 (previous number being title Suit No.20/92 Borguna, and 121/55, Barisal), in the Court of Joint District Judge, for establishment of title, confirmation of possession and also for partition, and a preliminary decree was passed in that suit giving saham 6.80 acres to the pl......as previously disposed of by their Lordships Mr. Justice SK Sinha and Mr. Justice Shahidul Islam vide order dated 5‑12‑2004 vacating the stay order, but on 12‑12‑2004 the unsigned order was recalled as the Court had no jurisdiction to deal with the matter at the relevant time Thereafter, the......ed both the parties from entering in the case land which includes the decretal land of the other side. The learned Advocate for the petitioner has strenuously argued that since the decree of the trial Court was stayed by the appellate Court, the appeal, being a continuation of the original suit......Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Abdur Rahman Sikder (Md.).......................................Petitioner Vs. Nur Mohammad Khan and others.................................Opposite Parties Judgment January 10, 2005. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....ng multiple injuries on different organs of his body with gunshot and ram dao, etc. On hearing hue and cry witnesses from surrounding area arrived at the place of occurrence, whereupon the accused persons fled away and police investigated the case and submitted charge-sheet dated 24‑9‑1999 under......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......der sections 302/120(খ)/34 of the Penal Code against all the FIR named accused persons including the petitioners. The charge-sheet being accepted the case was sent to the Sessions Judge, Narail for trial. But no trial could be held in view of a reference made by the Sessions Judge, Narail to the H......rs Vs. State ........................................................Respondent Judgment January 9, 2005. Result: The Rule is discharged. Cases Referred to- Sikander Ali Vs. State, 31 DLR (AD) 135; Abdul Hakim Chowdhury Vs. Ruhul Amin and State, 40 DLR 259; Ab..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....0 Competency of a witness to prove facts in issue- Facts which are within the knowledge of suitors if they did not depose in a case their case remains unestablished since any other person deposing on their behalf in respect of the said exclusively known matter as to which the suitor......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......en statement of defendant No. 1 and taking further plea that he was a bonafide purchaser for value without notice of the agreement for sale in respect of the disputed property. 5. The trial Court dismissed the suit on the finding that from the consideration of the evidence on record......vil) Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J Lal Miah (Hajee)…..Appellant Vs. Nurul Amin and others.......Respondents Judgment January 5, 2005. The E..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
.... Ramna Police Station, relating to the occurrence between 22‑11‑98 a and 12-7-2001 alleging that Md. Nasim, at the relevant time, Post and Tele-Communication Minister and AHS Rahman, Director, Consociates Ltd. in collusion with each other, by misusing their powers got Consociates Limited appoint......n 418/109 of the Penal Code and also offence punishable under section 5(2) of Act II of 1947. 3. In detail the first information report case is that on 22‑11‑1998 an international tender was called for installation of 3 lacs digital telephone lines and the said tender was participated by Wo......oner AHS Rahman whatever he did was as a consultant and merely gave opinion which had no binding effect and it could have been refused or it may be accepted and in either case, he cannot be placed on trial as his such acts is neither falls within the ambit of section 418 of the Penal Code or section...... in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....aher Ali (Md.) and others................Petitioners Vs. Md. Ziarat Hossain...........................Opposite Party Judgment January 4, 2005. Result: The Rule is made absolute. Possession must be proved over the suit land Plaintiff could not prove his posses......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......dispossessed by the defendants from the suit land forcibly. In the absence of any clear evidence as to the possession of the plaintiff prior to dispossession by the defendants from the suit land, the trial Court, decreeing the suit, committed a serious error of law resulting in an error in the decis...... Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....nts and one Phanindra Nath Baidya for specific performance of contract That the case of the respondents as made out in the plaint, inter alia, are that the suit land belonged to the plaintiffs who sold the same to the defendant No. 1 namely Phanindra Nath Baidya for a consideration of Taka 2500 ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......ction in question which had been past and closed before the promulgation of President's Order No.88 of 1972 and, as such, the impugned judgment and order is liable to be set aside and that of the trial Court restored." 6. Mr. Abul Kalam Mainuddin, the learned Advocate appe......er as to costs. Ed. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
......................................Petitioner Vs. Bangladesh and others..................................Respondent Judgment December 14, 2004. Result: The Rule is made absolute. Though it is necessary for the security of the public peace to cancel the licences of t......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......Ja) and 21 of the Arms Act in Gafargaon PS Case No.13(7)04 dated 204‑04 and the said case has been transferred to the Special Tribunal being Special Tribunal Case No.69 of 2004 which is pending for trial. The police also submitted charge-sheet in Tejgaon PS Case No.61 dated 21‑7‑04 under secti......sion (Special Original Jurisdiction) Present: Md. Awalad Ali J Md. Emdadul Huq J Altaf Hossain Golondas...................................Petitioner Vs. Bangladesh and others..................................Respondent Judgment December 14, 2004. Re..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....hul Amin J: This appeal by leave is directed against the judgment and order dated 6‑8-1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sar......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ...... Tayebuddin on 5th Ashar 1344 BS and since then Tayebuddin Biswas was possessing the suit land for over 12 years. 4. Both parties adduced evidence both oral and documentary before the trial Court and on consideration of the materials on record the trial Court dismissed the suit. On a...... Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....a bar to initiate a criminal proceedings if it is found by the disclosure of facts that there is distinct element of criminal offence in the matter………….....(6) One person may have to bear civil as well as criminal liability for the same occurrence As becau...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......ch, his act does not come under any criminal offence. That he did not dishonestly misappropriate any amount of money of the Bank. Next, he submits that the petitioner was not a public servant to face trial in the Special Court but the learned Special Judge had illegally taken cognisance in the case ......etitioner Vs. State & another............................................Opposite Parties Judgment December 12, 2004. Result: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, mon..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....Shilu Begum……………………Petitioner Vs. Md. Roshan Akter Rahman………………………Opposite Party. Judgment December 7, 2004. Result: The Rule is made absolute. Cases referred to- Most. Johara Begum Vs. Rafiqul Kader, 25 DLR (HC) 91; Abdur Ras......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......ce of her brother and thus the miscellaneous case for setting aside the decree was liable to be dismissed with cost. 4. Upon such pleadings of the parties the miscellaneous case was taken up for trial by the learned Subordinate Judge, First Court, Gaibandha in which both the parties adduced evi......……Opposite Party. Judgment December 7, 2004. Result: The Rule is made absolute. Cases referred to- Most. Johara Begum Vs. Rafiqul Kader, 25 DLR (HC) 91; Abdur Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162; Shari Ullah Patwary and others Vs. Jharna ..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
...., Rajshahi, in Special Case No. 21 of 1981 (Gaibandha) convicting the appellant under section 409 of the Penal Code read with section 5(2) of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Taka 20,000 recoverable from his properties under Pub......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......received nor refused within sixty days. It has been held that sanction deemed to have been accorded. ‘High Court Division unfortunately took a wrong view that holding of trial of a public servant without taking sanction is curable under section 537 of the Code of Crim......ional Attorney‑General, instructed by Mvi Md Wahidullah Advocate‑on‑Record-for the State‑Respondent. Criminal Appeal No. 23 of 1997. (From the judgment and order dated 18‑8‑1996 passed by the High Court Division in Criminal Appeal No. 235 o..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
.... of necessaries as well as for their services tendered to the vessel. Service of notices was effected upon the defendants, including the defendant-petitioner, through his local agent, namely Viking Associates Ltd., by means of hanging on their premises since they refused to accept the notices. This ......rve summons/notice upon the defendant petitioner none was served nor did the defendant petitioner receive any summons/notice of the suit. On the contrary, he was prevented from appearing since the so-called agent of the ship-owner did not accept the notice. He added that the agency between the ......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ......site Party Judgment November 30, 2004. Result: The miscellaneous case is allowed. Case Referred to- Manager Jammu & Kashmir, State Property in Pakistan Vs. Khuda Yar and another, PLD 1975 SC 678; Abdul Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162...Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
..................Petitioner
Vs.
Principal Secretary, Office of the Hon'ble Prime Minister and others.....Respondents
Judgment
March 23, 2005.
Result:
The Rule is made absolute.
২৮ “অপরাধের বিচার, ইত্যাদি।- (১) ......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......s.1, 5 and 6 entered appearance in the case and contested the Rule by filing separate affidavit-in-opposition asserting that the government in exercise of its discretion rightly withheld sanction for trial of the respondent Nos.5 and 6, the impugned order withholding sanction was passed in accordanc....... Joynul Abedin J
Zubayer Rahman Chowdhury J
Salauddin Ahmed ..........................................Petitioner
Vs.
Principal Secretary, Office of the Hon'ble Prime Minister and others.....Respondents
Judgment
March 23, 2005.
Result:
The Rule is made abs..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
.... 1995 affirming the judgment and order of the trial Court in Sessions Case No. 67 of 1992 convicting the appellants under sections 302/149 of the Penal Code and sentencing each on them to suffer imprisonment for life and to pay a fine of Taka. 5,000 (five thousand) in default to suffer further impri......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......dul Haque J.- This Criminal appeal by leave has been filed against the judgment and order passed by the High Court Division in Criminal Appeal No. 1565 of 1995 affirming the judgment and order of the trial Court in Sessions Case No. 67 of 1992 convicting the appellants under sections 302/149 of the ......bsp; Ed. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....ts inside the packets are intact and would unerringly show that the ballot papers, the counterfoils of 'the issued ballot papers and the marked copies of the electoral rolls were not tampered with by some malicious hands, meanwhile, in order to create evidence/ground for undoing the election ……......on of the respondent No. 1 to call for the records in question, Mr. Rokonuddin Mahmud has drawn our attention towards the last portion of the prayer wherein prayer has been made to take the documents called for in evidence and for counting the ballots. Taking clue there from the learned Counsel subm......petition being filed it ought to have been rejected. The Election Tribunal has inherent power to dispose of an Election petition and so it cannot be stopped from passing any order at any stage of the trial to meet the ends of justice. In view of the facts and circumstances of the instant case, we do......JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Dr. Alauddin Ahmed ................................Appellant Vs. Md. Idris Ali Bhuiyan and others……….......Respondents Judgment October 30, 2004. The Representat..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....oz Chokder……………………………Petitioner Vs. The State…………………………Opposite Party Judgment October 27, 2004. Result: The Rule is made absolute. Lawyers Involved: S. M. Rezaul Karim - For the Petitioner. Shamim-Ara Dora, ......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ...... Adalat, Chandpur and cognizance was taken charged was framed under section 7(9)(1) of the Nari-O-Shishu Nirjatan Damon Ain 2000 Prosecution examined as many as 8 witnesses and after completion of trial convicted the petitioner under section 7(9)(1) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 ......ra, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.5780 of 2003. Judgment Syed Muhammad Dastagir Husain J.- This Rule is directed as against the Judgment and order of conviction dated 1.7.2002 passed by the Nari-O-Shishu Nirjatan Damon Tribunal, Chandpu..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....l Amin J. - This appeal by leave is directed against the judgment and order dated 9‑4-2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4959 of 1999 making the Rule absolute. 2. Short facts are that the pre‑emptor filed Miscellaneous Case No.180 of 1982 in the 2n......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......ondents Judgment August 31, 2004. Result: The appeal is allowed. The Code of Civil Procedure, 1908, (V of 1908), Order XIX, Rule 1(1), (3) When there was no issue before the trial court nor the appellate court regarding waiver, the High Court Division was not required to gi......05) 23...Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
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