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Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....case was also started on 11-6-89 against the petitioner. The charges leveled against the petitioner were denied by him. He surrendered before the Divisional Special Judge, Rajshahi on 19-5-92 and the prayer for bail was refused but subsequently he was granted bail on 5-8-92 by the High Court Divisio......assed by the respondent No.1 in Artha Rin Adalat Suit No.248 of 1991 on 16-7-92 should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. Short facts for the disposal of the Rule are that the petitioner was appointed as Steno-Typist (Muslim Commercia......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170...Category: Civil Law | Date: | Hits: 71
Aslam Vs. State, 1998, 27 CLC (HCD)
....ayangonj in Special Tribunal Case No.19 of 1997 arising out of Narayangonj PS Case No.16(7)95 under section 19A(P) of the Arms Act. By this order the learned Tribunal Judge rejected the appellant’s prayer for bail. 2. The prosecution case, in short, is that, one Md. Awal Hossain Khan and Moniru......j in Special Tribunal Case No.19 of 1997 arising out of Narayangonj PS Case No.16(7)95 under section 19A(P) of the Arms Act. By this order the learned Tribunal Judge rejected the appellant’s prayer for bail. 2. The prosecution case, in short, is that, one Md. Awal Hossain Khan and Moniruzzaman ......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161...Category: Criminal Law | Date: | Hits: 65
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....t while being cross examined P.W.1 made a wrong statement for which some clarification was necessary and the learned Subordinate Judge was pleased by the impugned order dated 6-7-94 to allow the said prayer. It is against this order dated 6-7-94 allowing the plaintiffs prayer for re-examination of P......r Vs. Masuda Khatun and others………………………Opposite Parties Judgment January 15, 1998. Result: The Rule is made absolute. Lawyers Involved: Divash Chandra Biswas for SS Halder, Advocates - For the Petitioner. AFM Zubair Hossain, Advocate - For the Opposite Pa......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ..Category: Property Law | Date: | Hits: 66
.... the Kabala as chala land, is a part of dwelling house. The petitioner in his petition under section 4 of the Partition Act, stated that the suit land is a part of his own undivided homestead. So the prayer made by the petitioner in the trial Court under section 4 of the Partition Act is considered ......aka in TS No.22 of 1967.
2. The opposite party No.1 Md. Afsaruddin (now dead) as plaintiff filed Title Suit No.22 of 1967 against the predecessor of present petitioner and opposite party Nos. 2-19 for partition and recovery of khas possession after ascertaining the plaintiffs’ title to the suit......down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
......down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
..
Category: Property Law | Date: | Hits: 63
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....e of Criminal Procedure was issued upon the opposite party against order No.2 dated 26-10-2008 passed by the learned Sessions Judge, Brahmanbaria in Criminal Revision Case No.69 of 2008 rejecting the prayer for taking of Jimma of the seized vehicle namely Navana Taxi Cab No. Dhaka Metro Pa. 11-2556 ......dgment April 13, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him regarding which an offence appears to have be......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..Category: Criminal Law | Date: | Hits: 110
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
....tance of accused petitioner Chutta Mia is directed against the order dated 19‑2‑2004 passed by the Additional Sessions Judge, 1st Court, Brahmanbaria in Sessions Case No.104 of 2001 rejecting the prayer for recalling the witnesses for cross-examination. 2. The case of the prosecution is that......f accused petitioner Chutta Mia is directed against the order dated 19‑2‑2004 passed by the Additional Sessions Judge, 1st Court, Brahmanbaria in Sessions Case No.104 of 2001 rejecting the prayer for recalling the witnesses for cross-examination. 2. The case of the prosecution is that the pe...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ..Category: Criminal Law | Date: | Hits: 68
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....f section 526 of the Code of Criminal Procedure. Secondly, he contends that there is no allegation against the Druta Bichar Tribunal wherein the present case has been sent for trial and, as such, the prayer for transfer of the case may not be considered. He lastly submits that there is nothing on re......ichar Tribunal, Barisal, should not be transferred and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Yousuf Hossain Humayun, the learned Advocate for the petitioners, submits that the present Rule has been obtained against the order of transferri......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607...Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....said case and without holding any inquiry to ascertain the identity of the petitioner rejected the application by simply observing that the Tribunal is 'functus officio" and allowed the prosecution's prayer for issuing custody warrant against the present petitioner by his order dated 6‑1‑2003 ch......the convict, Md. Abul Kalam Azad, son of Md. Nurul Islam, proprietor of "Azad Bastraloy", who was convicted in absentia under section 25B(2) of the Special Powers Act, 1974 and sentenced to suffer RI for 3 (three) years and also to pay a fine of Taka 10,000 in default to suffer RI for 1 (one) year m......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....e averments made on oath remain unassailed as indicated above, as such, we have no reason to discard those at this stage. 8. From the order passed by the Metropolitan Sessions Judge Dhaka refusing prayer for bail by the petitioner, it appears that the learned Metropolitan Sessions Judge has refus......ioner asking the present Rule opposite party to show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..Category: Criminal Law | Date: | Hits: 81
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....01 the Judge. Artha Rin Adalat wrote to the District Judge for transfer of the suit from his Adalat since he was feeling embarrassed. The District Judge by his letter dated 21‑5‑01 rejected the prayer expressing that feeling embarrassment was not expected of a Judge. Said application was howev......cial Court at Dhaka in Title Suit No. 197 of 2001, which decreed the suit. 2. Respondent No.1 as plaintiff on 14‑7‑97 instituted Title Suit No. 208 of 97 against the appellant bank and another for a decree of declaration that the plaintiff owed no amount to said bank on account of any loan an......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....d Advocate for the appellants has placed before us the impugned judgment as well as the copy of the plaint of the suit. It appears that the suit is for a declaration of title simpliciter, without any prayer either for confirmation of possession or recovery of possession in the suit property. The que......Judgment Gour Gopal Saha J. - This appeal is directed against the orders dated 24‑7‑1985 and 8-8-1985 passed by the Subordinate Judge, Bhola in Title Suit No. 104 of 1982 appointing a receiver for the suit property. 2. Mr. Abdul Quayum, the learned Advocate appearing for the appellants, su......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ..Category: Civil Law | Date: | Hits: 89
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....tainability, which was adjourned ultimately, to 28‑5‑2000. 3. On 28‑5‑2000, the plaintiff filed notice/summons for issue upon said defendant respondents. Learned Judge however rejected the prayer of the plaintiff for issue of summons upon the defendants and rejected the plaint under secti......ns/notice of said bankruptcy suit upon respondent No. 2, the Shinepukur Holding Limited and respondent No. 3, Mahmudur Rahman. 2. On 25‑4‑2000, the petitioner as plaintiff presented a plaint before the Bankruptcy Court at Motijheel in Dhaka, briefly the Court, against respondent Nos. 2 and 3 ......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ..Category: Others | Date: | Hits: 185
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
....rders dated 4th March, 2010 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case Nos.15505 of 2008 and 15400 of 2008 discharging the Rules rejecting the petitioner's prayer for quashing the proceedings under section 561A of the Code of Criminal Procedure. As both ......urshid Alam Khan, Advocate instructed by AKM Shahidul Haque, Advocate-on-Record-For Respondent No.1 (In both the cases) Not represented-For Respondent No.2 (In both the cases) Criminal Petition for Leave to Appeal Nos. 272 and 273 of 2010. (From the judgment and order dated 4th March, 2010 ...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39....... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39...Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....for declaration of title and for further declaration that the affidavit sworn by defendant No.1 on 24-2-2005 was illegal, antedated, collusive and not binding upon her. Let us have a glimpse over the prayer made in the plaint as under: “(ক)”ক”তফসিল বর্ণিত নাল......chedule property on 11-3-2005 in presence of three witnesses and handed over possession thereof to the plaintiff. Subsequently, in recognition of the oral gift, defendant No.1 affirmed an affidavit before the Notary Public on 21-3-2005. While enjoying the apartment, the plaintiff rented it out to he......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....under section 115(1) of the Code of Civil Procedure against an order dated 19‑1‑03 passed by Joint District Judge, Court No. 1 at Moulvibazar in Succession Case No. 92 of 2002, which rejected the prayer of the petitioners for addition. 2. It is stated that opposite party Nos. 1 and 2 made an ......e Code of Civil Procedure against an order dated 19‑1‑03 passed by Joint District Judge, Court No. 1 at Moulvibazar in Succession Case No. 92 of 2002, which rejected the prayer of the petitioners for addition. 2. It is stated that opposite party Nos. 1 and 2 made an application under section ......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571...Category: Property Law | Date: | Hits: 69
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
.... rent receipts showing payment of rents, Exhibit 8 series and counterfoils evidencing possession through tenants, Exhibit 10 series. 36. Obaidul Islam made a waqf of 35 decimals of land. But his prayer for supplementary list with the engineer Obaidul Islam Waqf Estate was rejected by the Waqf A......dge at Dhaka in Title Suit No. 135 of 1997, which decreed the suit. 2. One ANM Obaidul Islam, predecessor-in-interest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaration of title and recovery of possession of the suit land measuring about 51 decimals, wh......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....nst the defendants but the defendants pray for directing the Court to deposit Taka 1,07,095/- through challan for satisfaction of the decree. The trial Court by Order No.64 dated 13.11.86 allowed the prayer and directed the judgment-debtor to deposit the amount through challan and the defendant pe......ely passed by the Subordinate Judge and Commercial Court No.1, Dhaka in Money Execution Case No.791 of 1986. 2. The plaintiff/decree-holder filed a Money Suit against the defendant Bank and others for recovery of an amount of Tk. 97,750/-. The suit was decreed in the following terms: "That......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....sentations had not been made by the learned Advocate for the petitioners while drafting this revisional application and also the bail application before this Court and it also appears that proper prayers have not been made in this revisional application and proper order of exemption from surrend......rming those passed by the Metropolitan Magistrate, Dhaka in P.Case No. 422a/83, convicting the accused petitioners under section 420 of the Penal Code and sentencing them there under to suffer R.I. for 1 (one) year each and to pay a fine of Tk. 5,000/- each, with a default order. 2. Facts, in s......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..Category: Criminal Law | Date: | Hits: 95
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... a vested and non‑resident property and the plaintiff possessed the same unlawfully. Thereafter, the plaintiff prayed for lease of the same on 4‑9‑2000 and the defendant No. 1 accepted the said prayer and granted yearly lease for Taka 5,712 per year. Accordingly, the lease money has been depos...... by the learned Senior Assistant Judge, Sadar, Kishoregonj in other Class Suit No. 136 of 2002 should not be set aside. 2. The petitioner as plaintiff instituted Other Class Suit No. 136 of 2002 before the Court of learned Senior Assistant Judge, Sadar, Kishoregonj for declaration that the Memo N......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....efendants died in 1994 and his heirs opposite party Nos. 1-9 were not substituted by the plaintiffs. Thereafter the suit was decreed ex parte in the preliminary form on 24-4-95. Then plaintiff made a prayer for appointment of a commissioner to effect partition and the commissioner after visiting the......e preliminary decree dated 24-4-95 passed in Partition Suit No.12 of 1992. 2. The petitioner as plaintiff instituted Partition Suit No.128 of 1984 in the Second Court of Subordinate Judge Comilla, for partition of the suit properties and to allot her a saham for her legal share inherited by her f......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140...Category: Procedural Law | Date: | Hits: 67
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