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Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
.... "B" long before and since after the purchase the defendant petitioners are in possession therein and they have also raised claim of adverse possession and it is evident that the petitioners have the right to claim such right by way of adverse possession and those statements regarding adverse posses......ent Syed Amirul Islam J.- This Rule is directed against the order dated 12‑8‑95 passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No.89 of 1969 rejecting the application for amendment of written statement. 2. The opposite party No.1 as plaintiff instituted Title suit......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......e patta dated 4‑2‑1936 and their further case is that during pendency of the suit they also purchased some more lands from others and, as such, prayed for saham. 3. The suit was decreed by the trial Court and the defendant Nos. 42‑43 filed First Appeal No.29 of 1978 and defendant No.22 file..Category: Procedural Law | Date: | Hits: 118
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....udge as to the credibility of the witness; (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquitted at his trial; (3) the right of the accused to the benefit of any doubt; and (4) the slowness of an appellate Court in dist......al Uddin Mollah, Deputy Attorney-General with Mohammad Abdul Baset, Assistant Attorney-General—For the State. Criminal Appeal No.125 of 1991. Judgment AK Badrul Huq J.—Gateway to Justice for redressal of grievance by seekers of Justice now-a-days faces bottleneck impairing case of Jus......at after ninety (90) days of registration of Talaqnam, accused-respondent took second wife. In cross-examination it, also, came out from mouth of complainant-appellant that there had been deep love affairs between herself and accused-respondent. 25. Complainant witness No.2 Abdul Matin was a wi......e in favour of accused and accused is entitled to benefit of reasonable doubt. Law is well settled that upon an appeal from acquittal appellate Court is not entitled to interfere with the decision of trial Court on facts unless it has acted perversely or otherwise improperly or the verdict suffered ..Category: Family Law | Date: | Hits: 165
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......d- For the Petitioners. A.J. Mohammad Ali, No.1 Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For Respondent No.1. None represented- For the Respondent. Criminal Petition for Leave to Appeal No.245 of 2005. Judgment Mohammad Fazlul Karim J.- Delay is condoned. The ......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......rt of Sessions Judge, Hobiganj where cognizance of the case was taken on 19.07.1993 and charge under Section 324/302 of the Penal Code was framed by the Sessions Judge on 17.08.1998 who after holding trial convicted and sentenced the condemned prisoner for the offence committed under Section 302 of ..Category: Criminal Law | Date: | Hits: 79
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
.... behind 3 sons Misir Ali, Mohammad Ali and Abdul Mannan, pre-emptor petitioner and one daughter Anwara, opposite party No.23 and a widow Tafiran Nessa, opposite party No.24 in S.A. and R.S. record of right were prepared in the name of Tamizuddin, Naimuddin, Zamir Ali, Akbor Ali, Zinnat Ali, Niat Ali......cord-For the Petitioners. A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record- For Respondent No.1. None represented- For Respondent Nos. 2-27. Civil Petition for Leave to Appeal No. 1779 of 2007. Judgment Mohammad Fazlul Karim J.- This petitioners seek......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......h Court Division in Civil Revision No.449 of 2006 making the Rule absolute setting aside the those of the lower appellate Court and allowing the pre-emption case thereby the judgment and order of the trial Court has been affirmed. 2. The facts led to the case, in short, are that the respondent No..Category: Property Law | Date: | Hits: 88
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....tiff of the present suit cannot be termed as trespasser in the suit‑premises, as his consistent claim is that he purchased the suit‑premises in his possession from the real owner and he has valid right, title and possession in the same and he is or was never a tenant or sub‑tenant in the suit-......1992 restraining the defendant appellant from proceeding with the Execution Case No.10 of 1992 pending in the 1st, Court of Assistant Judge, Chittagong. Short facts relevant from the disposal of the aforesaid appeal are, that the defendant‑appellant instituted a suit being SCC Suit No.33 of 1983 f......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......ame as a legal owner; hence the suit for eviction was not maintainable against him without a prayer for declaration of title and recovery of possession. The learned SCC Judge at the conclusion of the trial found that the defendant No.1 was a, monthly tenant under the plaintiff and a habitual default..Category: Civil Law | Date: | Hits: 130
Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)
....t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ...... to her step‑father Abdur Rashid who is also her, chacha and that she complained that she was raped by the three appellants and another accused Badal Talukder. 2. Accuseds were placed on trial before the Special Tribunal Madaripur, in Special Tribunal Case No.13 of 1992. By the Judgment and or......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ......ven back to her step‑father Abdur Rashid who is also her, chacha and that she complained that she was raped by the three appellants and another accused Badal Talukder. 2. Accuseds were placed on trial before the Special Tribunal Madaripur, in Special Tribunal Case No.13 of 1992. By the Judgment..Category: Procedural Law | Date: | Hits: 85
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......amuddim Dhali guilty of offence punishable under section 409 of the Penal Code and sentencing him to suffer two years imprisonment and to pay fine of Taka 300.00 and in default to suffer imprisonment for another three months. 2. The prosecution case, in short, is that accused‑appellant Md. Niza......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......sistant Sessions Judge, Bhola in his capacity as Special Judge of the district. The Trying Judge framed charge under section 469 of the Penal Code to which the accused pleaded not guilty and demanded trial. The prosecution examined 6 witnesses who were cross‑examined by the defence. During his exa..Category: Criminal Law | Date: | Hits: 95
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....he amendment of pleadings are intended for promoting the ends of justice and not for defeating them. 19. We think that it is a well established principle that the object of Courts is to decide the rights of the parties and not to punish them for mistakes they make in the conduct of their cases by......Bank……………………………Appellant-Petitioner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawye......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......also prayed for a final decree for selling the Mortgaged property described in the schedule to the plaint, on failure to realize the decretal amount. 3. The respondent as defendant appeared in the trial Court and contested the suit by filing written statement denying all material allegations brou..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....mpetence of the learned Court below to proceed to act under the authority of section 8(1)(a) while the General Manager remained mum, even if, ignominiously, as Mr. Islam complained. 18. Mr. Islam fright that the presence of the arbitration clause would clong his passage to a civil Court action, r......neous case are reconstructed below in precise from. 3. The opposite party successfully respondent to a tender invitation, which the petitioner herein, (the opposite party in the Court below), henceforth referred to as the petitioner, floated, on 31.1.96 seeking bids from contractors for site deve......rties, of their own free will, agree to resort to arbitration forum, and then again only to ensure compliance with the arbitration agreement by all the parties, inclusive of the arbitrator, to ensure fair play, and also to intervene if parties fail to agree to appoint arbitrator where such agreement......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......BLC (AD) 1. Lawyers Involved: Md. Abdur Razzaque Miah, Advocate, Instructed by Syed Mahbubar Rahman, Advocate-on Record- For the Petitioner. Not represented-For Respondent. Civil Petition for Leave to Appeal No.683 of 2009. Judgment Md. Mamtazuddin Ahmed J. - This petition for leav......nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......ing aggrieved by and dissatisfied with the order dated 03.02.2006 the petitioner preferred Civil Revision No.5118 of 2006 and after hearing the parties the High Court Division upheld the order of the trial Court by judgment and order dated 16.10.2008. 6. The petitioner being aggrieved by and diss..Category: Civil Law | Date: | Hits: 118
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... No.ASP (PF-Ma) 87/2491 dated 01.09.2005 though he is the highest appointing authority in his case too. It also reflects his evil motive and double standard treatment which is against the fundamental right of equality. The Chairman also promoted two more Managers namely: Abul Kashem and Azizul Haque...... 2. Facts giving rise to C.A. No.242 of 2009 are as follows: Respondent No.1, Md. Ali Hossain as writ-petitioner (hereinafter referred to as the petitioner) filed Writ Petition No.3109 of 2006 before the High Court Division impleading the appellants as respondent Nos.1-3 and the Government of t......ernationally recognized Hotel and Tourism Institutions in different countries, such as, Austria, U.K. Italy, Ireland, Spain and Switzerland. The petitioner had participated in different international fairs and programs at home and abroad. The petitioner also participated in seminars, workshops, meet...... (Regd), Lah (supra). In the cited case squarely the same question was raised on behalf of the respondent-company that “as Foreman were not covered by the definition of ‘workman’ under the Industrial Disputes Act, 1947, the workers were not entitled to raise the question of their re-instatemen..Category: Employment/Service Law | Date: | Hits: 156
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....of the view that the respondents are under trial prisoners in connection with different cases and on consideration of their social and political status, they cannot be denied and/or deprived of their right or entitlement of benefits and status as per Jail Code. In arriving at such conclusion the Hig......ructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdur Razzaq, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-record- For Respondent No. 1. Civil Petition for Leave to Appeal No.569 of 2011. Judgment Surendra Kumar Sinha J. - Government of Banglades......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......ers move this petition from judgment and order of the High Court Division in Writ Petition No.9199 of 2010 directing them to provide Division-1 (Classified) status in jail to the respondents as under trial prisoners. 2. Respondents moved a writ petition in the High Court Division claiming that th..Category: Criminal Law | Date: | Hits: 95
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
....he may file a suit for declaring the decree not binding on him and get the same set aside if found illegal. In that case it appears that although a person was not a party to the earlier suit he had a right which had been adversely affected by the fraudulent decree. In that case it was proved that th......and reversing the Judgment and decree dated 28.5.1986 and 3.6.1986 passes by the Upazila Munsif, Upazila Moladi, District Barisal in Title Suit No.197 of 1985 should not be set aside. 2. The facts for the disposal of the Rule is as follows: Petitioners as plaintiffs riled title suit being Titl...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......oladi in Title Suit No.197 of 1985. The plaintiffs‑petitioners have obtained this present Rule against the said impugned Judgment and decree in Title Appeal No.84 of 1986. 6. It appears that the trial Court after considering the evidence on record and comparing signature of the solenama and the..Category: Civil Law | Date: | Hits: 130
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......ates - For the Appellant. SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.2016 of 1991. Judgment Qazi Shariuddin J.- Accused Abdur Razzak @ Geda stood trial before the learned Assistant Sessions Judge and Special Tribunal Sylhet who found him guilty of the of......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......ul Advocates - For the Appellant. SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.2016 of 1991. Judgment Qazi Shariuddin J.- Accused Abdur Razzak @ Geda stood trial before the learned Assistant Sessions Judge and Special Tribunal Sylhet who found him guilty o..Category: Criminal Law | Date: | Hits: 144
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
.... or holding at a rent of Rs. 7. There is no evidence on record that there has been a spitting up of the holding in the revenue records of the Governments. In this view the learned Subordinate Judge rightly held on the basis of Exbt. 2 that the pre-emptee opposite parties are co-share of the transf......gment and order passed by the learned Subordinate Judge, Sylhet affirming those of the learned Munsif, Moulvi Bazar, passed in an application under section 96 of the State Acquisition and Tenancy Act for preemption. Facts in short are that the pre-emptor opposite parties filed an application fo......ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......ed that the petitioners not co-sharers or contiguous owners of the case land. 3. The learned Munsif allowed the application. On appeal, the learned Subordinate Judge affirmed the decision of the trial Court and dismissed the appeal. Hence this revision in this Court. Mr. B.K. Das, the lear..Category: Property Law | Date: | Hits: 113
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......ters Patent Appeal are, in short, as follows:- One Sudhir Chandra Saha and another instituted a suit being Title Suit No.218 of 1956 in the 1st Court of Munsif, Gaibandha, against Jan Mamud Sarker for a declaration that a kabulyat dated 17 Chaitra, 1362 B.S. corresponding to 31st March, 1956 exec......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......his heirs who were substituted on the death of Jan Mamud, contested the suit contending, inter alia, that the kabulyat was a genuine transaction and was accepted by the plaintiffs and acted upon. The trial Court dismissed the suit. The Court of 1st Appeal upheld the Judgment and decree of the trial ..Category: Property Law | Date: | Hits: 146
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......t the respondent Nos.1-9 as petitioners filed the Miscellaneous Case No.37 of 1994 in the Court of Assistant Judge, Biswanath, Sylhet under Section 96 of the State Acquisition and Tenancy Act praying for pre-emption, stating inter alia, that they are co-sharers and the original pre-emptee Mobaruk Al......ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......in the volume on 29.01.1992 and that the pre-emptee having been in possession of the case land from the date of execution on 25.12.1992, the pre-emption application is barred by limitation. 4. The trial Court dismissed the case on the ground of limitation because in the kabala it was stated that ..Category: Property Law | Date: | Hits: 84
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
.... a recognised Authority of the University, the legitimate expectation of the petitioner to be appointed as an Assistant Professor in the Department of the Civil Engineering, culminated into his legal right. 19. True it is that the appointment in any post in an ad-hoc basis is within the powers of......ladesh at the instance of Dr. Md. Alamgir, calling upon the Vice Chancellor, Bangladesh University of Engineering and Technology (BUET) and another to show cause as to why they should not be directed for finalisation of selection and appointment of the petitioner to the post of Assistant Professor i...... of section 16 necessary for our purpose is as follows “16. Subject to the other provisions of this Ordinance, the Syndicate shall have the general management of, and superintendence over, the affairs, concerns and property of the University; and shall exercise such superintendence in accordanc......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398...Category: Employment/Service Law | Date: | Hits: 160
Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)
....within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......med in the list are all fictitious persons and the defendant who was the manager at the relevant time by practising fraud upon the bank misappropriated the amount allegedly distributed to the loanees for which he was liable to pay to the bank. 3. The suit was filed before the learned Subordinate ......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......Mahmudul Amin Choudhury J.- This appeal has been preferred against the judgment and decree passed by the learned Artha Rin Adalat and Subordinate Judge, Manikganj in Artha Rin Suit No.34 of 1990. The trial Court dismisses the suit on contest. 2. The short fact leading to this appeal is that the a..Category: Civil Law | Date: | Hits: 202
....ney General appearing on behalf of the respondent No.3, on the other hand, opposes the Rule by filing affidavit-in-opposition and firstly, submits that the writ petition is not maintainable since the right under fiscal law is a right in personem and not a right in rein since the petitioner in furthe......the clients placing reliance upon the petitioner's advice also filed their returns under section 82BB, which were duly accepted by the Income Tax Department as the final settlement of the tax payment for the assessment year 2009-2010.
3. It has been stated that the clients of the petitioner by no......of the Ordinance. He also quoted a relevant portion from the Constitutional law by Mr. Mahmudul Islam in this regard:-
"Rule of law points that the power to be exercised in a manner which is just, fair and reasonable and not in an unreasonable, capricious or arbitrary manner leaving room for disc...... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
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Category: Fiscal/Taxation Law | Date: | Hits: 227
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