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Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)
....n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......On facts the decision is distinguishable. In that case unlike the instant case there was an agreement for re‑conveyance and the transfer was subject to that condition. Therefore, in my opinion, the principle laid down in that case has no manner of application to the facts in the present case. The ......ons, inter alia, that he was a co‑sharer in the holding by inheritance and he had no knowledge about the transfer of the land under pre‑emption to purchasers‑ the opposite party Nos. 1 and 2, before me. The petitioners resisted the said case by filing joint written objection. Their case was th......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658...Category: Property Law | Date: | Hits: 72
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......y body the question of malafide does not arise at all. Mr. Islam further submitted that judgment of the Appellate Division shall be binding only when two conditions are present, one being that if the principle of res judicata can be made applicable and the other being that if a principle of law has ......gment and are disposed of by this single judgment. 2. The opposite party No. 1 (in both the Rules) filed Title Suit No. 144 of 1975 in the court of Subordinate Judge, 3rd court, Dhaka, on 3-9-1975 for declaration that the letter dated 25‑8‑1975 issued by the defendant No. 1 cancelling his le......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...Category: Property Law | Date: | Hits: 122
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......dent No.1 instituted the suit seeking declaration, mandatory injunction and recovery of Tk. 29,64,51,760/-. According to the plaint case, the plaintiff being the lowest bidder was given work orders for development of certain area earmarked as D-1, D-2, E-1, E-2, E-3, F-1 and F-2, Section 2, Mirpur......ating the evidence, which the Court records during the course of trial of the suit. The report of the commissioner is only a piece of evidence amongst the other evidence to be led by the lilies for determination of the issues involved in the suit. Therefore the report of the commissioner can not b..Category: Civil Law | Date: | Hits: 73
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ...... Rahman J.- Civil Revision No.605 of 1985 is at the instance of the plaintiff‑petitioner while Civil Revision No.383 of 1985 at the instance of defendant No.88 petitioner. 2. The facts necessary for disposal of these Rules are as follows: In Civil Revision No.383 of 1985 a simple question fa......ion No.383 of 1985 at the instance of defendant No.88 petitioner. 2. The facts necessary for disposal of these Rules are as follows: In Civil Revision No.383 of 1985 a simple question falls for determination is whether written statement can be filed after the suit, on appeal from a preliminary..Category: Property Law | Date: | Hits: 79
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......onable doubt there cannot be any conviction under section 161 of the Penal Code. In that decision it has been held that the demand of gratification must be corroborated by other witnesses and on that principle of law the learned Advocate submits that when in the present case demand of gratification ......ional Special Judge found this convict‑appellant guilty of the charge under section 161 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced the appellant to suffer imprisonment for 1 (one) year and to pay a fine of Tk. 3000.00, in default to suffer imprisonment for a further p......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...Category: Criminal Law | Date: | Hits: 90
....ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......e further submits that in any view of the matter the petitioner having not been given the opportunity to cross‑examine the witnesses on the basis of whose deposition the punishment was awarded, the principle of natural justice was violated and on that ground also the punishment is unauthorised.
......sful standing first in order of merit in the said Board. Thereafter, he got himself admitted as a student of 1st year HSC (Science) in Dhaka College and had been prosecuting his studies and filled up forms to sit for the HSC Examination from Dhaka College, Dhaka. Before the SSC Examination the fathe......ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619...
Category: Civil Law | Date: | Hits: 159
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....le". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......he suit was not maintainable in law. But the High Court Division failed to consider the same which resulted gross illegality resulting occasioning of failure of justice; II. Because it is settle principle of law as have been enunciated by the Hon'ble Appellate Division in the case of Abul Basha...... by Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner. Zainal Abedin, Advocate-on-Record-For the Respondent No.9. Not represented-For the Respondent Nos.1-8 and 10-13. Civil Petition for Leave to Appeal No. 638 of 2009. (From the judgment and order dated 18th January, 2009 passe......le". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ..Category: Property Law | Date: | Hits: 70
..... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
......nd by the lower appellate Court. It is further contended that the judgment of this Division may be reviewed to consider the provision of Section 107 of the Transfer of the Property Act in view of the principle laid down in the decision reported in 43 DLR (AD) 12.
7. We have heard the learned Coun......h Chandra Biswash, Advocate-on-Record-For the Respondents.
Civil Review Petition No.130 of 2010.
(From the judgment and order dated 23.08.2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.2149 of 2008.)
Judgment
Surendra Kumar Sinha J.-This petition for revie....... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
..
Category: Procedural Law | Date: | Hits: 76
Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)
....out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......t of undivided disputed plot and failed to record any finding about exclusive possession as claimed by the plaintiffs so as to entitled the plaintiffs to retain their possession by injunction and the principle of law as referred to in the impugned judgment in the cases reported in 41 DLR (AD) 92 and......ajul Haque, Senior Advocate, instructed by Syed Mahbubor Rahman, Advocate-on-Record- For the Petitioners (In both the cases). Not represented-For Respondents (In both the cases). Civil Petition for Leave to Appeal Nos.705 & 706 of 2009. (From the judgment and order dated 28th January, 2......out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ..Category: Property Law | Date: | Hits: 60
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ......00 and that there is no privity of contract between the plaintiffs and the defendant-petitioner hereof and that the defendant-petitioner hereof are in lawful possession of the containers and that the principle cogent of the plaintiffs, the defendant No.2, now under the process of liquidation, has an......titioners. Ajmalul Hossain, QC, Senior Advocate instructed by Monlavi Md. Wahidullah, Advocate-on-Record-For the Respondent No.1. Not represented-For the Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.138 of 2010. (From the judgment and order dated 14.01.2010 passed by the H......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......e given to an amending law, if the new law manifests such a necessary intendment." It appears that in the same decision it has been held that: “With regard to the procedural laws, the general principle is that alterations in procedure are retrospective unless there be some good reason agains...... in view of section 339C of the Code of Criminal Procedure. We omit the facts of the case as they are not necessary. The pertinent facts are that the learned Sessions Judge received the Sessions case for trial on 26.2.90 and by an order of the same date fixed 4.3.90 for framing charge against the ac......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..Category: Criminal Law | Date: | Hits: 58
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
...... the date on which PO 16 of 1912 came into force. As such, the case cited by Mr. Farooqui cannot be applied to give relief to the petitioner in the present case.
10. There is another aspect of the principle that the Government suffers under the same liabilities and enjoys the same right as the or......dents of Bangladesh. The disputed house was leased out by the erstwhile Government of East Pakistan to one Md. Moinuddin, son of late Md. Hanif on hire purchase system under the rehabilitation scheme for a period of 99 years on basis of a registered deed of lease executed and registered on 1.2.63 by......spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
..
Category: Property Law | Date: | Hits: 89
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......strate upon arrest and right of communication of the grounds to make an effective representation and the right to consult and be defended by lawyers. 33. Thus from the aforesaid discussion and the principle of law, it is clear that under the provisions of section 167 CrPC it is imperative upon th......er dated 30.6.93 passed by the Chief Metropolitan Magistrate, Dhaka in Ramna PS case No.126(8)92 under sections 326/307/302/34 of the Penal Code remanding the accused petitioner in the Police custody for 3 days. 2. The aforesaid case was started at the instance of one Md. Abdul Halim Khan, SI of ...... this clear intention is likely to create an impression that the Magistrate has made himself subservient to the police, in utter disregard of the judicial function entrusted to him with regard to the determination of the question of liberty of the citizens. 31. In a recent Single Bench decision i..Category: Criminal Law | Date: | Hits: 87
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......iction then there can never be any conviction on circumstantial evidence. In other words, the prosecution cannot prove its case by circumstantial evidence. Such a concept is contrary to time honoured principle of law regarding circumstantial evidence. Here in this case before us, it is found from a ......e No.34 of 1986. The learned Sessions Judge by his judgment dated 26.4.1987 found this appellant guilty of the charge under sections 302/201 of the Penal Code and sentenced him to suffer imprisonment for life under section 302 of the Penal Code and also sentenced him to suffer rigorous imprisonment ......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ..Category: Criminal Law | Date: | Hits: 66
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......connection my attention was drawn by the learned Advocate for the appellant petitioner to the decision in the case of Sabilri Bala Vs. Rohini Kanta Mondal reported in 1963 PLD page 25 (Dhaka) but the principle laid down in that decision has no manner of application inasmuch as appeal was dismissed u......tion the legality and propriety of the Order No.33 dated 20.4.89 passed by learned District Judge, Jhenaidah in Misc. Case No.26 of 1988 arising out of Title Appeal No.84 of 1988 rejecting the prayer for restoration of the said title appeal to its file and number. 2. Facts giving rise to this Rul......। The application filed under Order 41 rule 19 CPC vide Annexure 'A' shows that application was made under the aforesaid rule for readmission of the appeal. Now the only question that calls for determination in this case is whether inherent power can be invoked to have the impugned order set a..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......institution of marriage”. It seems to me that the learned Single Judge of the High Court Division has failed to address the point in dispute between the parties in the light of the evidence and the principles of law applicable in the facts of the given case. 8. Let us consider the concept of m......stract questions which can be divorced from the facts giving rise to them and in order to resolve them the facts in some detail are necessary. 2. Appellant instituted a suit against the respondent for dower and maintenance in the Family Court. She claimed that though their marriage was solemnized...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ..Category: Family Law | Date: | Hits: 318
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......in how his wife had met with her death. In the absence of any explanation coming from his side it seems none other than the husband was responsible for causing the death of Momtaj Begum." 24. This principle also finds support in the decision of State Vs. Shafiqul Alam @ Rafiq reported in 43 DLR (......)90 corresponding to Iswarganj PS Case No. 2(9)90 under sections 302/201/34 of the Penal Code convicting the accused‑appellant under section 302 of the Penal Code and sentencing him to imprisonment for life and to pay a fine of taka five thousand, in default to suffer rigorous imprisonment for six...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328...Category: Criminal Law | Date: | Hits: 51
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......r rejection of plaint. That so far as the question of rejection of the plaint is concerned Order 7 rule 11 is not exhaustive, is now well‑settled, and the authority is not wanting in support of the principle that the Court in exercise of its inherent power can reject the plaint in an appropriate c......Abdur Rouf, Chairman and others………………………Opposite Parties (Civil Revision No.713 of 1993) Judgment June 27, 1993. Cases Referred to- Narayan Sankar Vs. Secretary of State for India, 30 Bombay 570; Rani Harsamukhi Sinha Vs. Moharaja Sashi Kanta Acharjee, 7 DLR 473; Ramkis...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..Category: Civil Law | Date: | Hits: 104
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ...... authority, or from the date of award of compensation and secondly, a previous decision based on different cause of action and also on a provision of law which is not applicable will be barred by the principle of res judicata in a subsequent writ petition on the same subject matter. It would be prof......n providing assistance in the fields of education, culture, social welfare, health care etc. In 1989 it applied to the Government to arrange them 1 (one) acre of land in exchange of money at Gazipur, for the purpose of establishment of it's building complex and the writ respondent no.2, the Deputy C...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......e offence can be ascertained only on evidence and therefore the petition under Section 561A of the Code of Criminal Procedure is misconceived. The High Court Division discharged the Rule on correct principle of law and we find no illegality in the judgment and order passed by the High Court Divisi......sed. Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.267 of 2007. (From the judgment and order dated 25.03.2007 passed by the H...... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ..Category: Criminal Law | Date: | Hits: 85
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