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....
February 26, 2007.
Result:
The Rule is made absolute in part.
The record of rights prepared in the name of the government during the last revisional survey has got no basis since the suit land was already correctly recorded in the name of the predecessor of the plaintiffs and they have b......end down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......r of the plaintiffs and they have been in possession of the suit land. Even if the plaintiffs failed to prove their title, which is in fact wrong, they cannot be prevented from getting a declaration that the record of rights that was wrongly prepared in respect of the suit land in the name of the go.......
Government of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
Result:
The Rule is made absolute in part.
The record of rights prepared in the name of the government during the last revisional survey has got no ba..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
.... 26. The expression "due process of law" has long been used in America. This term has been given a wider and more comprehensive meaning, which has been held to be synonymous with the term "law of the land." In Murry's Lessee Vs. Hoboken Land Co. 18 How 272, 276, it has been observed that this expres...... These Rules are made absolute. The Special Powers Act, 1974 (Act No. XIV of 1974), section 3(2) Detention without trial is an evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community. The safeguards against unfounded......ved of his liberty. It is addressed to him who detains another in custody and commands him to produce the body, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the Judge or the Court shall consider in that behalf. It is essentially a writ of enquiry an......ial is an evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community. The safeguards against unfounded accusations and the opportunity for establishing innocence, which constitute the hallmark of an ordinary criminal trial, ar..Category: Criminal Law | Date: | Hits: 114
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
.... ready was fixed for hearing. 4. Learned Advocate for the petitioner refers to Ext.1 and Ext.2 C.S. khatian no.48 and S.A khatian No.15 and also refers to Ext.ka C.S Khatian 48 and shows that suit lands in dag No.564 and 565 stood recorded in name of Birbol Chatri. He then refers to Ext. cha C.S ......………Petitioner Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others………………………..Opposite parties Judgment December 1, 2008. Result: The Rule is discharged. Case Referred to- 43 DLR (AD) page 78. Lawyers Involved: Sk. Md. Morshed, Advocate - For the......e Rule. 2. Opposite party No.1 appeared through engaged Advocate to contest. 3. Rule being ready was fixed for hearing. 4. Learned Advocate for the petitioner refers to Ext.1 and Ext.2 C.S. khatian no.48 and S.A khatian No.15 and also refers to Ext.ka C.S Khatian 48 and shows that suit land......hers………………………..Opposite parties Judgment December 1, 2008. Result: The Rule is discharged. Case Referred to- 43 DLR (AD) page 78. Lawyers Involved: Sk. Md. Morshed, Advocate - For the petitioner S. N. Goswami, Advocate - For the opposite parties. Civ..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
.... secondly, to prevent abuse of the process of, the Court, and thirdly, to secure the ends of justice. 14. It is to be remembered that the Courts exist not only for securing obedience of the law of land but also for securing the ends of justice in its widest sense. Inherent power of the High Court......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Opposite party Judgment July 26, 2009. Result: The Rule is made absolute in part. The Code of Criminal Procedure, 1898 (V of 1898); section 561A In a case of jimma, it is to be looked into that whether the applicant is the owner of the seized goods. T......party Judgment July 26, 2009. Result: The Rule is made absolute in part. The Code of Criminal Procedure, 1898 (V of 1898); section 561A In a case of jimma, it is to be looked into that whether the applicant is the owner of the seized goods. The concerned Court is to verify and scr......ze the title papers of his ownership as regards the seized goods. The applicant has to give undertaking to the effect that he will be bound by the result of the case and he will be obliged to produce or return the seized goods by the order of the Court and he will furnish sufficient bank security to..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
....n occasioning failure of justice. 2. Material facts are that the opposite party as pre-emptor filed pre-emption Misc. case No.19 of 1993 in the Court of Assistant Judge for pre-emption of the case land under Section 96 of the State Acquisition and Tenancy Act, 1951. The case is pending for argume......purpose determining the real question of controversy between the parties. It is absolutely the option of pre-emptor which document he will prove for the purpose of his own success and the pre-emptee has ample opportunity to discard those documents in his cross examination. Therefore the application ......re-call P.W.1 to prove some documents in pre-emption Misc. case No.19 of 1993 suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that the opposite party as pre-emptor filed pre-emption Misc. case No.19 of 1993 in the Court of Assi...... 18 BLT (HCD) (2010) 413. ..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
....site-party Nos.2‑4 for realisation of an amount of Taka 3,69,287.99 and got ex parte decree. Thereafter, the said decree was put in execution in Money Execution Case No.10 of 1988. Accordingly, the land measuring an area of 4.17 acres of Khatian No.67 and plot 251 of Narayanganj Municipal Holding ......merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ...... The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XXI rules 58-61 If in execution of a decree, any property is attached any person interested may raise objection that such property is not liable to attachment. After such claim or objection is raised, the court sh...... (V of 1908); Order XXI rules 58-61 If in execution of a decree, any property is attached any person interested may raise objection that such property is not liable to attachment. After such claim or objection is raised, the court should investigate and adjudicate upon the claim or objection and ..Category: Procedural Law | Date: | Hits: 128
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....ility, an allegation of criminal nature in a civil case is to be proved with a higher degree of probability………………………(27) Bouncing a cheque with an endorsement may make a customer land on far-reaching eventualities, like facing prosecution under section 138 of the Negotiable Inst......l is dismissed. If a bank pays on a cheque which does not contain the customer's signature, the bank acts without mandate and cannot repel liability, the only limitation on bank's liability being based on customer's lack of care in drawing a cheque as well as on his deliberate abstention from inf......ated in the plaint in this case are, in a nutshell, narrated below: 3. The plaintiff who accumulated some money by dint of his hard labour in South Korea, subsequently returned to Bangladesh with that money. On 20‑2‑1995 he opened a current account in his own name at the Local Branch of the d......ank acts without mandate and cannot repel liability, the only limitation on bank's liability being based on customer's lack of care in drawing a cheque as well as on his deliberate abstention from informing the bank of forgery…………………………(11) The banks have the defence of estopp..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......ch 11, 2010. Result: The Rule is discharged. The Negotiable Instruments Act, 1881 (Act XXVI of 1881); Sections 138, 141 Negotiable Instruments Act is a special law without any reference as to jurisdiction. Normally the provision of Criminal Procedure Code is to be followed in such case...... Negotiable Instruments Act is a special law without any reference as to jurisdiction. Normally the provision of Criminal Procedure Code is to be followed in such case. Section 177 Cr.P.C. provides that every offence shall ordinarily be enquired into and tried by a Court within the local limits of ......lt: The Rule is discharged. The Negotiable Instruments Act, 1881 (Act XXVI of 1881); Sections 138, 141 Negotiable Instruments Act is a special law without any reference as to jurisdiction. Normally the provision of Criminal Procedure Code is to be followed in such case. Section 177 Cr.P.C...Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......detention with a view to preventing a person from doing a prejudicial act within the meaning of section 2(f) (i) of the Special Powers Act. Any such order of detention is without lawful authority and as such, the detention of the detenu on the basis of this order must also be deemed to be without la...... Central Jail, initially detained by an order passed by the District Magistrate, Jessore on 31.1.89 under section 3 (2) of the Special Powers Act has been challenged. 2. The facts of the case are that the detenu Madan Mohan Saha was taken into custody in pursuÂance of an order of detention passe......ecial Original Jurisdiction) Present: Abdul Matin KhanChowdhury J Naimuddin Ahmed J Khokan Kumar Saha...................Petitioner Vs. The Secretary, Ministry of Home Affairs & ors..................Respondents Judgment April 5, 1989. Result: The Rule is made absolu..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......e of section 537 Cr.P.C., while inserting section 339B in Cr.P.C. they did not consciously make any correÂsponding amendment in section 537 Cr.P.C. to include the word 'Gazette Notification and at least one Bengali newspaper'. Therefore, it can be inferred that section 537 does not cover the case f......r.P.C. they did not consciously make any correÂsponding amendment in section 537 Cr.P.C. to include the word 'Gazette Notification and at least one Bengali newspaper'. Therefore, it can be inferred that section 537 does not cover the case falling under section 339B Cr.P.C. MoreÂover the expression...... (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: AM Mahmudur RahÂman J Moktar Ahmed…………………………………Petitioner Vs. Haji Farid Alam & anor. ............Opposite Party Judgment April 2, 1989. Result: The Rule is made absolute..Category: Criminal Law | Date: | Hits: 110
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
.... fact leading to the issuance of the Rule is that, the pre‑emptor opposite parties filed the aforesaid pre‑emption case in the Court of the Munsif, Sadar, Sylhet seeking pre‑emption of the suit land measuring 0.05 decimal against the pre‑emptee opposite parties claiming themselves as the coâ......a Khatun and others………………Petitioners Vs. Abdun Noor and others……………………….Opposite Parties Judgment June 8, 1997. Result: The Rule is made absolute. Cases Referred to- Abdus Samad & others Vs. Md. Sohrab Ali & others, 33 DLR (AD) 113; Md. ......also Reported in:49 DLR (HCD) (1997) 414. ......h Court Division (Civil Revisional Jurisdiction) Present: Md. Joynul Abedin J Abdus Satter on being dead his heirs: Sayera Khatun and others………………Petitioners Vs. Abdun Noor and others……………………….Opposite Parties Judgment June 8, 1997. Result: ..Category: Property Law | Date: | Hits: 155
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....through his friend Helal. Zakaria is a Kabiraj who used to give treatment to the people to solve their various types of problems. Tipu gave more than Taka 2,00,000 to accused Zakaria for purÂchasing land at Kapasia. 4. On 14-8-2004 Tipu had gone to accused Zakaria at Kapasia with Taka 2,00,000 f......nal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......en heard together and are being disposed of by this common Judgment. 2. The prosecution case, as projected in first information report (in short, the FIR) and also unfurled at trial, in short, is that on the morning of 15-8-2004 the dead body of an unknown man was found in the guava garden of Haz......, 55 DLR 36; Hassen Ali Vs. State, 38 DLR 235; State Vs. Khasru @ Syed Mostafa Hossain, 43 DLR (AD) 182; Amir Hossain Vs. State, 37 DLR (AD) 139; Hafez Abul Khair Vs. State, 29 DLR (AD) 1; Afsar Ali Moral Vs. State, 29 DLR (AD) 269. Lawyers Involved: MA Mannan Mohan, Deputy Attorney-General w..Category: Criminal Law | Date: | Hits: 147
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....5(ka)-5(ga) and, also, to substituted Defendants Nos. 7(ka)-7(kha). Decree Execution Case no.2 of 2005 had been laid by Decree Holder Plaintiffs-Opposite parties for getting possession of partitioned land. Plaintiffs-Opposite parties got possession of decretal property on 24.5.2005 and Defendant Nos................Defendants/Petitioners Vs. Shanty Mary Cruez and others...............................Plaintiffs/Opposite Parties Judgment May 3, 2008. Result: The Rule is discharged. Cases Referred to- Md. Insan Ali Vs. Mir Abdus Salam, 1988 BLD (AD) 77; Abdur Rashid and another V......forth in plaint. C. Eighteenth Defendant drew his last on 28.12.1985 and his heirs had been substituted as Defendant nos. 18(ka)-18(gaha) who are Petitioners. Order No.50 dated 8.8.1989 indicates that summons upon substituted Defendant nos. 18(ka)-18(gaha) had been served. Nineteenth Defendant, a......s. Abdul Barik and another, (1983) 35 DLR AD 162; M.A. Wahab and another Vs. Abul Kalam and another, (1992) 44 DLR AD 13. Lawyers Involved: Md. Faruque Ahammed with Md. Asaduzzaman, Advocate - For Petitioners. Md. Munsurul Hoque Chowdhury, A.J. Mohammad Ali and Ashoke Kumar Paul, Advocate -..Category: Procedural Law | Date: | Hits: 120
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....ocedure for consideration at the time of hearing. 2. The petitioners as plaintiffs instituted Title Suit No.31 of 1994 in the first Court of Joint District Judge, Comilla for partition of the suit land. 3. The case of the plaintiffs, in short is that the suit land originally belonged to one AH......and others………………………Petitioners Vs. Ratan Bibi and others………………………Opposite parties Judgment March 11, 2007. Result: The Rule is made absolute. Case referred to- Anil Kumar Vs. Shivnath (1995) 3 SCC 147. Lawyers Involved: Abdul Quddus, ......2. The petitioners as plaintiffs instituted Title Suit No.31 of 1994 in the first Court of Joint District Judge, Comilla for partition of the suit land. 3. The case of the plaintiffs, in short is that the suit land originally belonged to one AH Mohammad; that CS khatian was prepared in his name; ......ite parties Judgment March 11, 2007. Result: The Rule is made absolute. Case referred to- Anil Kumar Vs. Shivnath (1995) 3 SCC 147. Lawyers Involved: Abdul Quddus, Advocate - For the petitioners. Nikhilesh Dutta, Advocate - For the opposite parties. Civil Revision No. ..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
.... case were quite different and do not apply in this case. In this case the vendor of the petitioner never left Bangladesh rather she is admittedly a citizen of Bangladesh and admittedly sold the case land to the petitioner and she deposed before the Court of Settlement in person and also appeared in......……………………Petitioner Vs. Court of Settlement and others………………………………..Respondents Judgment June 26, 1996. Result: The Rule is made absolute. Cases Referred to- Rahela Khatun Vs. Chairman, Court of Settlement, 15 DLR 5; Gannysons Limited Vs......ioner Vs. Court of Settlement and others………………………………..Respondents Judgment June 26, 1996. Result: The Rule is made absolute. Cases Referred to- Rahela Khatun Vs. Chairman, Court of Settlement, 15 DLR 5; Gannysons Limited Vs. Sonali Bank and others, 37 ......) 42; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Md. Ayub Ali Vs. Bangladesh, 45 DLR 746. Lawyers Involved: Miah Abdul Gafur with Md. Ataur Rahman Khan, Advocates ‑ For the Petitioner. Md. Serajul Hoque, Assistant Attorney‑General ‑ For Respondent No.2. Su..Category: Property Law | Date: | Hits: 107
....alahuddin (now deceased) acquired 99 years lease‑hold interest in respect of the commercial property situated at 156 and 157, Motijheel Commercil Area, P.S. Motijheel, Dhaka comprising 18 kathas of land by virtue of standard agreement for lease which was entered into in between the Government of e......Nabi, Advocate ‑ For the Petitioner.
Md. Serajul Huq, Assistant Attorney‑General - For Respondent No. 1.
Writ Petition No.2465 of 1992.
Judgment
Md. Mozammel Hoque J.- This Rule Nisi was issued calling upon the respondents to show cause as to why they should not be directed to mutate......ers in place of deceased Serajuddin as owners of lease‑hold interest in respect of demised premises situated at 156 and 157, Motijheel Commercial Area, Dhaka.
2. It is stated in the application that one Md. Salahuddin (now deceased) acquired 99 years lease‑hold interest in respect of the comm......t of the People's Republic of Bangladesh and others………………Respondents
Judgment
June 27, 1996.
Result:
The Rule is made absolute.
Lawyers Involved:
KS Nabi, Advocate ‑ For the Petitioner.
Md. Serajul Huq, Assistant Attorney‑General - For Respondent No. 1.
Writ ..
Category: Property Law | Date: | Hits: 119
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....ioners as plaintiffs instituted Title Suit No.12 of 1971 in the Court of Subordinate Judge, Dhaka, impleading the opposite parÂties as defendants for declaration of title in respect of 3.60 acres of land described in the schedule of the plaint. 3. The defendants contested the suit by filing writ...... The Code of Civil Procedure, 1908 (V of 1908); Order VI, Rule 17 One of the fundamenÂtal principles governing the amendment of the pleadings is that all the controversies between the parties as far as possible should be included and multiplicity of the proceedings avoided. Therefore, a......2009. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order VI, Rule 17 One of the fundamenÂtal principles governing the amendment of the pleadings is that all the controversies between the parties as far as possible should be included and multiplicity......tal principles governing the amendment of the pleadings is that all the controversies between the parties as far as possible should be included and multiplicity of the proceedings avoided. Therefore, amendment of pleadings can be be considered if the proÂposed amendment will in no way change t..Category: Procedural Law | Date: | Hits: 114
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....ruddin Mallick, Jahangir Mallick, Mosharaf Bepari, Selina Khatun, Kana Musa @ Moslem and Kalu Sheikh being armed with leza, Sarki, dao etc. forming an unlawful assembly forcibly entered into the char land situated at the eastern side of Tobna River appertaining to plot No.513/560 of Mouza Kaibartakh......…………………………………Appellants Vs. The State………………………………………..Respondent Judgment April 23, 2005. Result: The appeal is allowed. Cases Referred to- Asadur Rahman @ Asad and others Vs. State, 15 B.L.D. 290; Nawabul Alam and othe......Code and sentencing each of them to suffer rigorous imposed upon appelÂlant No.3 concurrently. 2. Briefly the prosecution case as set out in the First Information Report and unfurled at trial is that on 10.3.1985 corresponding to 26th Falgun, 1391 B.S. at 8.0 a.m. P.W.1 Shibli Sadik @ Azam along......tate, 15 B.L.D. 290; Nawabul Alam and others Vs. State, 15 B.L.D. (AD) 55; Kadu and others Vs. State, 43 D.L.R. 163; Muslemuddin Vs. Ahmed Ali alias Akku others, 1987 B.C.R. (AD) 85; Taleb alias Talebor and another Vs. State, 1967 P.L.D. (SC) 16. Lawyers Involved: Md. Nizamul Huq, Advocate - F..Category: Criminal Law | Date: | Hits: 78
....ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
...... Order XXI Rule 29
An application for staying the execution of a decree till disposal of the pending suit is only attracted when the subsequent suit is pending before the same Court who passed the decree in the previous suit and it must be filed by the judgment debtor………………â......e in the previous suit and it must be filed by the judgment debtor…………………….(14)
Jurisdiction of Courts
The jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to the litigati......¦â€¦â€¦â€¦Award-holder-Petitioner
Vs.
Bangladesh Power Development Board, represented by its Chairman, Wapda Building, Motijiheel Commercial Area, Dhaka and an others……………Judgment-debtor-Opposite Party
Judgment
June 7, 2010.
Result:
The Rule is made absolute.
..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......hattacherjee………………………Petitioner Vs. Artha Rin Adalat and other…………………………Respondent Judgment May 30, 2010. Result: The Rule is discharged. Cases Referred to- Rahima Auto Rice Mills Vs. Manager, Pubali Bank Ltd., 60 DLR 313;Sheikh Nazmul ...... is also Reported in: 16 BLC (HCD) (2011) 195. ......, Main Branch, Saheb Bazar, Rajshahi, 15 MLR (AD) 96 = 15 BLC (AD) 113;Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch; Saheb Bazar, Rajshahi, 15 MLR 122 = 15 BLC 180;ABM Shirajum Munir Vs. Subordinate Judge, 14 BLC 716;Md. Aminul Islam Vs. Judge Artha Rin Adalat Jamalpur. Lawyers Involved..Category: Civil Law | Date: | Hits: 154
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