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Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....a defendant No.7 Sree Pran Nath Mondal and his wife pro forma defendant No.8 Sreemati Rashmoni Dashya purchased the same and possessed the same by mutating their names in the RS Khatian and record of right and they were in peaceful possession therein of for more than 12 years. Thereafter, the said p......e J.- This appeal by the defendant Nos.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, Manikganj in Title Suit No.37 of 1981 decreeing the suit for declaration of title in the suit land. The respondent Nos.1‑3 as plaintiffs filed the said Tit......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......the said agreement for sale. The learned Advocate further contended that the said writing is in different ink and different hand. None of the P.Ws. were cross‑examined about the same at the time of trial. It appears from the order sheet that plaintiffs' prayer for temporary injunction was rejected..Category: Property Law | Date: | Hits: 154
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......nidah in Sessions Case No.17 of 1975 convicting all of them under section 395 read with section 397 of the Bangladesh Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for a period of 10 (ten) years and to pay a fine of Tk.4000/- each, in default to suffer R.I. for 8 ......ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......Kashem and one Mohammad Ali were identified by identifying witnesses in the tests identification parade and hence these 3 accused appellants along with the said Mohammed Ali were thereafter placed on trial before the learned Assistant Sessions Judge, Jhenidah. 4. The defence is a plea of innocenc..Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....years and this Kala Chand mutated his name in separate Khatian and has been owning and possessing the schedule land by paying rents to the Government regularly. The plaintiff opposite parties have no right, title, possession and interest over the suit land in any manner and the claim of the plaintif......suit on contest. 2. The opposite parties as plaintiffs have instituted a Title Suit being Title Suit No.16 of 1993 in the court of Senior Assistant Judge, Rupganj under the District of Narayangonj for permanent injunction against the petitioners and the defendant-respondent opposite party Nos.7......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......tition under Order I rule 10 for adding them as party in the aforesaid suit and the learned court was pleased to add them as party in that suit being Title Suit No.54 of 1993. After conclusion of the trial the learned Court was pleased to dismiss the suit on contest and plaintiff filed an appeal aga..Category: Property Law | Date: | Hits: 144
.... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406.......rder of termination is mala fide. The plaintiff‑opposite‑party filed a Review petition but got no reply. Finding no other alternative the plaintiff filed the suit being Title Suit No.41 of 1988 before the learned Munsif, Upazila Ramganj, District, Laxmipur.
3. The defendant Nos.3 and 5 app...... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406.......learned Munsif on consideration of the evidence on record decreed the suit by his judgment and decree dated 26.9.87.
5. Thus being aggrieved and dissatisfied with the judgment and decree of the trial Court the appellants petitioners filed an appeal before the learned District Judge who upon he..
Category: Labour and Industrial Law | Date: | Hits: 233
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....maintainable. But before examining the provisions of the Act and determining the question of maintainability of the appeal, we should keep in mind that an appeal is a creature of statute and unless a right of appeal is clearly and expressly given by the statute, it does not exist and there is no sco......inuddin Ahmed & others, 39 DLR (AD) I; Colquhoun Vs. Brooks, (1889) 14 App. case 493 (496); Canada Sugar Refining Co. Vs. R (1898) AC 735 (741) Lawyers Involved: AKM Asaduzzaman, Advocate‑for the defendant‑Appellant. Nazrul Islam, Advocate‑For the plaintiff-respondent. Sajjad......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......uently introduced by an amendment vide Artha Rin Adalat Amendment Act, 1990 published on 31st July, 1990, there is a provision for limit of the adjournment of the suits and time for conclusion of the trial i.e. within six months. Then in section 6 of the said Act, there is a finality clause and bar ..Category: Civil Law | Date: | Hits: 169
.... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
......ies, Principal of Residential Model School, Mohammadpur, Dhaka and Secretary, Ministry of Education, Government of Bangladesh respectively. He filed an application to the Court under Order 11 rule 14 for production of personal file, service book, connected peon book and annual confidential report of...... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
......non‑compliance of that order does not warrant the striking off of the defence of the parties which is guilty of the non‑compliance of the order. The ground upon which the discretion is given to a trial Court for striking off the defence of a defendant are given in rule 21 of Order 11 of the Civi..
Category: Procedural Law | Date: | Hits: 132
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
.... between man and man, and a Judge who is mentally incapable of awarding capital punishment where law and facts demand is a complete misfit in judicial machinery. Being placed in that system he has no right to play the part of a conscientious objector. Though the law prescribes an alternative sente......83 against the Order of conviction and sentence of death and along with these appeals, we have heard the death Reference No.9 of 1983 made to this Court by Additional Sessions Judge, 3rd Court Khulna for confirmation of sentence of death. This Judgment will dispose of aforesaid appeals as well as ......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......ment of appellant Nowsher Ali. He has stated that time for reflection was given and appellant Nowsher was cautioned that the statement to be made by him would be used as evidence against him during trial. He further stated that he being satisfied that confession was true and voluntary he gave the ..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....Nurul Islam and Rabi gave 'kirich' blow, accused Shahin and Malu alias Abu gave 'ballam' blow and other accused caused injuries on different parts of body of the deceased. The accused cut half of the right ear of the deceased and left ear from below. The lower portion of two legs were almost separat...... Judge, Kishorgahj, in Sessions Case No.61 of 1994 arising out of GR No.24(2)91 corresponding to Bhairab GRP Thana Case No.2(9)1991, convicting and sentencing them (appellants) to suffer imprisonment for life and to pay a fine of Taka 10,000 each, in default to suffer rigorous imprisonment for one y......cts and circumstances the evidence of P.Ws. 11 and 12 the alleged eye‑witnesses should be left out of consideration in order to avoid the chance of embellishment of the prosecution case. So, in all fairness, it can be said that the evidence of P.Ws. referred to above are not free from doubt inasmu......er section 161 of the Code of Criminal Procedure and finally, submitted a charge-sheet against the accused-appellants along with accused Noor Hossain and Malu out of whom Malu died before starting of trial and that Noor Hossain died during pendency of this appeal. 4. The case record ultimately, c..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....g infructuous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ......cause as to why the nomination paper of the respondent No.7 accepted by the Respondent No.1 in Second Appeal in the grab of review should not be declared illegal and without lawful authority. 2. Before issuance of the Rule on 18-12-2008, a vacation Bench of this Division on 11-12-2008 directed th......defeating his nearest rival who secured 81 laks votes. But the candidate who lost in the election against the respondent No.7 did not challenge the said election thereby meaning that the election was fair. Therefore, under no circumstances the instant petition filed by the petitioner can be consider......g infructuous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ..Category: Election Law | Date: | Hits: 231
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....y arising out of cause of action having no ambiguity in it and therefore there is no legal flaws in filing the case and the learned Chief Metropolitan Magistrate on appreciating the said legal aspect rightly took cognizance of the offence and transferred the case to the learned Metropolitan Sessions......f 2005 under section 138 of the Negotiable Instruments Act, which is now pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2, Phoenix Leasing Company Lt......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......and on the same day the case record was sent to the Chief Metropolitan Magistrate, Dhaka who transferred the case on 7-12-2006 to the Court of Mr. Md. Rafiqul Islam, Metropolitan Magistrate and the trial Court also granted bail to the accused petitioner on the previous terms and conditions. 6. ..Category: Criminal Law | Date: | Hits: 103
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
.... reply to the argument advanced by Mr. Mosharraf Hossain learned Advocate for the appellant, Mr. Abul Kalam Chowdhury submits that since the appellant was not a party to the settlement he has every right to prefer appeal against the judgment and decree passed by the trial Court. He further submi......in the suit as alternative dispute resolution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit No.25 of 2004 impleading the appellant as defendant No.35 with other 37 defendants for declaration of title in the suit land described in the schedule of the plaint. 3. It appears ......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ......ed illegally. He further submits that subsequently on 31-8-2004 the present appellant filed an application for allowing him to contest the suit by filing written statement, the learned Judge in the trial Court rejected their prayer and accepted the compromise petition filed by the other defendants..Category: Alternative Dispute Resolution | Date: | Hits: 227
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......lice station case No.33 dated 16-6-2001 under sections 147/148/149/323/234/326/307/302/114 of the Penal Code rejecting the petitioner's application under section 540 of the Code of Criminal Procedure for re-calling and re-examining the witnesses should not be set aside. 2. The facts relevant to......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......rned Sessions Judge, Brahmanbaria which was registered as Sessions Case No.61 of 2002; that subsequently case has been transferred to the learned Additional Sessions Judge, 2nd Court Brahmanbaria for trial who framed charge against the accused persons. 6. At the trial, prosecution adduced witness..Category: Procedural Law | Date: | Hits: 129
Grameen Telecom Vs. Dr. Rowshan Alam and another, 2010, 39 CLC (HCD)
....al Court which led him to pass an order for withdrawing the suit. As soon as the suit is withdrawn, the Court had no other option but to reject the application for addition of party. The same has rightly been done by the Court. 9. It is found that Title Suit No.254 of 2010 was filed within le...... learned Joint District Judge, 1st Court, Gazipur, in Title Suit No.73 of 2009 allowing an application filed under Order XXIII, rule 1 of the Code of Civil Procedure by the plaintiff-opposite parties for withdrawal of the aforesaid suit with a liberty to file a suit afresh and rejecting an applica......ew that the revisional application is liable to be rejected. Accordingly, the Rule is discharged. There being no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 523. ...... behalf of the opposite parties. 5. Mr. Rokon Uddin Mahmood submits that the impugned order is a non-speaking one. He submits that when the application for withdrawal of the suit was allowed the trial Court ought to have given the reasons for such withdrawal. Mr. Rokon further submits that his ..Category: Procedural Law | Date: | Hits: 100
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
....ration money amounting to Taka 5,00,000 approached various authorities to take over possession of the suit property. He further submits that the trial Court after discussion of evidence on record has rightly refused the suit for specific performance of contract on the ground that the plaintiff mis......-11-2007 (decree signed on 20-11-2007) passed by the learned Joint District Judge, 3rd Court, Chittagong in Other Suit No.16 of 2000 dismissing the suit. 2. Material facts of the case as necessary for the disposal of the appeal are that the appellant as plaintiff filed the aforesaid suit being Ot...... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......he plaintiff avoided his obligation under the contract he is not entitled to get any relief in a suit for specific performance of contract and as such the suit is liable to be dismissed. 4. At the trial the plaintiff examined in all 3 (three) witnesses and the defendant side examined only 1(one) ..Category: Property Law | Date: | Hits: 105
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
.... Court of the Subordinate Judge, Jessore on the allegation that petitioner Mst. Saleha Khatun on 22.11.1952 executed a power of attorney in favour of one Moniruzzaman Khan and divested herself of the right, title and interest in the ejmali property. The said ex parte decree in favour of Saleha Khatu......sain, Advocate -For the State. Criminal Revision No.11 of 1983. Judgment Anwarul Huque Chowdhury J. - This Rule arises out an application under section 561A of the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistr......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......Khatun surrendered before the Court with a petition for bail which was granted. 3. The Sub-Divisional Magistrate thereafter sent the case record to the learned Sessions Judge on 02.01.1983 for trial. The case was numbered as Sessions Case No.5 of 1983. Before that Court she entered appearance..Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
.... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......tes -For the Petitioner. Syed Ishtiaq Ahmed with H.R. Sharif, Advocates-For the Opposite parties. Admiralty Suit No. 30 of 1984. Judgment Mustafa Kamal J.- This is an application praying for an order of attachment and sale of the properties of the judgment-debtors as mentioned in Annexu...... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......ead with section 43 of the Bangladesh Merchants Shipping Ordinance, 1983 the Court cannot pass a decree beyond the sale value of the mortgaged ship. This is a question which was agitated before the trial Court and was taken as ground No.1 before the Appellate Division. As an executing Court I have..Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......ance Cases (hereinafter referred to as I.R.O. Cases) by the 1st Labour Court, Dhaka, directing the opposite-party to stay the operation of the orders of transfer issued by them until disposal of the aforesaid I.R.O. Cases Since common questions of fact and law are involved in these four Rules we hav......to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......rit Petition No.547 of 1985 along with Writ Petition Nos.548, 549 and 550 of 1985. Judgment Sultan Hossain Khan J. - These four Rules have arisen out of four similar decisions made in four Industrial Relations Ordinance Cases (hereinafter referred to as I.R.O. Cases) by the 1st Labour Court, D..Category: Labour and Industrial Law | Date: | Hits: 147
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......gainst the judgment and decree dated 24‑3‑92 passed by the learned Subordinate Judge, Additional Court, Narayanganj in Title Suit No.40 of 1991 dismissing the suit. 2. The plaintiff filed the aforesaid suit praying for specific performance of contract stating, inter alia, that the defendant N......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554....... reviewing the above order dated 23‑1‑2001 but by order dated 19‑3‑2001 the said prayer was also rejected. During hearing before us, Mr. Chowdhury also prayed for sending back the case to the trial Court on remand so that additional evidence may be considered therein but we are of the view t..Category: Property Law | Date: | Hits: 104
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ...... No.73 of 2001 on reversing the judgment and decree dated 6‑8-2002 passed by the 2nd Court of Subordinate Judge, Chuadanga in Title Suit No.10 of 1999 decreeing the suit. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted Title Suit No.10 of 1999......r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......to by a Magistrate of the 1st Class and on the basis of the enquiry report filed by the learned Magistrate, the plaintiff was placed under suspension pending the departmental proceeding. 5. At the trial, the plaintiff examined one witness while the contesting opposite parties also examined one wi..Category: Employment/Service Law | Date: | Hits: 194
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....de of Civil Procedure to accept a kabala annexed to the that implication as Annexure-A as additional evidence. Mr. Md. Ibrahim Mollah the learned Advocate appearing for them submits that they accrued right, title and interest in a part of the suit land by the said deed, regarding their such claim th......erties Ltd. Vs. Bangladesh, 11 BLD 523 = 44 DLR 308. Lawyers Involved: Ibrahim Mollah with Alamgir Hossain, Advocates - For the Petitioners (In Civil Revision No. 3814 of 2006. Ekramul Hoque for Shafquat Hussain - For the Petitioner (In Civil Revision No. 4743 of 2007). SH Md. Nurul Huda......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ......d land in the suit property. 8. After hearing the parties the learned Assistant Judge by the judgment and decree dated 30-3-1995 dismissed the suit. 9. On appeal, the judgment and decree of the trial Court were reversed and set by the impugned judgment and decree dated 13-2-2006 passed by the ..Category: Property Law | Date: | Hits: 97
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