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Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....sale on 31.10.1964 and get the same purchased in the name of defendant No.2 who is his wife. 3. After the service of the summons defendant No.2 appeared and filed a written statement denying the claim of the plaintiffs. On an objection raised by her, the learned Munsif raised the valuation of t......215. Lawyers Involved: Md. Abdus Sobhan, Advocate - For Petitioner. M. Shamsul Alam, Advocate - For Opposite Party No.1. Civil Revision No. 45 of 1984. (In the matter of an application for stay. And in the matter of an application under section 115 of the Code of Civil Procedure, 1908......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6...Category: Civil Law | Date: | Hits: 121
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....se for pilgrims and constructed Shrine Ghar and took electric connection for electrifying the Dargah Sharif. This committee improved the Dargah Sharif in various ways. 4. Defendant No.1 and others claimed themselves as descendants of Hazrat Shah Mostafa and filed Title Suit No.156 of 1976 in the ......the said Dargah Sharif was managed by the Committee set up by the local Muslims, Hazrat Shah Mostafa was one of the 360 companion Awalias of Hazrat Pir Shah Jalal (RM) and carried the banner of Islam for the first time to Moulvi Bazar and preached the religion for the rest of his life residing there......is uncle) constituted a Wakf Deed dated 16.3.48 and defendant No.1 prayed for enrolment of the suit property as Wakf Estate and also for direction upon the plaintiff No.1 and others who collected the money during Urush held in the year 1977. Defendant No.2 receiving the petition of defendant No.1 as..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....d for fixing appropriate price by the President without recommending any price. But the prosecution accused the petitioner for recommending price at Taka 50 lacs per bigha. It is also stated that the claim of the prosecution that the land in question was a Commercial Plot has no basis. It is further......istant Attorney-General ‑ For the State. Criminal Revision No.365 of 1992. Judgment A M Mahmudur Rahman J.- This Criminal Revision under section 561A of the Code of Criminal Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka ar......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....lar Additional Sessions Judges have been given only trial jurisdiction under sub-section (3) of section 9, Assistant Sessions Judges deemed to have been appointed as Additional Sessions Judges cannot claim a higher jurisdiction than the parent office itself. 66. Now we come to a consideration of ......e brought in section 29C of the Code of Criminal Procedure and the introduction of section 31(4) of the Code of Criminal Procedure or whether he shall be deemed to be an Additional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, refer......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..Category: Criminal Law | Date: | Hits: 158
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......ng a joint written statement denying all the material allegations made in the plaint. Thereafter the learned Subordinate Judge by his order 26.7.1987 framed the issues and September 8, 1987 was fixed for delivering the interrogatories by the plaintiffs. After taking several adjournments the plaint......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ..Category: Procedural Law | Date: | Hits: 133
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....s that an election petition shall set forth clearly the ground on which the petition is filed and the relief sought. Rule 45 of the said Rules provides that the petitioner in an election petition may claim either for a declaration that the election of the returned candidate is a void one and that ......difying the judgment and order dated 19.8.86 passed by the Election Tribunal and Subordinate Judge, Jhalakati in Election Case No.2 of 1985. 2. The petitioner and opposite party No.4 contested for the post of Chairman of the Nalchity Upazila Parishad in the election held on 20.5.85 and in t......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ..Category: Election Law | Date: | Hits: 252
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....ructed the said roads. The side lands were divided into a number of plots of the size of 20' x 10' and those were allotted to different persons as temporary evitable allottees. Some of them, however, claim to have obtained leasehold right on the land itself from the Municipality. In 1971 during th...............Respondents (Writ Petition No.533 of 1985) Judgment April 13, 1989. Result: All the Rules Nisi are made absolute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorn......they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......2 of 1984. Judgment Habibur Rahman Khan J.- The appellants Abdul Khalek and Mohubullah @ Mohibullah have been convicted under sections 302/34 of the Penal Code and sentenced to transportation for life and the appellant Sabjan Bibi has been convicted under section 201 of the Penal Code and ......fell down on a chatai and died instantaneously. P.W.1 also stated in the First Information Report that his Talai Mohabullah and Talata brother used to torture his sister when she asked them for the money sent by her husband from Saudi Arabia and for that reason suspicion arose in his mind that t..Category: Criminal Law | Date: | Hits: 101
....ting defendant failed to produce any evidence whatsoever. Further, excepting this D.W.1 and the case record of VP Case No.11 of 1979 no other papers have been produced before the Court in suit of the claim of defendant No.2 that the suit property is vested and non‑resident property. The defendant ......o.26 of 1986.
Judgment
Mozammel Hoque J.- This First Appeal is directed against the Judgment and decree passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 553 of 1981 (formerly Title Suit No.888 of 1979) decreeing the suit in favour of the plaintiff.
2. Respondent ......Ram Chandra Paul. By an agreement dated 5.5.69 this Ram Chandra Paul sold his property to the present plaintiff and delivered possession of the suit property to the plaintiff on receipt of an earnest money amounting to Taka 50,000.00 out of total consideration money at Taka 80,000.00. After few mont..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......t AM Mahmudur Rahman J.- By this Civil Rule the petitioner seeks review of the Civil order No.2160 of 1993 passed on 2.8.1993 by Syed Fazle Ahmed, J. 2. The plaintiff‑opposite party in a suit for specific performance of contract got a decree on 31.7.1977. Against that decree the defendant-pe......ed on the interpretation of the clause, an award was made but it was not accepted by the lessor on the ground that the same was not paid in terms of the clause relating to payment of the compensation money. The Calcutta High Court took the view that the clause relates not to the monthly rents spread..Category: Civil Law | Date: | Hits: 157
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......nt Qazi Shafiuddin J.- The death reference being Death Reference No.9 of 1992 submitted by the Additional District and Sessions Judge, Sunamganj under section 374 of the Code of Criminal Procedure for confirmation of the death sentence upon accused Khalilur Rahman along with Criminal Appeal No.65......eceased Sikim Ali. When P.W.4 Lilita Bibi resisted Khalilur Rahman also dealt sulfi blow on her right thigh. Other accused taking advantage of chaotic situation looted away ornaments, sarees and cash money amounting to Taka 7,000.00 from the house. 5. Police investigated into the case, visited th..Category: Criminal Law | Date: | Hits: 139
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....f his properties were found disproportionate to his known, sources of income. It further "appears that complainant did not send any rejoinder to the editor of the Weekly Bichitra (present petitioner) claiming that the said report was false and concocted and published to harm his reputation. 7. Se......For the Opposite Party. Criminal Revision No.1165 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner Shahadat Chowdhury, Editor, Weekly Bichitra is for quashing the proceedings of CR Case No.2041/a/91 pending in the Court of Chief Metropolitan Magi......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..Category: Criminal Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
.... document was endorsed under section 60 of the Registration Act on 17.9.80. The former document was so endorsed on 3.12.80. Opposite party No.1 Ahamedur Rahman filed the pre‑emption case on 30.3.81 claiming himself as a co‑sharer in the case holding both by inheritance and purchase and also as o......hall hereinafter be called the Act). 2. Nazamat Ali gifted the disputed land including his homestead measuring 0.70 acres to his daughter‑in‑law (son's wife) the opposite party 1 Nazuma Khatun for love and for good service rendered by the son's wife to her widower father-in‑law in his old a......nee to the doner at his old age as averred in the deed of gift. In the case of Kanchan Mala Vs. Renu Miah 12 DLR 479 (para 6) it has been held as follows: "love and affection cannot be measured in money and, as such, it cannot be said that the gift in question is a Hiba‑bil‑ewaj wholly or con..Category: Property Law | Date: | Hits: 127
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
.... stock and ultimately destroyed the decomposed shrimps in presence of Sanitary Inspector and local public. The value of the decomposed destroyed stock was Taka 47,13,905.00. The plaintiff submitted a claim of the aforesaid amount to the defendant under DOS policy. The defendant by his letter dated 2......y the sole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the learned Subordinate Judge, First Court, in Money Suit No.24 of 1989 decreeing the suit in full for an amount of Taka 47,13,905.70 only. 2. First Appeal No.129 of 1995 has been filed by the sam...... that public power supply failed on 28-11-88 at 8-35 AM, that there held Machinery Break Down, that the suit is not barred under Clause 8(b) and that the plaintiff is entitled to get a decree for the money claim.” 7. Thereafter the plaintiff filed an application under Order 47 rule 1 of the Cod..Category: Business or Commercial Law | Date: | Hits: 522
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... brief. 4. The Opposite Party No.1 as plaintiff laid a suit being Family Suit No.31 of 1996 in the Family Court cum Assistant Judge, Patiya, Chittagong for a decree of dower, maintenance and other claims including golden ornaments. The averments made in the plaint are that, marriage in between pl......firming those dated 16-2-97 passed by the Family Judge-cum Assistant Judge, First Court, Patiya, Chittagong in Family Suit No.31 of 1996 should not be set aside. 2. The only question that survives for determination in this Rule is whether the concurrent decision of the Courts below warrant any in...... maintenance and other claims including golden ornaments. The averments made in the plaint are that, marriage in between plaintiff and defendant No.1 was solemnised on 15-4-94. In the kabinnama dower money was fixed at Taka 1,00,000.00 out of which Taka 43,000.00 is prompt and Taka 42,000.00 is defe..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... prima facie title on the suit land is in favour of the plaintiff appellant and a contrary view is not sustainable. 14. It is also submitted by Mr. Bhuiyan that the argument to the effect that the claim of title by Ayat Steels is barred by res judicata is not also sustainable in law because of ......ent Bank but eventually the loan was not repaid by the borrower as a result Islami Bank Bangladesh Limited (herein after referred to as respondent bank) instituted Artha Rin Adalat Suit No.29 of 2005 for realization of loan amount of Tk. 51,73,81735.02 before the Artha Rin Adalat, 1st Court, Chittag...... a loan on the basis of an agreement to secure the loan by mortgage but to avoid payment of revenue deposit title deed under a memorandum. In the present case title deeds were taken earlier and the money was lent on the basis of several subsequent agreements as per statements made in the plaint of..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
.... under section 302/34 of the Penal Code. At the trial charge was framed under section 302/34 of the Penal Code against the condemned prisoner and the co-accused to which they pleaded not guilty and claimed to be tried. 5. The prosecution examined 11 witnesses and tendered 2 witnesses for cross-...... With Jail Appeal No. 93 of 1988. Judgment Mohammad Ismailuddin Sarker J.- This is a Reference under section 374 of the Code of Criminal Procedure by the learned Sessions Judge, Borguna for confirmation of the sentence of death passed by him on the condemned prisoner Manik Bala under s......eir marriage was not paid the condemned prisoner would not take her to his home; that on 13.8.85 the condemned prisoner came to the house of the informant in the evening and asked for payment of said money silting at the house of co-accused Serajuddin and held out the threat that unless the money is..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......ating that the accused persons in collusion with each other dishonestly created a bainapatra allegedly executed by complaint's father Al-haj Abdul Latif on 5.1.73 in favour of accused Sona Mia by forging the signatures of Abdul Latif and with a view to grab the property of Abdul Latif used the s...... Court to which such Court is subordinate. 3. Section 463 of the Penal Code defines forgery including forgery of document which purports to give authority to any person to receive or deliver any money or purports to be a receipt acknowledging payment of money. So a forged bainapatra comes withi..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....ting or oral was arrived at between them. When the defendants refused to enter into the agreement for sale of the firm and its assets the plaintiffs brought the Title Suit No.146 of 1979 malafide claiming themselves to be the partners and prayed for dissolution of the firm in order to create p.......- This appeal at the instance of the defendants is directed against the judgment and decree of the learned Subordinate Judge, 1st. Court, Dhaka passed in Title Suit No.301 of 1980 decreeing the suit for specific performance of contract. 2. The plaintiffs respondents instituted the suit against......ments Ext.Z-Z(2) were procured and could not be relied upon, that the defendants failed to prove the loan, that the deposit of Tk.45,000/- as per Ext.1 and 1(a) was nothing but payment of earnest money towards the total consideration, that mere omission of the word "accepted" in the plaint was n..Category: Business or Commercial Law | Date: | Hits: 349
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......and order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in title suit No.62 of 1991 wherein the seamed Court has added 3rd party as defendant No.3 in the suit and passed order for amendment of plaint and correction of suit register, accordingly, under Order I, rule 10(2) of t......nd 2 on 6-3-80 entered into a written agreement with the plaintiff for out and out sale of the suit property to the plaintiff for a consideration of Taka 30,00,001.00. Subsequently, the consideration money was increased to Taka 34,50,001.00. The principal defendant Nos. 1 and 2 (who are petitioners ..Category: Procedural Law | Date: | Hits: 121
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