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....rding to him, the latter Khatian should relatively have more weight than the previous one. He has further submitted that the presumption of the C.S. Khatian which is subsequent in point of time was rightly accepted by the Courts below than those in the batwara khatian; according to him the C.S. ...... by the defendants is directed against the Judgment and decree passed by the learned Additional District Judge, Comilla (Tripura) affirming those of the learned Subordinate Judge, Comilla in a suit for partition.
2. Plaintiffs have alleged that the suit properties belonged to Arman Mir and Jami......n lost its relative weight after C.S. Khatian came into being in 1915-18. In the absence of any other evidence the latter khatian was rightly accepted by the Courts below in proof of the state of affairs existed at the time when the records were prepared, and that the presumption of the C.S. Kha......ian No.146; properties recorded in Batwara khatian No.38 have been wrongly included in the suit khatian No.146 of Dhaneswar Mouja; and these are not liable to be partitioned in this suit.
In the trial the principal point for determination was whether the lands in Batwara Khatian No.38 were se..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....ers have no interest over the case property, they are not aggrieved person according to Article 102 of the Constitution and as such they can not file an application for enforcement of any fundamental right. In support of his contention, he cited the case Mian Ahmed Kibria Vs. Government of Banglades......Ali J.- This Rule nisi was issued calling upon the Respondents to show cause as to why order dated 17.05.2006 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......es concern 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: 30 BLD (HCD) (2010) 212. ......y are fighting for a fruitless litigation is the matter of evidence which to be decided by the Court of Settlement itself after recording the evidences adduce by the respective parties at the time of trial of the case, not by this Court and as such we do not find any substance in the submission of t..Category: Procedural Law | Date: | Hits: 24
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....suit property in question. The said application for injunction was opposed by the defendant-opposite parties by filing written objection wherein the case of the defendant is that the plaintiff had no right, title, interest and possession in the suit property inasmuch as Bilkis Begum was not a sister...... injury and balance of convenience and inconvenience must be in favour of the applicant. The element of prima-facie case, irreparable loss and balance of convenience and inconvenience must co-exist before granting injunction and if any one of these elements are missing, it disentitles the applicant ......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......efendant Opposite-Parties Judgment March 29, 2006. Result: The Rule is discharged. In order to get an injunction the applicant has to show that she has a prima-facie case to go to the trial and if no injunction is granted that would cause irreparable loss and injury and balance of co..Category: Procedural Law | Date: | Hits: 26
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......Rule the opposite parties were called upon to show cause as to why the Sessions Case No, 315 of 2004 arising out of C.R. Case No.294 of 2004 under Sections 448/385/427/506 of the Penal Code pending before the Sessions Judge, Comilla shall not be transferred to the Court of Sessions Judge, Brahmanbar......04 for framing of charge and kept the application for cancellation of bail in record and accordingly, for all these reasons the innocent petitioners have reasonably apprehend that they will not get a fair and impartial trial from the Sessions Judge, Comilla or under Sessions Jurisdiction of District......385/527/506 of the Penal Code and issued process against the accused petitioner and ultimately in due course of law the case record was transferred to the Court of learned Sessions Judge, Comilla for trial. Mr. Ahmed, in the course of argument, placing the notice dated 2.9.2004 issued by the General..Category: Criminal Law | Date: | Hits: 18
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ...... orders passed as to this Court may seem fit and proper. 2. One Iqbal Kabir lodged an ejahar with the Kotwali Police Station, Barisal alleging, inter alia, that on 18.12.2000 at about 8:00 p.m. informant's daughter Mohoshena Begum @ Era aged about 5 years was lost from the residence of his fathe......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......ported in 28 DLR (AD) 38 he submits that the High Court Division should not invoke upon an inquiry under section 561A of the Code as to whether evidence is reliable or not because the function of the trial Court after examination of witnesses is to decide as to the complicity of the accused-petition..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....oom of his uncle and at that point of time Farid told to Moinuddin to open fire, on that, accused Mofiz switched on his 3 battery torchlight at his uncle and accused Moinuddin fired by his gun on the right side of the chest of his uncle Abdul Motlib who fell down being injured and died within 10 min......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 ......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......reby submitted charge sheet under sections 448/302/326/307/34 of the Penal Code against them. 5. Ultimately, the accused persons including the condemned prisoner and the appellants were put on trial before the learned Additional Sessions Judge, 3rd Court, Sylhet to answer a charge under secti..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....istry of Works, Government of the People's Republic of Bangladesh and others reported in 49 DLR 456. 8. Mr. JK Paul, the learned Advocate appearing for the petitioner, submits that the trial Court rightly dismissed the suit but the appellate Court below erred in law in decreeing the suit setting ......anj, Noakhali in Title Suit No.156 of 2002 should not be set aside. 2. Fact leading to this Rule, in brief, is that the opposite party No.1 as plaintiff instituted the suit against the defendant for declaration that his removal from the post of Headmaster of the Suit School is illegal, inop......t is hereby affirmed. 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: 13 BLC (HCD) (2008) 63. ......d Exhibit "A" series in support of his case while the defendant examined 3 D.Ws. and produced some document marked Exhibit "Ka" series in support of their case. 6. In consideration of the evidence trial Court dismissed the suit. Plaintiff preferred Title Appeal No.147 of 2003 in the Court of the ..Category: Employment/Service Law | Date: | Hits: 29
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....petitioners is that in the absence of any order by the Magistrate giving a reason in writing extending the time after the expiry of 60 working days from 9.2.85, the accused petitioners acquired the right to be released on the expiry of sixty working days. 14. It is significant that in section 3...... 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.......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. ...... the following order. "The two accused on bail are present, prosecuting Inspector has filed an application for time (on the ground stated therein). Heard. Let the case, be transferred from my trial Court file to the General file and be kept in the General file till the receipt of the split u..Category: Criminal Law | Date: | Hits: 144
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....re are consistent evidence that the appellants inflicted lathi blows upon the deceased causing injuries and subsequently he succumbed to the injuries. The learned Judge of the trial Court, therefore, rightly found the appellants guilty under the charge as framed against him, which calls for no inter...... by the learned Sessions Judge, Bagerhat in Session Case No.01 of 1991 convicting the appellants under section 304 Part-1 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 2,000/- in default to suffer rigorous imprisonment......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......ons Judge, Bagerhat, who framed charge under sections 149/447/304 of the Penal Code against all the accused to which the accused on dock pleaded not guilty and claimed to be tried. 5. In course of trial the prosecution in all produced 13(Thirteen) witnesses, of whom examined 8(eight) witnesses an..Category: Criminal Law | Date: | Hits: 127
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......ve view finds support in the case of Nurul Islam Vs. State reported in 1988 BLD 106. 51. The object of the provisions of section 103, CrPC is to ensure conducting of search in an impartial way and fair manner and also ensure that there is no planting of incriminating articles by the police or by ......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. ..Category: Criminal Law | Date: | Hits: 134
Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
....Advocate for the petitioner. 5. The learned Assistant Attorney General appearing for opposite party No.1 opposes the Rule and submits that after considering the materials on record the Court below rightly framed charge against the petitioner, which calls for no interference by this Court. 6. I......awful marriage, thereby committed the offence under section 493, of the Penal Code. Eventually, charge under section 493 of the Penal Code was framed against the petitioner. The case is now pending for trial. 3. Feeling aggrieved the petitioner preferred the instant application and obtained the......ve the Rule is discharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ......ful marriage, thereby committed the offence under section 493, of the Penal Code. Eventually, charge under section 493 of the Penal Code was framed against the petitioner. The case is now pending for trial. 3. Feeling aggrieved the petitioner preferred the instant application and obtained the pre..Category: Criminal Law | Date: | Hits: 126
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
.... the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists. Nothing in this section impair the right of transfers in good faith for consideration without notice of the existence of the said optio......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......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......t was taken up for hearing by the learned Joint District Judge, where plaintiffs examined 5(five) witnesses and the defendants examined 6(six) witnesses on their behalf and upon conclusion of the trial the learned Joint District Judge by his Judgment and decree dated 30-7-2000 decreed the suit d..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......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 property proceeding as described in schedule 'Ka’ to the plaint......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......se of the property and as they did not get the lease renewed the same has been leased out to defendant No.4. 5. Defendant No.4 filed a separate written statement but did not turn up at the time of trial. The learned Subordinate Judge, on consideration of the evidence on record, decreed the s..Category: Property Law | Date: | Hits: 64
....t maintainable.
On the aforesaid pleadings the trial Court framed issues, namely, whether the suit was maintainable in its form; whether it was barred by limitation; whether the plaintiffs had any right, title and possession over the suit land; and whether they were entitled to get any relief as ......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......above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
......er any land to the plaintiffs and the sale deeds produced by them were forged. They had no lawful possession in the suit land and that the suit was not maintainable.
On the aforesaid pleadings the trial Court framed issues, namely, whether the suit was maintainable in its form; whether it was bar..
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
.... have no interest over the case property, they are not aggrieved person according to Article 102 of the Constitution and, as such, they cannot file an application for enforcement of any fundamental right. In support of his contention, he cited the case Miah Ahmed Kibria Vs. Government of Banglades...... 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. ......e fighting for a fruitless litigation is the matter of evidence which is to be decided by the Court of Settlement itself after recording of evidences adduce by the respective parties at the time of trial of the case, not by this Court and, as such, we do not find any substance in the submission ..Category: Property Law | Date: | Hits: 66
Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)
.... appearing on behalf of the petitioner company, submits that the company was incorporated only about three months ago and it has not been fully operational. He contends, unless the paid up capital is rightly shown in the Memorandum and Articles of Association, any person dealing with the company may......tioner. Not Represented ‑ For the Opposite Parties. Company Matter No.31 of 1996. Judgment Kazi AT Manowaruddin J.-This is an application under section 59(1) of the Companies Act, 1994, for the rectification of share Capital of the Company. 2. The petitioner is the Managing Director......ight to reduce capital has been conferred on the company statutorily and the Court should not refuse to confirm the reduction of capital decided upon by a company unless the reduction appears to be unfair or inequitable. 20. The proposed reduction appears to be bonafide and fair. 21. In view o......ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ..Category: Company Law | Date: | Hits: 74
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....on under section 40 of the Bankruptcy Act before the Bankruptcy Court stating preposterous facts which are, in fact, beyond the scope of law and accordingly, the learned Judge of the Bankruptcy Court rightly and legally rejected same by his order dated 2-1-2000 and thereafter the petitioner without ......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, ......y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ......nt No.6) and thereupon, the plaintiff bank (respondent No.2) fraudulently obtained the impugned Judgment and decree against the petitioner and others. The learned Advocate further submits that during trial of the suit the petitioner was totally unaware about the suit, on 18-10-1999 for the first tim..Category: Procedural Law | Date: | Hits: 114
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
.... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ......pecial Tribunal No.3 Dhaka in Special Tribunal Case No.347 of 1993 arising out of Mirpur Police Station case No.42 dated 10‑9‑82 under section 19(a), (f) of the Arms Act, rejecting an application for bad of the appellant. 2. Facts relevant for the purpose of the appeal are, that on 10‑9‑9...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ......bmitted charge sheet against the appellant and another namely, Syedur Rahman under, section 19 (a) and (f) of the Arms Act. 4. On 15-4‑93 the Special Tribunal, Dhaka received the case record for trial and transferred the same to the Court of Special Tribunal No.3 who took cognisance and framed ..Category: Procedural Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....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 or interest in the suit properties. Besides, the Bank has categorically denied all the ......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...... Joint District Judge, 5th Court, Dhaka, in Title Suit No.31 of 2011 is hereby set-aside. Let a copy of this Judgment, and order be sent to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for their evaluation of the judicial functions of the learned Judge Mr. Mohammad Sharif Hossa......for power connection, a copy of trade license, a receipt showing payment of electricity bills, a mutation Khatian and a receipt showing payment of Tk. 25 lakh to the defendant No.07 in the Court. The trial Court has also recorded that the Bank has filed Artha Rin Suit No.574 of 2005 for the realizat..Category: Administrative Law | Date: | Hits: 212
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
....tuted 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 Schedule 'Ga' ......, 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. ...... filed two applications, one for recalling P.Ws.2-5 for cross-examination and another for examination of witness on behalf of defendant No.22 herein-petitioner. After hearing the learned Judge of the trial Court, by order dated 17-04-2004 rejected both the applications. 6. Being aggrieved by afor..Category: Property Law | Date: | Hits: 58
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