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Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....ailure 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 heritable right. The other incidental issue is whether the findings of the Courts below about adverse possessi......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. ......tiffs and their predecessor Abdul Hamid. Such possession was never by virtue of any licence, rather it constitutes at least an adverse possession for a long time resulting in acquisition of title The trial Court framed 5 issues, namely on-(l) maintainability of the suit, (2) existence of right, titl..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....ty No.3 coupled with the oral evidence of the parties conclusively prove that the defendant opposite party Nos.1 to 3 are in possession of the suit land and in that view of the matter the trial Court rightly observed that the instant suit as framed is not maintainable for declaration simpliciter wit......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. ......he was the daughter of co-wife of her husband. Insun Bibi or her children did not inherit the property left by Khanto Bibi. 6. On the basis of the aforesaid pleadings of the respective parties the trial Court framed the following issues:- I) Whether the suit was maintainable in its present for..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....l prerequisite has not been complied with or has been complied with in a manner which renders it nugatory in the eye of law, the very basis of the prosecution case of an accused disappears and he has right to come to this Court and ask for quashment rather than to face the vicissitudes of trial. The...... 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 ......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ...... to GR Case No. 451 of 2007 arising out of Kotwali PS Case No. 59 dated 21-6-2007. Under section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act 1947, now pending for trial in the Court of learned Special Judge, Mymensingh. Accordingly, a Rule has been issued upon th..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......and order dated 20-4-1981 disallowing pre‑emption under section 96 of the State Acquisition and Tenancy Act. 2. Abdur Rashid Bhuiyan, predecessor-in‑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,......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......case land by making earth‑work but the pre‑emptor did not deposit the said improvement cost along with the pre‑emption application and, as such, the case is liable to be dismissed. 4. At the trial the pre‑emptor examined 4 witnesses and contesting opposite party No.1 examined 5 witnesses ..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ...... 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......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......itioner also filed an application for temporary injunction on 8‑9‑86 in order to restrain the defendant Nos.1 and 2 from dispossessing the suit land including huts and trees standing thereon. The trial Court, thereupon, issued show cause notice on the said defendants and passed an ad‑interim o..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
.... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ......e further proceeding of Title Execution Case Nos.6 and 7 of 1994 of that Court till disposal of First Miscellaneous Appeal No.244 of 1994 pending in the High Court Division. 2. The facts necessary for the disposal of this Rule are that the opposite party No.1, Kafiluddin Ahmed as plaintiff filed ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ......itle Suit Nos.50 and 54 of 1984 against the same vendor opposite party No.2, Mahmuda Begum Chowdhury on the basis of their two separate bainapatras and obtained decrees in both the suits on analogous trial. The Judgment debtor opposite party No.2 preferred First Appeal Nos.24 and 25 of 1989 in the H..Category: Procedural Law | Date: | Hits: 69
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....nsferred his land by a kabala deed dated 6-12-1949 to Bachchu Mia. After his death, plaintiff No. 2 became his sole heir. Thereby plaintiffs became owners in possession of the suit land and record of right stands in their names. The defendant although had no title and possession in the suit land but......r and others…………..Opposite Parties Judgment March 9th, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Md. Abdul Awal with Chowdhury Nasima, Advocates ......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......tent Civil Court. 5. On the pleadings, different issues were settled including issue of maintainability and issue whether judgment of the Village Court is without jurisdiction. 6. In course of trial, plaintiffs examined four witnesses, of them P.W. 1, Abu Taher (plaintiff No. 1) who narrated ..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....xecuted earlier. He further submits that the kabala dated 21.5.1979 of pre-emptee-opposite party No.2 was antedated and that the same was created with a mala fide intention to frustrate the statutory right o pre-emption of the pre-emptor. He lastly submits that considering the evidence on record b......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. ...... P.Ws. The pre-emptor adduced documents which were marked as Exhibit Nos.1-3 and the documents adduced by pre-emptee No.2 were marked as Exhibit A and B. 8. Considering the evidence on record, the trial Court allowed the miscellaneous Case. On an appeal therefrom at the instance of pre-emptee No...Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
.... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... sentence dated 26.8.2001 passed by the Additional Sessions Judge, Madaripur convicting the accused-appellant under section 302/34 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk. 10,000/- in default to suffer rigorous imprisonment for 2 months m......d that there is a clear violation of section 233 of the Code of Criminal Procedure. As regard the legal consequence in the event of such defect the learned Deputy Attorney General submits that in all fairness this case should be send back on remand for a new trial. This part of the submissions of th......olice started investigation of the case and after completion of the investigation submitted charge sheet against the accused-appellant and others under sections 364/302/34 of the Penal Code. 4. On trial charge was framed under sections 364/302/34 of the Penal Code against the accused-appellant wh..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....ccused-petitioner filed an application before Senior Special Judge to review the Order of taking cognizance in the form of Naraje-Petition which was rejected with an observation that cognizance has rightly been taken and there is no scope to review the Order of taking cognizance dated 18-4-1993 ag......urt of Senior Special Judge, Chittagong shall not be quashed and/or such other or further Order or Orders passed, as to this Court may seem fit and proper. 2. In short, the case of the prosecution for the purpose of disposal of the Rule is as follows:- One Monjur, the then Inspector of Distric......this case as stands in absolutely lack of legal evidence; as such the very proceeding will be sheer abuse of the process of the Court causing unnecessary harassment of the petitioner in the name of fair trial. In fact, there is no prima facie evidence which can constitute the offence punishable ......able under sections 420/409 read with section 5(2) of Act II of 1947. On such ground the FIR was recorded on 9-2-1991 and on investigation police report was submitted with a recommendation to stand trial of the accused-petitioner on 9-2-93 followed by the sanction as required by law received from ..Category: Procedural Law | Date: | Hits: 59
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
....s on or before 13.05.2001 which the plaintiffs failed and thereafter he modified the decree dismissing the suit. An appeal was preferred and the appellate Court on considering the materials on record rightly sent the case back on remand to the trial Court with a direction to accept the deficit Court......urigram, in other Class Suit No.2 of 1994 decreeing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts involved for disposal of the rule are as follows: The plaintiff's case in nutshell was that the suit jote ...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......o.323 acre 4.07, in plot No.323, .56 decimal land in plot No.323 recorded 1.06 decimals total 10.06 recorded in the name of defendants. Plaintiffs case was liable to be dismissed in limine. 4. The trial Court on conclusion of the hearing decreed the suit conditionally to file deficit Court fees o..Category: Property Law | Date: | Hits: 48
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....t of his contention. 13. Mrs. Umme Kulsum Begum, Deputy Attorney General along with Mr. S.M. Shajahan Kabir the learned Assistant Attorney General for the State submits that the appellant has been rightly convicted under section 19A of the Arms Act and sentenced thereunder to suffer rigorous impr.......S Case No.14 dated 03.01.1999 corresponding to GR Case No.359 (Purbo) of 1999 convicting the appellant Nur Hossen under section 19 A of the Arms Act and sentenced him to suffer rigorous imprisonment for 10 (ten) years. 2. The prosecution case, in short, is that on 03.01.1999 one Sub-Inspector En......absence of a provision in procedural laws, power inheres in every Tribunal/Court of a judicial or quasi judicial character to adopt modalities necessary to achieve requirements of natural justice and fair play to ensure better and proper discharge of their duties. Procedure is mainly grounded on the...... the investigation, he submitted the charge sheet being No.100 dated 12.02.1999 against the accused NUT Hossen under section 19A and 19 (f) of the Arms Act. 5. The accused Nur Hossen was placed on trial on charge under section 19A and 19(f) of the Arms Act for keeping illegal Arms in his possessi..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
..... Khondker Mahbub Hossain, the learned Advocate appearing on behalf of the petitioner, submits that as per section 205(2) of the Code of Criminal Procedure this appeal is incompetent and should be outright dismissed. 5. Mr. Khan Saifur Rahman, the learned Advocate appearing on behalf of the oppos...... by the learned Judge of Janonirapatta Bighnakari Aparadh Daman Tribunal No.4, Dhaka. 2. An impugned question of law as to interpretation of section 205 of the Code of Criminal Procedure is posted for decision. 3. The facts of this case are that accused petitioner abet Shimi Banu, an adult dau...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......f the deceased, since a case has been initiated by the police and was recorded as FIR, was recorded as GD Entry No.1524. the case initiated by the police was investigated and ultimately, was sent for trial and after conclusion of the trial, the learned Magistrate passed the sentence. Since the sente..Category: Criminal Law | Date: | Hits: 39
....vil case pending before any officer or Court or refer it for trial to some other officer or Court.
9. From a combined reading of those sections, it transpires that the petitioner-Bank as plaintiff rightly instituted the Money Suit No.33 of 1989 before the Deputy Commissioner, Rangamati and therea......m fit and proper.
2. Facts giving rise to the Rule are that the petitioner is a Manager of Bangladesh Krishi Bank, Rangamati Branch, Rangamati. The respondent No.6 filed an application to the Bank for sanction of loan for their fishing project of Kaptai Lake and thereupon the Bank sanctioned taka......is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......ional Sessions Judge].
(2) As Sessions Judge the Commissioner may take cognizance of any offence as a Court of original jurisdiction, without the accused being committed to him by a Magistrate for trial, and, when so taking cognizance, shall follow the procedure prescribed by the Code of Criminal..
Category: Civil Law | Date: | Hits: 74
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all further proceedings of the said G.R. Case were also stayed. 3. The facts relevant for the purpose of disposal of the Rule are that one Md. Abdul Karim lodged FIR with Taknaf Police S...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......duct of the accused No.1 intention of deceiving the informant at the initial stage can be gathered in this case. All these facts asserted by the parties are necessary to be adjudicated at the time of trial. When the police officer collected materials and submitted charge sheet against the accused-pe..Category: Criminal Law | Date: | Hits: 62
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....ers to dispossess them from the suit-land and hence the suit. 3. The present opposite party Nos. 1-4 as defendant Nos. 7-10 contested the suit by filing a written statement denying the plaintiff's right, title and possession in the suit land and contending, inter alia, that the suit land original...... 2. Facts, in short, are that the Plaintiff-Appellant-Petitioners instituted Title Suit No.400 of 1981 in the Court of learned Munsif, Satkhira impleading the opposite parties as defendants praying for a decree for title and confirmation of possession in the suit land stating, inter alia, that tot......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......out consideration and not acted upon, The plaintiffs have no title and possession in the suit land. The plaintiffs suit is false and mala fide, which is liable to be dismissed with cost. 4. At the trial, the then learned Munsif, 2nd Court, Satkhira framed appropriate issues in the suit and the pl..Category: Property Law | Date: | Hits: 57
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......d. Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.178 of 2009. (From the judgment and order dated 27th July, 2008 passed by ......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......als available on record, framed charge against the accused persons under sections 147/149/302/34 of the Penal Code and read it over to them in open Court to which they pleaded not guilty and demanded trial. Thereafter, he transmitted the case to the Additional Sessions Judge, Rangpur for trial. 6..Category: Criminal Law | Date: | Hits: 60
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....d owner Serajul Islam who also put his signature on the document of delivery of possession. Since that day DIT and then RAJUK had been in possession of the suit land. The plaintiffs had/have no legal right, title to and interest in the suit land and they are unauthorized and illegal possessors of RA......ge, 6th Court, Dhaka in Title Appeal No.301 of 2000 reversing the judgment and decree dated 7.5.2000 passed by the Assistant Judge, 2nd Court, Dhaka in Title Suit No.255 of 1999. 2. Facts relevant for disposal of this Rule, in brief, are as under: The plaintiff opposite parties had filed Title......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......he petitioners further contention is that on 4.7.2000 after disposal of the original suit RAJUK evicted the plaintiffs and other unauthorized occupants and took possession of the suit land. 4. The trial court on consideration of the evidence on record dismissed the suit with the observation that ..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....Date of pronouncement of Judgment of Appellate Judge is 3-8-2000. 10. Defendants-petitioners, thereafter, approached this Court in a Revision Petition under section 115 of The Code in challenge of righteousness of Judgment handed down by learned Appellate Judge. 11. Mr. Shah Monzurul Hoque, le......Mandal, 26 DLR 3; Abdur Rashid Vs. Abdul Barik, 35 DLR (AD) 162 = 1984 BLD (AD) 83 . Lawyers Involved: Shah Monzurul Hoque, Advocate - For the Petitioners. Mohammad Abul Kashem Bhuiyan for AB Roy Chowdhury, Advocate - For Opposite Party No.1. Civil Revision No.5369 of 2000. ......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......88 passed in Pre-emption Miscellaneous Case No.66 of 1984 illegal and binding upon plaintiff? iv. Is the plaintiff entitled to relief sought for? 6. Learned Assistant Judge, Kachua, Chandpur as trial Judge decided first issue in favour of plaintiff-opposite party. Learned trial Judge held that..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....ers, stating that they are the president and secretary respectively of the organization named “Human Rights And Peace For Bangladesh”(HRPB), which body is engaged in promoting and defending human rights, working to establish rule of law and supporting the victims of human rights violations, felt......D 104); Gouriet Vs. Union of Post Office Workers, 1978, AC 435; Associated Provincial Picture Houses Ltd. Vs. Wednessbury Corporation (1948, 1KB 223);Council of Civil Service Association Vs. Minister for Civil Service, Popularly Known as GCHQ Case (1985 AC 374); Padfield Vs. Minister of Agriculture ......pon the respondents to show cause as to why a direction should not be given upon the respondents to implement the recommendation of the Parliamentary Sub-Committee of Law, Justice and Parliamentary Affairs about the Remuneration and Privileges of the Hon’ble Judges of the Supreme Court of Banglade......e community in justice being done - - --.” 52. Through the above scripted passages Lord Denning revealed how the difficult job of striking the balance between individual liberty, a fair criminal trial, non retrospectivity, privacy and property rights as against official power, are performed by ..Category: Constitutional Law | Date: | Hits: 413
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