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Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....re the learned Additional Sessions Judge, 3rd Court, Sylhet to answer a charge under sections 302/34/326/ 307/448 of the Penal Code to which the conÂdemned prisoner and others pleaded not guilty and claimed to be tried. 6. At the trial, prosecution in all examiÂned 20 witnesses to prove the cha......No.497 of 2003. Judgment Sheikh Abdul Awal J.- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 3rd Court, Sylhet for confirmation of the sentence of death imposed upon the condemned prisoner Moinuddin in Sessions ......nd P.W.12 Md. Nur Hossain alias Nurai stated in his evidence that accused Habibur Rahman, Kala Chand and Manik on breaking his door illegally entered into his house with dagger, gun and they demanded money to him and at one stage accused Habibur Rahman dealt dao blows on the hand and throat of P.W.1..Category: Criminal Law | Date: | Hits: 24
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....¯ dated 14-12-1992 requested the petitioner to appear before the Arbitrator-respondent No.4 on 17-1-1993. The petitioner duly appeared before the Arbitrator on 2-1-1995 and filed written statement of claims for an amount of Taka 57,74,058.94 against the works of ICE and Denting Shop and Taka 68,87,8......dents Judgment April 11, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Water Development Board and others Vs. Golam Rabbani Khan and others, in Civil petition for Leave to Appeal No.1354 of 2006; HD Vora Vs. State of Maharashtra, (1984) 2 SCC 337; State of Ka......he concerned work whimsically and without any basis whatsoever entered in the Measurement Book (MB) lesser quantity of work of sand filling against schedule item No.5. SubseÂquently lesser amount of money amounting to Taka 47,016,46 was paid to the petitioner against running Bill No.5 and ultimatel..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......te……………opposite party 2. Maxim Limited, Taher Chamber, 10-Agrabad Com Area, Chittagong, Represented by its Chief Account & Company Secretary Shamsuddin Ahmed……………Petitioner for addition of opposite party Judgment April 15, 2007. Result: The rule is made absolut......ed Advocate, appearing for the accused petitioners, submits that by lengthy complaint the complainant disclosed a civil liability and the entire endeavour of the complainant is to get compensation in money for the misappropriation done by the accuseds and to such end in view, the complainant before ..Category: Criminal Law | Date: | Hits: 114
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ...... Abu Salek - For the Petitioners. None – For the Respondants. Criminal Revision No.1 of 1986. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This application u/s. 561A Cr.P.C. is for quashing DAB G.R. Case Nos. 44(A), 44(B), 44(C), 44(D) and 44(E) of 1983 arising out of DAB G.R.......he cases mentioned in sections 234, 235, 236 and 239." Section 222(2) Cr.P.C. provides as follows:- "When the accused is charged with criminal breach of trust or dishonest misÂappropriation of money, it shall be suffiÂcient to specify the gross sum in respect of which the offence is alleged ..Category: Criminal Law | Date: | Hits: 144
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......ibunal No. 2, Khulna in Special Tribunal Case No. 319 of 1997 convicting the accused appellants under section 25A of the Special Powers Act and sentencing each of them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6 (six) m......ition of the prosecution witnesses and the impugned judgment and order and materials available in the paper books and submits, that the prosecution failed to prove the alleged recovery of counterfeit money from the possession of the accused appellants by reliable and independent witnesses and that t..Category: Criminal Law | Date: | Hits: 134
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....e Specific Relief Act (of section 17) i.e. sections 14, 15 and 16 also do not cover the instant suit, since the contracts involved in this suit are indivisible therefore, part performance thereof, as claimed by the respondants, is not permissible because of the general principle that a contract cann......e dated 30-7-2000 passed in Title Suit No.133 of 1993 re-numbered as Title Suit No.73 of 1997, by the learned Sub-ordinate Judge, now Joint District Judge, Arbitration Court, Dhaka decreeing the suit for Specific Performance of Contract. 2. Facts, in a nutshell, giving rise to this appeal are tha...... an agreement for sale in favour of Jahanara Begum in respect of 2 1/2 katha of land appertaining to western part of plot No.C-339 at a consideration of Taka 3 (three) lakh upon receipt of an earnest money of Taka 2,99,000 folÂlowed by delivery of possession and at that occasion Nazar Ali also exec..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....y property in (1972-73). All the proceedÂings are illegal, ultra vires and without jurisdiction. 4. The suit was contested by defendant Nos.1 and 2 by filing a joint written statement denying the claim of the plaintiffs. Their case, inter alia, is that out of the recorded tenants Arun Kumar, San......ict Judge, Patuakhali in Title Appeal No.37 of 1978 reversing those of the learned Subordinate Judge of that place in Title Suit No.102 of 1976. 2. The petitioners, as plaintiffs, brought the suit for a declaration that the enemy proÂperty proceeding as described in schedule 'Ka’ to the plaint......ng of such enemy property by appropriate order. The relevant provision of the Rule as it stood after amendment on 02.11.65 reads as under:- "Rule 182(1) with a view to preventing the payment of moneys to an enemy firm and to provide for the administration and disposal by way of transfer or oth..Category: Property Law | Date: | Hits: 64
.... land and performing rituality and worshiping in a temple at Kha schedule land. All on a sudden the vested property authority served them a notice on 6.9.1976 to surrender possession of the suit land claiming it to be a vested property, thus the cause of action for the suit.
3. The defendant-oppo......Judge), Jessore in Title Appeal No. 257 of 1989 dismissing the appeal and affirming those dated 28.6.1989 passed by the Assistant Judge, Jessore Sadar in Title Suit No.738 of 1976 dismissing the suit for perpetual injunction.
2. The predecessors-in-interest to petitioner Nos.1(a)-(b), 6(a)-(b) an......n her name and she went in possession thereof. Bimala Bala Nath had entered into an agreement for sale with the plaintiffs on 24.7.1973 and inducted them into possession thereof on receipt of earnest money. The Kha scheduled land was still under control and possession of its original owners Kalipada..
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
.... has filed the case, he has power to withdraw the case and the Court of Settlement passed the Order in accordance with law and thereby committed no illegality. He further submits that the petitioners claim that they have inherited the case property but fact remains that the predecessor of the petiti...... Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why Order dated 17-5-2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the case for non prosecution should not be declared to have been made without lawful authority and is of no l...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ..Category: Property Law | Date: | Hits: 66
....
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
......af Hossain J.- This appeal is directed against an order dated 10.6.80 passed by the learned Subordinate Judge, 1st Court, Dacca, in Title Suit No.664 of 1979 of his Court rejecting plaintiffs' prayer for temporary injunction made in the Suit. The plaintiffs filed the suit for a declaration that the ...... in law in taking the view that plaintiffs had no prima facie case. He further submits that the learned Subordinate Judge has also erred in taking the view that the plaintiffs could be compensated in money.
3. Mr. Mohammadullah, learned Advocate for the respondents, on the other hand, has argued ..
Category: Civil Law | Date: | Hits: 124
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....dent No.4 in this writ petition. The petitioner stated in the writ petition that on 18-10-1999 the receiver came to his house and on that date the petitioner for the first time came to know about the claim of the bank as well as the Judgment and decree dated 13-9-1999 passed by the learned Additiona......t 9, 2007. Result: The Rule is discharged. Writ Jurisdiction Since the Bankruptcy Act is a special law and special provision having been provided in section 96 of the Bankruptcy Act, 1997 for preferring appeal against the Judgment and decree passed by the Bankruptcy Court and therefore, ...... of the ConstituÂtion does not arise at all. Whether notices/summons were properly served or not or whether the petitioner was a guarantor/ mere a shareholder of the borrower company or borrowed money from the bank or not are disputed question of facts and for which remedy lies in the Civil Cou..Category: Procedural Law | Date: | Hits: 114
....ich the opposite party No.3 as 4th highest bidder deposited the entire bid money and got boynama on 28.08.2003. It also appears that the appellant has not deposited any single farthing to fortify his claim, who in order to create problem in the execution proceedings filed number of applications on v......akhali as plaintiff filed a suit being Artha Rin Suit No.1 of 1992 in the Court of the then Subordinate Judge and Artha Rin Adalat, 1st Court, Feni impleading the defendant-respondent No.1 and others for realisation of its outstanding dues amounting to Tk.1,30,40,106.00 with interest and eventually,......ale of the mortgaged property and on that date the present appellant, Awlad Hossain became the highest bidder out of total 4 bidders and thereupon, the Adalat directed him to deposit 25% of total bid money within 24 hours.
3. In this background the highest bidder Awlad Hossain (hereinafter called..
Category: Civil Law | Date: | Hits: 145
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
.... have intentionally suppressed the fact that the suit cold storage was in the possession and control of the decree holder Bank, as per the certificate issued under section 33(5) of the Ain, illegally claimed to have transferred its 100% shares of the debtor-comÂpany and also claimed to have taken o......y the defendant-appellant against Order No.10 dated 27-4-2011, passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No.31 of 2011 directing the defendants to maintain status-quo for a period 6 (six) months and prohibiting from taking any step in respect of the suit cold storage......gedly issued by defendant No.1 Rezaul Islam, a Judgment-debtor in the aforesaid Artha Rin Suit. The Bank has also denied any connection with other letters issued by defendant No.1 admitting receiving money from the plaintiffs. The Bank has asserted that the plaintiffs have acquired no right, title o..Category: Administrative Law | Date: | Hits: 212
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
....laintiffs instituted Title Suit No.21 of 2002, in the Third Court of Joint District Judge, Dhaka, impleading the petitioner and opposite party Nos.3-33 as defendants, for partition of ejmali property claiming their right over 50 decimals of land lying within plot No.1276 and 1449 as described in the......, opposite party Nos.1 and 2 as plaintiffs instituted Title Suit No.21 of 2002, in the Third Court of Joint District Judge, Dhaka, impleading the petitioner and opposite party Nos.3-33 as defendants, for partition of ejmali property claiming their right over 50 decimals of land lying within plot No....... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ..Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
.... the land verbally on 2.4.1992 and later on by a legal notice dated 15.7.1993. But the defendants, through their Advocate, replied to the legal notice wherein they denied the licence relationship and claimed title to the suit land by way of adverse possession. So the plaintiffs filed the suit for ej......ertain land as licensees. The issue is whether the Courts below committed an error of law occasioning in failure of justice in deciding that the defendants-opposite parties are not licencees and therefore not liable to be ejected. An incidental legal issue in this case is whether a licence is a heri......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....hat Abul Kashem, the defendant No.5 used to possess the suit lands. Further P.W.2 in his evidence did not say anything as to possession of the suit lands by the plaintiffs. Thus the plaintiffs though claimed that they used to possess the suit lands but they could not establish their possession by an......r pass such other order or further order or orders as to this Court may seem fit and proper. 2. That the opposite party Nos.1 and 2 as plaintiffs on 16.10.1994 instituted Title Suit No.145 of 1994 for declaration that (a) the registered deed No.3118 dated 2.2.1978 of District Registration Office,......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....trap case is apparently an obiter, inasmuch as the legal incidence of the Rules 3, 4, 14 or 16 was not the moot point in that case. Besides, in the case stated in the present FIR, it has neither been claimed to be nor appears to us to be a trap case. Moreover, the present petition is one under secti...... Party No. 2. Criminal Miscellaneous No. 1505 of 2009. Judgment MR. Hasan J. - By this application under section 561A of the Code of Criminal Procedure, one petitioner Mohammad Bayazid prays for quashing the proceedings of Special Case No. 3 of 2009 corresponding to GR Case No. 451 of 2007 ......dle of Taka 50,000 on the carpet covering his office floor, since he could not conceal this second bundle. Then the informant, in presence of the witnesses named in the FIR, seized the said amount of money, described as bribe money, and obtained signature of the witnesses on the seizure list. The ac..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....ation. It is to be noted in this connection that section 96 of SAT Act does no make any provision for depositing improvement cost along with the pre‑emption application. The cost of improvement, if claimed, is to be determined by the Court at the trial on taking evidence. So, it is inconceivable a......and order dated 20-4-1981 disallowing pre‑emption under section 96 of the State Acquisition and Tenancy Act. 2. Abdur Rashid Bhuiyan, predecessor-Âin‑interest of the petitioners, filed a case for pre‑emption under section 96 of the SAT Act, being Miscellaneous Case No.16 of 1979, alleging,......gh in the written objection it was specifically asserted that Taka 2000.00 was spent in making improvement. It also appears with the evidence of the D.Ws. that the pre‑emptee spent a good amount of money in effecting improvement on the case land by making earth‑work. In the facts and circumstanc..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ong others, the defendant‑opposite party Nos.3 to 5 were in possession of the said 14½ decimal of the suit land in the southern portion by erecting huts stating that itwas necessary in view of the claim by the defendant Nos.1 and 2 in their written objection. The trial Court vide order dated 1‑...... decreeing the suit. 2. The fact involved in this case, in brief, is that the plaintiff‑petitioner filed Title Suit No.84 of 1986 in the Court of the Assistant Judge, Kumarkhali Upazila, Kushtia for a declaration that the defendant Nos.1 and 2 are his Benamders and he has title in the suit land......to C(3). The trial Court on consideration of evidence on record decreed the suit on finding that the plaintiff‑petitioner purchased the suit land by registered kabala dated 23‑4‑59 with his own money when defendant Nos.1 and 2 were minors being 8 and 1‑1/2 years old respectively and was in p..Category: Civil Law | Date: | Hits: 59
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....nto possession of the land sold. In a pre-emption case, we have to see whether the pre-emptor is a co-sharer to the case jama or not. Here, in the case in hand, both the pre-emptor and the pre-emptee claim that they are co-sharers by purchase and their common vendor is opposite party No.3. According......l Haq-For the Opposite Party No.1. Md. Mojibur Rahman-For the Opposite Parties. Civil Revision No.1089 of 1996. Judgment Quamrul Islam Siddiqui J.- This rule was issued on an application for revision made by the pre-emptee-petitioner under section 115(1) of the Code of Civil Procedure (......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..Category: Property Law | Date: | Hits: 38
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