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Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....y Act. Section 76(1) of the State Acquisition and Tenancy Act reads as under: “76. (1) Settlement and use of land vested in the Government; Except as otherwise expressly provided in this Act, any land which vests in the Government under any of the provisions of this Act shall be absolutely a......licy. Trial Court found that the settlement was not complete since no deed has been executed by the Government in favour of the plaintiff as yet. It was a mere proposal by the Government even at that stage. Trial Court also held that the order dated 4-4-84 passed by the Additional Deputy Commissione......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..Category: Property Law | Date: | Hits: 105
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....€ť 5. Mr. Shawkat Ali Khan, learned Advocate for the appellant Humayun, questions the propriety of the dying declaration on three grounds. One is that the dying declaration was not corroborated by any witness. Another is that the dying declaration was made 1½ months after the date of occurrence....... excited Maniruddin called his relations and then all of them started assaulting Sadek, that Humayun, son of Maniruddin, dealt fatal blow on the abdomen of Sadek causing grievous injury, that at this stage Jalal Molla (P.W.10) and Abdul Mazid Molla (P.W.11) came to rescue Sadek, but both of them wer......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ..Category: Criminal Law | Date: | Hits: 108
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....on No.DA-37/80/681-Acqiun dated 27-10-86 (Annexure-G), the notice dated 2-9-87 (Annexure-H) and the notice dated 24-10-87 (Annexure-J) to the petition should not be declared to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parti...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......o.41 of 1964-65 an area of 0.45 acre was requisitioned and then acquired and not 0.51 acre and that if the Government wants to acquire further 0.06 acre, the Government was required to initiate fresh proceeding and offer compensation at the current market rate and there was no mistake in publication..Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....tted with reference to Order 21 rule 29 of the Code of Civil Procedure that the application for stay ought to be made in the execution case itself and as such, the impugned order does not suffer from any error of law occasioning failure of justice. Order 21 rule 29 of the Code of Civil Procedure rea......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......Sadar Chittagong is illegal, fraudulent and not binding upon the plaintiff. In the suit the plaintiff filed an application under Order 21 of rule 29 of the Code of Civil Procedure for stay of further proceeding of Other Execution Case No.2 of 1993 till the disposal of the suit. The said application ..Category: Procedural Law | Date: | Hits: 178
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....le deed but they denied to do so. Hence the suit. 3. The opposite party No.1 has been contesting the suit by filing written statement on 20-6-86 denying that their predecessor-in-interest executed any agreement of sale in respect of the suit land. 4. On the basis of the said pleadings of the p......antiated and belated the Court shall refuse to entertain such additional written statement. 7. Normally the Court shall refuse to permit filing of an additional written statement at a very belated stage of the suit or when the case of the plaintiff has been closed. A defendant is not allowed to i......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420...Category: Procedural Law | Date: | Hits: 148
.......Appellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is dismissed without any order as to costs.
Cases Referred to-
Sankara Lings Vs. Ratnaswami, AIR 1952 Madras 389; Q......below erred in law in not holding that the suit was not properly constituted because the Government, though a necessary party, was not impleaded at the time of institution of the suit, and at a later stage when the government was added as a party (Pro-defendant No.2), the suit became barred by limit...... assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.”
11. Under Order 1, rule 10(5) of the CPC the proceedings against any person added as defendant shall be deemed to have begun only on the service ..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....estion of law is involved. The question is whether in view of section 5 of the Civil Courts (AmendÂment) Ordinance, 1983 i.e. Ordinance No.II of 1983 which came into force on the 24th January, 1983, any pending suit, appeal or proceeding can or cannot be transferred to any other Court at different ...... the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the (High Court Division) or the District Court may at any stage- (a) transfer any suit, appeal or other proceeding Pending before it for trial or disposal ......he question is whether in view of section 5 of the Civil Courts (AmendÂment) Ordinance, 1983 i.e. Ordinance No.II of 1983 which came into force on the 24th January, 1983, any pending suit, appeal or proceeding can or cannot be transferred to any other Court at different Upazilas having enhanced pec..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....Commission shall not be declared to have been passed without lawful authority and to be of no legal effect. 6. During the pendency of the aforesaid Rule Nisi the Election Commission, in absence of any orÂder of stay from this Court, went ahead with the aforesaid proceeding and by an order dated ......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......t by subseÂquent orders the hearing was shifted to 6.8.88 and then to 15.8.88. 5. On 28.8.88 the petitioner obtained a Rule Nisi calling upon the respondents to show cause as to why the aforesaid proceeding before the Election Commission shall not be declared to have been passed without lawful a..Category: Election Law | Date: | Hits: 216
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....ays plus thirty days, i.e. ninety days of investigation from the date of lodging the FIR relating to the commission of the offence, the Magistrate has no power to extend periÂod of investigation for any further period. The prosecution then at least has two alternatives before them for praying for f...... by entering into difÂferent houses. They took away cash money, ornaÂments, cattle heads, etc. When the informant party protested the accused persons started beating them inÂdiscriminately. At one stage accused Abdul Jalil alias Shikari fired a shot from his gun in the abdomen of informant's neph......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sumÂmarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ..Category: Procedural Law | Date: | Hits: 127
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
.... property from her husband Abdur Rahman Sikder. The said hebanama was executed on 1.11.67 and registered on 3.11.67. The said Hebanama was not executed and registered in normal way. There was neither any offer or acceptance of the Heba nor it was followed by delivery of possession. So there was no v......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......ich has been corroborated by D.W.5 Alauddin. He was a teacher of the school which was founded by Abdur Rahman Sikder. He produced notice book containing the notice issued on 16.12.67. He also brought proceeding book showing Sikder Saheb to have presided over the meeting. He also stated that Sikder S..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....ant then raised hue and cry which attracted Chanda Mia (P.W.2), Shahid (P.W.3), Amiruddin Abdul Malek (P.W.7), Mofizuddin (P.W.8), Shahajuddin, Solaiman, Ayet Ali, (P.W.9), Amjad Member (P.W.10) and many others. They began to search for Abdul Hakim and found the victim Abdul Hakim lying in his padÂ......used Hafizuddin and accused Kofiluddin came to the place of occurrence and P.W.1 and others found blood on the jumper of accused Kofiluddin and a bandage on the head of accused Hafizuddin and at this stage the deceased ordered the witnesses to arrest them, but out of fear they did not arrest them. H......evpur Hospital for treatment. P.W.1 further stated that he went to Kapacia police staÂtion with accused Safaruddin to lodge an FIR, but FIR could not be lodged as the O/C. told them that he would be proceeding to the place of occurrence where he would record an FIR. But the O/C. made a GD entry. In..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....l Code, but in suitable and appropriate cases, this Court shall not hesitate to grant this privilege of bail to an under trial prisoner with a view to saving him from illegal and undue harassment. In any view of the matter the privilege of bail should not be withheld by way of punishment. Mere filin......gation was perfunctory and the same is contrary to the evidence on record, we like to obÂserve that it relates to the merit of the case and as such we refrain from making any comment on this at this stage. As regards the 3rd point canvassed beÂfore us, we find, on perusal of the relevant Annexures......he satisfaction of the Deputy Commissioner, Dinajpur till commenceÂment of the trial of this case before the learned SesÂsions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394...Category: Criminal Law | Date: | Hits: 74
Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
....s under Order 9 rule 9 of the Code of Civil Procedure. 8. Order 22 rule 10 of the Code of Civil ProceÂdure is as follows:— "10. (1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or ......mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391........ Mr. Md. Zakir Hossain, learned Advocate for the petitioners, submits that an application under Order 22 rule 10 of the Code of Civil Procedure is applicable only to suits and not to a miscellaneous proceedings under Order 9 rule 9 of the Code of Civil Procedure. 8. Order 22 rule 10 of the Code ..Category: Procedural Law | Date: | Hits: 107
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....6) of section 167 Cr.P.C. continued the investigation. It appears that on 30.5.88 the Sessions Judge, Mymensingh rejected the prayer of the Investigating Officer to extend the period of investigation any further. Thereafter Mr. Md. Kasimuddin Sikder, Upazila Magistrate, Trishal on 5.6.88 passed t......n accorÂdance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477.......sain, Additional DisÂtrict Magistrate, Mymensingh reviving the investiÂgation of the case after the Magistrate had passed orÂder under section 167(7) Cr.P.C. to release the accused on stopping the proceedings is legal and valid. Similarly an Additional Chief Metropolitan Magistrate can exercise a..Category: Procedural Law | Date: | Hits: 113
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....ossain Manik Miah, the progenitor of the petitioner’s husband, once worked for Daily Ittehad in Kolkata. 4. When it was detected that the DM without being explicitly negative and without showing any reason for his passivity on the petitioner’s application for a period over sixty days, the lat...... showing any reason for his passivity on the petitioner’s application for a period over sixty days, the latter filed an appeal to the Press Appellate Board (henceforth the Board). 5. Only at the stage of hearing of the appeal, which commenced on 3.8.2010, one Ms. Rumeena Farhana, respondent No....... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....d claimed to be tried. Thereafter the case was transferred to the Additional Sessions Judge, Second Court, Barisal for hearing and disposal. 5. The prosecution in support of its case examined as many as thirteen witnesses out of twenty-five, who were named as such in the charge sheet. After clos......and assigned Sub-Inspector Haripada Biswas to investigate the case. In course of investigation, the Investigating Officer, said Haripada Biswas suspected the appellant to be the actual killer. At one stage the Officer-in-charge himself took up the case for investigation at instruction of his superio......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 125
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....gistered the trade marks “Maanco” and “Manco” in its name and obtained exclusive right to use the trade marks on its products. The accused persons (herein opposite parties) incorporated a company named “Manco Casting Industries Ltd.” in 1987 deceptively similar with the petitioner’s fi......aid applications by order dated 24.6.1997 on the reasons that earlier their application for discharge was rejected and there was no order of stay from the superior Court, and that the case was at the stage of evidence. 7. It further appears that the Additional Sessions Judge, Dhaka allowed the c......e challenging the judgment and order dated 26.2.1998 passed by the Additional Sessions Judge, Second Court, Dhaka in Criminal Revision No.343 of 1997 allowing the same and thereby staying all further proceedings in C. R. Case No.2958 of 1994 under sections 482 and 483 of the Penal Code pending in th..Category: Procedural Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....record and considered the submission of the Assistant Attorney General. It appears from the petition that the petitioner has raised a question whether the allegations made in the complaint constitute any offence under section 420 or any other section of the Penal Code. 7. No certified copy of the......Code to which he pleaded not guilty and claimed to be tried. 4. In course of trial the prosecution examined the witnesses and after closing the prosecution the case was fixed for argument. At that stage the petitioner filed an application under section 540 of the Code of Criminal Procedure for re......Judgment Md. Ruhul Quddus J.- This Rule at the instance of a sole accused in a criminal case was issued on an application under section 561A of the Code of Criminal Procedure for quashment of the proceedings in C. R. Case No.555 of 1997 under section 406 of the Penal Code that was pending before..Category: Criminal Law | Date: | Hits: 85
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....his order dated 22.11.2004 framed charge against both the accused under sections 302 and 34 of the Penal Code, to which they pleaded not guilty and claimed to be tried. 6. Prosecution examined as many as twenty one witnesses in support of its case. After closing the prosecution, learned Judge exa......cer about the death of victim by hanging. 15. P.W.7 Fazilatun Nessa, another local witness stated that Jotsna Begum died at her husband’s house, but could not say the cause of her death. At this stage, she was declared hostile. In cross-examination she stated that the younger brother of the app......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 110
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....t had framed charge and the prosecution already started examining the witnesses. There is no illegality in the proceedings. She further submits that during pendency of the Rule, the scope of stopping any criminal proceedings for nonconclusion of trial within the time-limit under section 339C (4) has......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......he Code of Criminal Procedure calling in question the legality of order dated 19.7.1992 passed by Special Tribunal No.2, Narayangonj rejecting an application filed by the petitioners for stopping the proceedings in Special Tribunal Case No.77 of 1990 and releasing them under section 339 C of the Cod..Category: Criminal Law | Date: | Hits: 124
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