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Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....peration, the villagers of Gandina Hindu Community established a temple and set up the image of Sree Sree Shashan Kalimata and had been performing religious rites. During settlement operation, some lands were recorded in the name of ex-landlord but in the remark column "Kodaldoha Kalibari by the......ision (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Paresh Chandra Biswas……………………..Petitioner Vs. Shree Shree Shashan Kalimata Idol and others.......2002 passed by the learned Additional District Judge, First Court, Tangail in Other Suit No.01 of 1980 decreeing the suit. 2. The facts, leading to the filing of this petition, in brief, are that respondent Nos.1-10 herein as the plaintiffs instituted Title Suit No.01 of 1986 in the Court ......pondents Judgment January 17, 2013. Result: The appeal is dismissed. Lawyers Involved: S. N. Goswami, Advocate, instructed by Mr. Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Le..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....in the earlier judgment the emphasis was laid on the request to protect the citizen, this judgment says that the main function of a passport is to control the exit. So a pass port, whether in England or in the United States of America' serves diverse purposes; it is a "request for prot......communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......Advocate appearing on behalf of the petitioner while Ms. Amatul Karim with Mr. Swarup Kanti Dep, learned Assistant Attorney-Generals appearing on behalf of the respondents. 4. Mr. Uddin submits that the right to travel outside Bangladesh and return to Bangladesh is part of personal liberty guar......p; Anr 45 LEd 186; Leonard B Boundin Vs. John Foster Dulles, 136; Herbert Aptheker Vs. Secretary of State, 12 L Ed 992. Lawyers Involved: AM Mahbub Uddin with Nazmul Huda, Advocates— For the Petitioner. Amatul Karim, Assistant Attorney-General Swarup. Kanti Dep A A. G&mdash..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
.... of complaint before the Magistrate, Chittagong, which was sent to the Kotwali Police Station and ultimately treated as FIR. It was alleged by the informant that the schedule property was a purchased land of the informant and his brother Gias Uddin. The informant-owner was busy with business af......……………………………….Opposite-party Judgment January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Khizir Haider Vs. State, 73 MLR (AD) 157;13 MLR (AD) 157; Abdul Hague Vs. Sta...... in respect of accused-petitioner were stayed for a period of 6(six) months which has been subsequently extended from time to time. 3. Relevant facts necessary for disposal of the rule are that the informant Md. Nezamuddin at first filed a petition of complaint before the Magistrate, Chitt......ul Hague Vs. State, 60 DLR (AD) 1. Lawyers Involved: Khizir Haider Vs. State, 13 MLR (AD) 157; Abdul Haque Vs. State, 60 DLR (AD) 1. Md. Khurshid Alam Khan, Advocate—For the Petitioner. Md. Jashim Uddin, Assistant Attorney-General—For the opposite-party (S..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
.... shares, incorporated in the year 1978 under the Companies Act 1913 the government and its financial organizations hold major shares in the company; it has 12 Tea Estates having 10,949.58 hectares of land, out of which more than 50% area is under tea plantation. NTC is one of the major tea producing......anies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......nt Md. Rezaul Hasan J.- This is an application filed under section 81(2) read with section 85(3) of the Companies Act, 1994 (the Act). 2. It appears from the statement made in the petition that the petitioner is a shareholder of the Respondent No.1 company who holds 101 shares in the compa......the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....when the victim along with his brothers was returning home after working in their field, which is situated towards the southern side of Mirzapur C & B road, the appellants trespassed into their land with deadly weapons, assaulted the informant, (P.W.3), Muslem Mia (P.W.11) and the victim Sukk......of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts that he has to meet or in the alternative, to warn the accused of the case he is to answer. It shall contain......esult: The appeal is allowed. Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts that he has to meet or in the alternative, to ......s allowed. Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts that he has to meet or in the alternative, to warn the accused of the..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
....d the fact that the suit was filed as back as on 11-9-1984 and defendant No.8 filed the application for holding local investigation after cross-examination of the 3(three) witnesses of the plaintiffs land thus took dilatory tactics to delay the disposal of the suit.
15. In the above context, we......or the Respondents (In Civil Petition No.1041 of 2009).
Civil Petition for Leave to Appeal No.928 of with No.1041 of 2009.
(From the judgment and order dated the 19th day of February, 2009 passed by the High Court Division in First Appeal (FA) No.42 of 2006)
Judgment
Md. A Wahhab......
Md. Muzammel Hossain CJ
Md. A Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Imman Ali J
Ramala Khatun & another........................................Petitioners
Vs.
Baitul Aman Co......
Judgment
December 5, 2012.
Result:
The petitions are disposed of.
Lawyers Involved:
Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners (In Civil Petition No.928 of 2009).
Zainul Abedin, Advocate-on-Record..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....1998 against the defendants in the First Court of Joint District Judge, Narayanganj with prayer for declaration of title and recovery of possession. The plaintiffs' case, in brief, is that the entire land of CS Plot No.158 measuring 0.93 acre including the land of the 'ka' schedule measuring 0.14 ac......ultana J Syed Mahmud Hossain J Md. lmman Ali J Abdul Mannan Bhuiyan & others…………............Petitioners Vs. Md. Nasir Hossain…………………………………………......Respondents Judgment Dec...... Suit No.84 of 1998 against the defendants in the First Court of Joint District Judge, Narayanganj with prayer for declaration of title and recovery of possession. The plaintiffs' case, in brief, is that the entire land of CS Plot No.158 measuring 0.93 acre including the land of the 'ka' schedule me......s Vs. Md. Nasir Hossain…………………………………………......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a re..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....se No.235 of 1997 was filed by the appellant and his brothers before the Assistant Settlement Officer, Dagonbhuiyan, Noakhali praying for correction of recent survey map in respect of their inherited landed property. The objection case was fixed for hearing on 03.06.1997 but the appellant being unaw.........Appellant Vs. Md. Amir Hossain, Advocate and another…......Respondents Judgment November 28, 2012. Result: The appeal is allowed. Words and Phrases Review By preferring a review, an erroneous decision can not be re-heard and correcte...... in character. It may involve moral turpitude, but is not a mere error of judgment, carelessness or negligence in performance of duty. Supreme Court of India in a number of decisions reiterated that "misconduct" would cover any activity or conduct which his professional brethren of go.....................Appellant Vs. Md. Amir Hossain, Advocate and another…......Respondents Judgment November 28, 2012. Result: The appeal is allowed. Words and Phrases Review By preferring a review, an erroneous decision can not be re-heard ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....e petitioner concealed Tk. 9, 01,287 in her wealth statement. 8. The ACC failed to discover through its investigation that the aforementioned house was built jointly with other co-owners of the land on which the said house was built. Furthermore, the said amount was shown in the Income Tax Ret......Vs. The State………………….......................Respondents Judgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Pe......ubmit the statement of assets in her name, her husband’s name or in the name of her dependants, within 7 working days from the date of the receipt of the said notice. The notice further stated that if the statement of assets is not submitted within the stipulated time, she will be prosecuted u...... absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unreported, Writ Petition No.7245 of 2008; Khawja Nazir Ahmed Vs. Emperor 1945 DLR, PC 18, Abdul Quader V..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......se is also Reported in: ......t Division in Death Reference No.74 of 2004, which was heard along with Jail Appeal No.521 of 2004 accepting the reference and dismissing the jail appeal. 2. The prosecution case, in brief, is that on 14.05.2003 at about 10.00 a.m. in the morning when Rumi, the niece of the informant Khairul B......……..............Respondent Judgment November 26, 2012. Result: The Jail Petition is dismissed. Cases Referred to- State Vs. Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222. Lawyers Involved: Helal Uddin Mollah, Advocate- F..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......iff-Opposite Party Judgment November 21, 2012. Result: The Rule is discharged. Section 33(7) of Artha Rin Adalaat Ain, 2003 Without delivery of possession the execution case under the Artha Rin Adalat Ain, 2003 can not be disposed of as per provision of sub-section 7 of......heikh Abdul Awal J. - This Rule has been issued calling upon the opposite-party No.1 to show cause as to why the impugned judgment and order dated 25-4-2007 passed by the learned District Judge, Bagerhat in Artha Rin Appeal No.23 of 2005 allowing the appeal and thereby setting aside the judgment and......ction 33 of the Artha Rin Adalat Ain, 2003. ................... (8) Section 28, Artha Rin Adalat Ain, 2003 If the 2nd Execution case is filed after the expiry of one year from the rejection or disposal of the 1st Execution case or if any new execution is filed after expiry of six years of ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....t, 1950 (East Bengal Act No. XXVIII of 1951); section 96 In a case of pre-emption filed under section 24 of the Non-Agricultural Tenancy Act if a co-sharer tenant owns a portion of land in any plot, he is to be treated as co-sharer in the entire plot even if the land of that plot...... November 21, 2012. Result: The appeal is allowed. The Non-Agricultural Tenancy Act, 1949 (Act No. XXIII of 1949); section 24 The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 96 In a case of pre-emption filed unde......emption filed under section 24 of the Non-Agricultural Tenancy Act if a co-sharer tenant owns a portion of land in any plot, he is to be treated as co-sharer in the entire plot even if the land of that plot is recorded in more than one khatian. Therefore, in the event of transfer of a portion of......Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 96 In a case of pre-emption filed under section 24 of the Non-Agricultural Tenancy Act if a co-sharer tenant owns a portion of land in any plot, he is to be treated as co-sharer in the entire plot even if the land of..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
..... Khorshed with a view to killing Nasima out of family misunderstanding. Pursunt to the plan, on 26-9-2000, Tipu took away his wife Nasima accompanied by the accused Shahid and Khorshed to the raised land (টেক) at Solia Mouza at a distance of about 1,000 yards to the south of Moulana Bhashanni......w that the requirement of adherence to the provisions of section 164(3) of the Code of Criminal Procedure is not a mere matter of form but of substance. Section 164(3) is a mandatory provision of law as has been settled by the Privy Council.......... (55) Statement must be voluntary Before......Judgment November 20, 2012. Result: The appeals are dismissed. Section 164(3), the Code of Criminal Procedure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) of the Code of Criminal Procedu...... ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ce, 1970 (Ordinance 24 of 1970) issued by the Senior Assistant Commissioner, Vested Property Cell, Office of the Deputy Commissioner, Dhaka asking the petitioner and two others to handover a piece of land after removing the structures standing thereon within seven days from receipt of the notice (An......e termed unauthorized within the scope of Ordinance 24 of 1970……………………………….(12) Lawyers Involved: Md. Zakir Hossain, Advocate-for the petitioner S M Quamrul Hasan, Assistant Attorney General (with leave of the Court)- for the respondents. Writ Petition ......so Reported in: ...... and others ………...Respondents Judgment November 18, 2012. Result: The Rule is made absolute. Legality of a notice under section 5 (1) of the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 (Ordinance 24 of 1970) When ..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....s case No.75 of 1996 under section 96 of the State Acquisition and Tenancy Act on the allegation that the opposite-party No. 3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite-party Nos. 1 and 2 by a so-called deed of exchange in order to defeat the right of ......ellant Vs. Bazlur Rahman Khan and others......Respondents Judgment November 14, 2012. Result: The appeal is allowed. Re-admit of Appeal- Whether the appellant was prevented by sufficient cause from appearing before the Court- The question of considering t...... of mere apprehension for non-appearance. Order XLI, rule 19 of the Code of Civil Procedure gives ample power to the appellate Court to re-admit the appeal if the Court is satisfied that the appellant was prevented by any sufficient cause from appearing before the Court when t...........Respondents Judgment November 14, 2012. Result: The appeal is allowed. Re-admit of Appeal- Whether the appellant was prevented by sufficient cause from appearing before the Court- The question of considering the matter of re-admission of an appeal before a Cou..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....ent in 1951 as an Assistant Engineer under the then Government of Pakistan. While serving in C&B department, Engineer Shamsul Kabir Humayun Reza of 157, Bara Mogbazar purchased 10 (ten) kathas of land at Bara Mogbazar by a registered deed dated 28-9-1957 being deed No.9847. Subsequently, he by a......ahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others……………………Respondents (In Civil......er Vs. State, 10 DLR (SC) 193; Allah Ditta Vs. State, 11 DLR (SC) 38; Chainchal Singh Vs. Emperor, AIR 1946 PC 1. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. (In Civil Petition No.2199 of 2011) Fida M ...... November 12, 2012. Result: The petitions are dismissed. Cases Referred to- Ali Haider Vs. State, 10 DLR (SC) 193; Allah Ditta Vs. State, 11 DLR (SC) 38; Chainchal Singh Vs. Emperor, AIR 1946 PC 1. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Su..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....nstitutional Courts intervene in these types of matter in order to oblige the law enforcing agencies to initiate criminal proceedings against the offenders. In view of the fact that, in the case at land, the victim herself has lodged the F.I.R. before issuance of the instant Rule and the principl......ondent No. 4. Khan Ziaur Rahman, Advocate-for the Respondent Nos. 5 and 8. Writ Petition No.14465 of 2012. Judgment Naima Haider J.- This writ petition designed and styled as a public interest litigation has been filed by an Advocate and a human rights activist who is th......r orders as to this Court may seem fit and proper. 4. Facts leading to the issuance of the Rule, in brief, are: A news was published in the daily “Ittefaq” on 20.10.2012 with the headline that "দোররায় ক্ষত বিক্ষত নাজিরপুরের নিলু......a and others.………...... Respondents. Judgment November 8, 2012. Result: The Rule is disposed of with direction. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Md. Mokleshur Rahman, Deputy Attorney General -For the Respondent No. 4. ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
.... discharging the rule. 2. The plaintiff-respondent Nos.1 to 5 filed Title Suit No.77 of 1998 in the court of Senior Assistant Judge, Rampal, Bagerhat for declaration of their title in the suit land. 3. The case of the plaintiffs, in short, was that the suit land along with other lands o...............Respondents Judgment October 18, 2012. Result: The petition is dismissed. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appe...... Vs. Nirmalendu Mondal and others......................Respondents Judgment October 18, 2012. Result: The petition is dismissed. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record- For ......du Mondal and others......................Respondents Judgment October 18, 2012. Result: The petition is dismissed. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record- For the Respondents. ..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....nd (b) approve proper places in any custom station for the loading and unloading of goods or any class of goods." Section 2 (iii) read with section 9 (b) of the Customs Act define Customs Inland Container Deport. Section 9 (b) stipulates; "The places which alone shall be land cus...... Government of the Peoples Republic of Bangladesh & others.......Respondents Judgment October 16, 2012. Result: The Rule is discharged. Lawyers Involved: AF Hasan Ariff, Advocate with Md. Bahadur Shah, Advocate—For the Petitioner. Imranul Kabir, A......he goods in question. But, the respondent No.4 did not deliver the aforesaid goods to the petitioner. 3. Mr. AF Hasan Ariff along with Mr. Md. Bahadur Shah, appearing for the petitioner submits that the petitioner submitted bill of entries on 14-10-2010 and as per the provisions of Section 82A ......ers.......Respondents Judgment October 16, 2012. Result: The Rule is discharged. Lawyers Involved: AF Hasan Ariff, Advocate with Md. Bahadur Shah, Advocate—For the Petitioner. Imranul Kabir, Advocate with Farzana Ahmed, Advocate—For the Responden..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....e, Dohar Court, Dhaka on transfer which was renumbered as the title Suit No.191 of 2005 against the present petitioners contending that Ahsan Ullah Bhuiyan was the owner and possessor of 7 decimal of land appertaining in C.S. Khatian Nos. 168 and 16 and C.S. Dag Nos. 423, 433 and 434 corresponding t...... Islam Chowdhury J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka and others……………………………………………Petitioners Vs. Mrs. Mohsina Rahman alias Joya …………………..Opposite Party Judgment October 15, 2012. Result: Rule i......(decree signed on 5.10.2005) passed in Title Suit No.191 of 2005 by the learned Senior Assistant Judge, Dohar Court, Dhaka dismissing the suit. 3. The relevant facts for disposal of this Rule are that the present opposite party as plaintiff, Mrs. Mohsina Rahman alias Joya, filed the Title Suit No......……Petitioners Vs. Mrs. Mohsina Rahman alias Joya …………………..Opposite Party Judgment October 15, 2012. Result: Rule is discharged. Cases referred to- Abdul Noor (Md.) alias Gunnu Mia and another Vs. Makhan Mia alias Md. Laisuzzaman and others 60 DLR (AD) (20..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
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