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Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....that there was free fight between the parties; that the causing hurt is not a sudden act of the petitioner and that of the lack of proper treatment. He further submits that the learned Sessions Judge rightly framed charge against the accused petitioner under section 302/34 of the Penal Code by the i...... caused……………………………….(13) By 'intention' is meant the exception of the consequences in question. Intention does not imply or assume the existence of some previous design or forethought. It means an actual intention, the existing intention of the moment, and is proved by, o......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......, 1898 can be attracted in a case of most exceptional nature. Revisional powers of the High Court are purely discretionary, it is permissible for the High Court to interfere at any stage in a pending trial provided there is sufficient material to assume that manifest or patent injustice has been don..Category: Criminal Law | Date: | Hits: 66
....of 1908) reads as follows:-
(b) "a document the registration of which is secured by the inclusion of a nonexistent, fictitious or insignificant portion or item shall not in any manner affect the rights of a person who was not a party thereto and acquired rights in the property without notice of......ersing those dated 26.10.1998 passed by the learned Assistant Judge, Gomestapur, Nawabgonj in other Class Suit No.38 of 1987 decreeing the suit should not be set aside.
2. The brief facts relevant for disposal of this Rule are that the petitioners as plaintiffs instituted Other Class Suit No.38 o......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......he alleged deed dated 12.01.1961 in favour of the mother of the plaintiffs are false, forged and fabricated and as such the suit is liable to be dismissed.
4. Upon the pleadings of the parties the trial Judge framed 4 issues to decide the suit. At the trial the plaintiffs examined 6 PWs. and the ..
Category: Property Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......n the law gives anything to anyone it gives also all those things without which the thing itself would not exist…………………………..(7) The inherent power, thus, can be exercised only for exercise of the three purposes specifically mentioned in the section which are- (a) the powe......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......o jeopardy and also to correct patent illegalities……………………………..(8) The High Court Division while exercising power under section 561A should not usurp the jurisdiction of the trial court. The power under the section has been vested in the High Court to quash a prosecution wh..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....6.99 they did not mention that they would issue the cheques as and when they receive the advice from Contech Ltd. and or on Receipt of bill from the Contech. Here it appears to us that Mr. Rahman has rightly submitted that there is a financial dealing between the dishonest bank officials with the Si......ith T.M. Shakil Hasan, Advocates-For the Respondents. First Miscellaneous Appeal No.81 of 2005 F.M.A.T. No.70 of 2005. Judgment Syed Amirul Islam J.-This Miscellaneous Appeal is taken up for hearing along with an application for vacating the stay filed by the plaintiff-respondents (here......s why they did not feel it necessary at any stage of proceeding about the loan liability as their liability was taken by Siemens on their shoulder and if now they default in making the payment in all fairness in terms of the tripartite agreement they ought to have pursue the Siemens for making the p......int and the admitted documents wherefrom we arrive at a finding that in view of the admitted documents it appears to us that the plaintiffs have been able to prove a strong arguable case to go at the trial. This is a unique noble question of law to our knowledge has been raised for the first time in..Category: Civil Law | Date: | Hits: 87
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....din, the learned Advocate appearing on behalf of the plaintiff opposite party, on the other hand, submitted that the learned appellate Court on considering the evidence of the P.W.s and DWs on record rightly allowed the appeal and in the absence of any misreading or non consideration of the material...... such other or further order or others as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The opposite party No. 1 as plaintiff instituted Title Suit No. 115/98 before the Court of Senior Assistant Judge, Borguna Sadar, Borguna praying for declaration of title st......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......earned Advocate appearing for the petitioners, placed the revisional application, the impugned judgments and decrees, and the depositions of the P.W.s and DWs on record and submitted that the learned trial Court on considering the evidence and materials on record having found that the plaintiff coul..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....n under section 151 CPC cannot be exercised, but when there is mistake of Court itself, it can be. 12. My opinion, in fine, is that in the present case, mistake has been committed by the Court and rightly and legally it has been cured by restoring the suit itself and in that view of the matter, t......6. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 ...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ...... Court Division have consistently held that when there is specific legal remedy as provided by the Code under Order 9 rule 9 for restoration of the suit after dismissal for default, the orders of the trial Court granted under section 151 CPC is prima facie illegal. He has also drawn my attention to ..Category: Procedural Law | Date: | Hits: 82
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......e Station through Co-ordination and Control Cell on 5-2-79 stating that the present petitioner was her monthly tenant in House No.252, Road No.22, Dhanmondi R/A, Dhaka. While she was abroad (in Iran) for about 7 years the petitioner taking advantage of her absence from Bangladesh, created a false Ba......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......…………………Opposite Parties Judgment May 15, 1994. Result: The Rule is made absolute. The want of plaint under section 195 is incurable and the lack of it vitiates the whole trial......................(9) Even if a Bainapatra in question is found to be a fake one, such a..Category: Procedural Law | Date: | Hits: 71
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....and and that was also denied. There was no way left to the seller to sell the land other than the purchasers and if this evidence are not considered for finding that the pre-emptors have waived their right for pre-emption then question of waiver cannot remain in the statute of law Mr. Mahbub Ali, fu......The predecessor of Opposite Party Nos.1 to Sand predecessor of Opposite Party No.36 as pre-emptors filed the instant pre-emption Case No.6 of 1996 in the Court of Senior Assistant Judge, Brahmanbaria for preemption of the lands described in the schedule of the petition covered by kabala dated 28.0......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......the case is barred by limitation. 4. Three P.Ws. were examined on behalf of the preemptors while 4 O.P.Ws. were examined on behalf of the preemptors in support of their respective cases. 5. The trial Court on consideration of the evidence and the materials on record by judgment and order dated..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......ioner Corporation filed Miscellaneous Case No.26 of 2003 as per provision of President Order 7 of 1973 read with Act XVIII of 1952 in the Court of District Judge, Chuadanga against the opposite-party for permission to sale the properties, mentioned in the scheduled to the petitioner, in auction to r......ed and having satisfied the same, publishing of auction notices in the newspaper to sale the property and claim of such costs and legal expenditure from the judgment debtor is illegal, malafide and unfair. 13. Learned District Judge in passing the impugned order held: “দেনদার প......sed impugned order and the other materials on record. 11. The petitioner corporation filed Miscellaneous Case for realization of the loan money with interest amounting to Tk. 2,17,253.44/- and the trial Court allowed the said prayer. 12. Thereafter petitioner corporation filed Miscellaneous Ex..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....the entire land by one co-owner out of two is not acceptable. Besides, sisters of Nazmul Hossain were never landlords of the suit premises. The petitioner is prosecuting his litigation to protect his right. Copy of rent receipt showing payment of rent to Ahmed Reza Chowdhury and Nazmul Hossain and "......e of Civil Procedure, 1908 (Act No. V of 1908); section 151 Inherent power of the Court under section 151 of the Code of Civil Procedure, 1908 cannot be invoked where there are specific provisions for the relief sought for. Inherent power could only be invoked by the Court in case where it finds ......e. Since the order was passed on compromise between the parties, the Court cannot compel the opposite parties to accept the cost beyond the period as they agreed. The conduct of the petitioner is not fair and he is trying to continue staying in the suit premises most illegally and, as such, is not e......ver, allowed on compromise by the' Court by an order dated 8-2-07 subject to payment of cost of Taka 1,200 to the plaintiffs by 5-3-07. As the petitioner did not make the deposit within the time, the trial Court by its order dated 11-3-07 set aside said order dated 8-2-07 upon an application made on..Category: Civil Law | Date: | Hits: 281
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
....he Rule and submits that the victim failed to disclose that the accused beat her for the cause of dowry and the learned Judge of the Tribunal after considering the facts and circumstances of the case rightly accepted the police report and rejected the naraji petition, which calls for no interference...... (2012) 91. ...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......………..Opposite Parties Judgment May 15, 2008. Result: The Rule is made absolute. On the basis of the defence plea or materials the criminal proceedings should be stifled before trial when there is prima facie case for going to trial………………………………..(10) ..Category: Criminal Law | Date: | Hits: 177
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......bir Hasan………………….Accused-Petitioner Vs. State and others…………………….Opposite-Parties Judgment June 17, 2012. Result: The rule is made absolute. Prayer for bail can be agitated at any time on different cause of action...................(4) Lawyers I......ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ...... of the Rule and till now the accused petitioner has not misused the privilege of bail in any way. Moreover, by this time police report has been submitted on 13-11-2011 with a recommendation to stand trial of the accused along with other namely Md. Gohor Siraj, Managing Director of M/s 4H Fashion li..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ule is made absolute. When the state does not raise any objection in such circumstances the High Court Division can certainly interfere, when the liberty of a citizen is curtailed and his valuable right of freedom is taken away by the order of the subordinate Court and the High Court Division has......nal case No.578 of 2010 should not be set-aside and directed to opposite parties to set the victim at liberty. 2. The prosecution story in short is that Md. Abul Hossain filed a complaint case before the learned Nari-o-Shishu Nirjatan Daman Special Adalat No.1, Dhaka, the case was registered as......run Karmakar Vs. State represented by the Deputy Commissioner Satkhira and another, 8 MLR (AD) 162 = 7 BLC (AD) 61; Mongol Chandra Nandi Vs. Bangladesh represented by the Secretary Ministry of Home affairs and others, 2 MLR 1997 (AD) 62 = 2 BLC (AD) 18; Fatema Begum @ Urmila Rani Vs. Gogeswar Nath, ......gorically confessed that she went with accused Arif Khan willfully and was married with him. After submission of the charge-sheet, the record was sent to learned Nari-o-Shishu Nirjatan Tribunal for trial. In the Tribunal an application was filed on behalf of the victim as she is above 16 years and..Category: Criminal Law | Date: | Hits: 176
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....ng the accused appellants being armed with pipegun, Ramdao, Holonga, Kirish, rod etc. came by a trawler and illegally entered into the house of Mofiz and accused Elas Bepari dealt holonga blow on the right chest wall adjacent to the right shoulder of Aslam which caused grievous bleeding injury; that......inal trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the prosecution and on its failure, it can not fall back upon the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused……………………………..(35) ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......ivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the pr..Category: Criminal Law | Date: | Hits: 153
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner as plaintiff filed Title Suit No.54 of 1989 in the Court of Senior Assistant Judge, Brahmanbaria Sadar for declaration of Notice No.150 dated 28.5.84 passed by the opposite party No.1 as illegal and for ......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......r transferred elsewhere and it was declared as vested and non resident for which the disputed notice was served upon the plaintiff petitioner and as such the suit is liable to be dismissed. 5. The trial Court decreed the suit and the defendant filed appeal which was sent back for retrial and afte..Category: Property Law | Date: | Hits: 155
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ...... under section 15(1)(3) Special Powers Act, 1974 should not be set aside or to pass such order or orders as this Court may deem fit and proper. 2. The matter being urgent, LC record was not called for. Service of notice on Sole State opposite party was dispensed with and the matter was fixed for ......manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......sulting in gradual damage. He argues that under provisions of section 516A of the Code the petitioner is entitled to get the said seized Truck in his Jimma furnishing security bond till conclusion of trial and enquiry. But such above prayer was illegally rejected by the Special Tribunal No.1 vide im..Category: Procedural Law | Date: | Hits: 194
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....adar further submits that there are strong corroborating evidence with the confessional statement which are true and voluntary, and the learned Sessions Judge after considering the evidence on record rightly convicted the appellants. 19. For coming to a proper decision about sustainability of the......……………………..Appellants Vs. The State…………………………….....................Respondent Judgment May 2, 2012. Result: The appeal is dismissed. First Information Report (FIR) The main purpose of an First Information Report (FIR) is to give informati......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ...... confession recorded earlier. 4. After investigation police submitted charge sheet dated 28.2.1994 under sections 302, 201, 379 and 411 of the Penal Code against the two accused persons. 7. The trial court, on 24.10.1994, framed charge under sections 302, 201 and 34 of the Penal Code against t..Category: Criminal Law | Date: | Hits: 170
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....". His name was initially shown in the CS record as মধ্যসত্বাধিকারী out of mistake. Later by a correction case No.24 of 1918 under section 198A of Bengal Tenancy Act his right was recorded as 'owner-in-possession'. GC Basak settled 5.18 acre agricultural land out of the......g in question the Judgment and order dated 11.3.2008 passed by the joint district judge, 3rd Court, Dhaka in Misc. Case No.30 of 2007 under Order IX rule 13 of the Code of Civil Procedure ("the Code" for short) setting aside a decree passed ex parte in Title Suit No.724 of 1985. 2. The case, te......lly ended in decree on compromise as against some and ex-parte as against the Government. The facts around transfer made for whatever reasons is unclear and the ignorance pleaded by the Government is fairly justifiable. 31. In this respect few lines from the impugned Judgment of the learned Joint......the records were found not available before Court. This seems to be unusual. Meanwhile on 2-11-1998 the suit was transferred by the District Judge to a new Court seemingly beyond the knowledge of the trial Court. And in the new Court under a new and peculiar number it was decreed on compromise on 28..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......aneous Case No.55 of 2006 under section 138 of the Negotiable Instruments Act, now pending in the Court of Additional Sessions Judge, 2nd Court, Gazipur should not be quashed. 2. Facts necessary for disposal of the rule are that on 23 to 26 the complainant opposite party No.1 filed a Complaint ....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......ite party petitioner appeared before the Court and after receiving summons of the Court and got bail on 22-4-2007 and the case was transmitted to the Court of Sessions Judge, Gazipur on 28-6-07 for trial and registered as Sessions Case No.311 of 2007 and finally transmitted to the Court of Addit..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....ssed, the decreetal amount can be realized without further litigation. Learned Advocate mainly submits that written objection having filed out of time without security is liable to be rejected outright. 7. In support of his submission, learned Advocate relied on the case of Abul Bashar Vs. In......Akther; Abdus Salam Vs. Osman Gani and another, BCR 1984 (AD) 346;Bangladesh Water Development Board Vs. Progati Prokashani, 44 DLR 335. Lawyers Involved: AKM Nazrul Islam, Advocate-for the plaintiff-petitioner. Kamal-ul-Alam, Advocate with Mir Joynal Abedin, Advocate ......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......tion under section 33 of the arbitration Act non existent in the eye of law. 22. In the case of Hazi Mir Bux Vs. Sonokhau, PLD 1979 Kar 45, it is observed and held as "Mr. Zafar submitted that the trial Court has no power to extend and in support of this submission he referred me to Judgment of a..Category: Civil Law | Date: | Hits: 195
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