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Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....y.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law Words and Phrases Waqf Waqf, as meant in the Muslim personal law, is the de...... original Zamindars did neither give settlement of the land to nor did they receive rent from anyone in respect of the suit land or the estate. Thus no right, title and interest was created by the so-called pattannama allegedly executed in favour of the predecessors-in-interest of the plaintiff. By ......rs to receive rent from raiyats or pattan-holders. More importantly, not a single contemporaneous dakhila against the pattan was produced in Court except one of 1996 which is again suspected by the trial Court as fabricated and indeed seems to be so created for the purpose of the suit. A pattannam......gh Court Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Zareen Biscuit Company.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The ..

Category: Trust/Waqf Law | Date: | Hits: 114

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

.... and others…………………..Plaintiff-Opposite Party Judgment January 3, 2011. Result: The rules i.e. Civil Revision No.3917 of 2010 with Civil Revision No.3918 of 2010 are made absolute. The Code of Civil Procedure, 1908(Act No. V of 1908); section 24 A case can be transf......nd another Vs. Jai Narain Parasmmpuria AIR 1992 (SC) 1133, it has been held that when a petition for transfer of suit is filed making allegations against the Presiding Officer, the report if and when called for from him, should normally be confined to the allegations made against the impartiality or......esire 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 to any Court subordinate to it and competent to try or dispose of the same, or, ......t Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Md. Enamul Haque…………………….Defendant-Petitioner Vs. Md. Ekramul Haque and others…………………..Plaintiff-Opposite Party Judgment January 3, 2011. Resul..

Category: Procedural Law | Date: | Hits: 179

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....arid Ahmed J Abdul Karim …………….pititioner Vs. Land Acquisition Officer, Comilla and others……………Respondents Judgment March 16, 2006. Result: The Rule is made absolute without any order as to costs. The Acquisition and Requisition of Immovable Property Ordin......1-1-02 allowed the appeal holding that the suit is barred under section 44 of the Ordinance and that the proceeding initiated under the Acquisition and Requisition of Immovable Property Act cannot be called in question before any Civil Court. 15. The petitioner has annexed a sketch map as Annexur......ments alleging that the acquisition is for bona fide public purpose for the public interest. The learned Assistant Judge on 26-8-96 decreed the suit. 4. Against the said judgment and decree of the trial Court, the respondents preferred Title Appeal No. 219 of 1996 before the learned District Judg...... (HCD) (2009) 112. ..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....rained from depositing Tk. 5,38,549 that is 5% of total lease money to the Government exchequer on account of land revenue collected from Dhap Sultangonj hat for the years 1413 BS; the same accused also did not deposit Taka 4,37,134 i.e. 04% of total lease money payable to the Muktijoddha Sangsad co......he FIR to the office of commission with in 2 days of lodging the FIR a mandatory one. We are in full agreement with the above proposition of law. 18. Before parting with this cases it may be recalled here that when trial of a Criminal Case is started by taking evidence of prosecution witnes......of the Code of Criminal Procedure, the High Court Division can not verify the procedural shortcomings when the petitioner preserves every right to justify his alleged assertion during the course of trial but that cannot be any ground to quash the proceeding when the trial has already been started....... also Reported in: 64 DLR (HCD) (2012) 458. ..

Category: Procedural Law | Date: | Hits: 86

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....ourt, Chittagong, in other Class Suit No.112 of 1980 should not be set-aside. 2. Facts for disposal of the Rule, in short, are that the petitioner Nos.1-5 Late Haji Mohammad Abul Hafez and predecessor of the petitioner Nos.6-12 as plaintiffs instituted other Class Suit No.112 of 1980 in the 1st C...... dated 17-6-1984 passed by the Munsif (now Assistant Judge), 1st Court, Chittagong in Title Suit No.112 of 1980 are hereby upheld. The order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Rep......property as per scheme plan and estimate to be submitted by Mutawalli, is required to be implemented soon for better management of the property and enhancement of income of the Wakf Estate. 5. The trial Court after hearing the parties and considering the evidence on record decreed the suit by his......e. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..

Category: Administrative Law | Date: | Hits: 175

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

.... the land through the tenants except plot No. 337. Subsequently, the said Radha Mohan Saha regained the possession of the same entire suit land from the tenants. Thereafter, the plaintiff’s predecessor took pattan by Hukumnama dated 25th March, 1354 from the grandson of Radha Mohan Saha and therea...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ...... suit land is retainable by the Government and the plaintiff has miserably failed to prove his possession and the documents as adduced by the plaintiff are forged, collusive and illegal. 4. During trial the plaintiff adduced 3 witnesses while the defendant adduced 1 witness. The plaintiff also pr...... evidence or misinterpretation or misreading of the relevant law affecting the entire merit of the case…………………………..(10) Mere entry in the record of right shall not create right and title over any property without any corroborative evidence and materials……………………..

Category: Procedural Law | Date: | Hits: 83

Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)

.... receiver or raiyat or tenant . . . Although people of the bazar and villagers use the water of the tanks, yet, it does not make the tanks part of the bazar. By use of water of the tanks no right whatsoever has been created in favour of the users…………………………..(6 & 7) Lawyer...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......nd as such the plaintiffs are not entitled to any injunction with respect to the bazar. With regard to the area or extent of the bazar as said earlier it should be left open to be determined in the trial. As regards the two tanks the plaintiffs have claimed them on the ground that these tanks......�……………Appellants Vs. Bangladesh & others………………………Respondent Judgment April 20, 1983. Result: The appeal is allowed in part. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 20 (2a) Any bazar which inclu..

Category: Property Law | Date: | Hits: 74

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

....��………..Opposite Parties Judgment April 2, 1995. Result: The reference is rejected. Whether a Magistrate is competent to take cognizance of an offence in respect of an accused person on the basis of a naraji petition although the accused person was previously discharged pursuant......of the case. The reference is premature inasmuch as the learned Magistrate has not yet taken cognizance against the accused-petitioner on the basis of the naraji petition. The learned Magistrate only called for the case diary as there is allegation in the naraji petition that a perusal of the police......there is a prima facie case against the accused‑petitioner. Under section 172 of the Code of Criminal Procedure a Court is entitled to use a case diary not as evidence but in aid of such enquiry or trial. All that the learned Magistrate now requires to do is that on perusal of the naraji pe......Court High Court Division (Criminal Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Nurul Hoque.....................Petitioner Vs. Bazal Ahmed and 3 others……………………..Opposite Parties Judgment April 2, 1995. Result: T..

Category: Criminal Law | Date: | Hits: 138

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

....ittee. Her activities were prejudicial to the interest of the college and she was very much negligent to her duties. She was guilty of negligence of duty, professional misconduct and was engaged with some work which were detrimental to the interest of the college. She was unpunctual in attending cla......rt Naogaon who by the impugned Judgment and decree dated 28.8.2005 allowed the appeal, dismissed the suit holding that the suit was not maintainable without submitting any reply as against show cause called for from the plaintiff. 7. Being aggrieved by the said Judgment and decree the plaintiff h......ined the Rule. 8. Mr. Ozair Faruque with Mr. SK. Md. Morshed, the learned Advocate on appearing for the petitioner took me to the impugned Judgment and decree and as well as to the Judgment of the trial Court and formulated the following branches of arguments:- (i) Mr. Faruque referred to the ......rs…………………………Defendant-Opposite party Judgment May 13, 2007. Result: The rule is discharged. Cases Referred to- Alhaj B.N. Khan (Degree) College Vs. Md. A. Rahim and others, 7 BLT (AD) 153; Bijoy Kumar Saha Vs. Deputy Commissioner, Chuadanga and others, 55 DLR 5..

Category: Employment/Service Law | Date: | Hits: 118

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....Court Division (Special Original Jurisdiction) Present: Mohammad Abdur Rashid J Md. Miftah Uddin Choudhury J Mohammad Shahidul Islam @ Mufti Shahidul Islam, son of late Shamsul Haq Sarder of 21/17 Babar Road, Mohammadpur, Dhaka, Permanent address 1/D, 7/17,......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ...... proceeding in the aforesaid case does not come within the jurisdiction of this Bench and as such the Rule was liable to be discharged. 14. By filing an affidavit-in-reply annexing an order of the trial Court dated 26.11.07, it is stated that further proceeding of the case was stayed until dispos......17 Babar Road, Mohammadpur, Dhaka, Permanent address 1/D, 7/17, Mirpur, Dhaka-1612…………………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others…………………Respondents Judgment February 14, 2008. Result: The Rule ..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....arifuddin Chaklader J Sheikh Abdul Awal J Kamrul Mia and others..........Petitioners Vs. State……………Opposite Party Judgment March 14, 2007. Result: The Rule is made absolute with observations. Why the Druta Bichar Tribunal Ain, 2002 was promulgated? This Ain ......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......a Bichar Tribunal Ain, 2002 was promulgated? This Ain was promulgated to ensure speedy tail so that an accused may not languish days unnecessarily behind bars or may not be hanging in the name of trial for unlimited period, this Ain was promulgated keeping in mind the provision of Article 35 of ......e is also Reported in: 61 DLR (HCD) (2009) 474. ..

Category: Procedural Law | Date: | Hits: 84

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....BLD 54; Continental Traders Vs. Bangladesh Textile Mills Corporation, 59 DLR 151; East and West Steamship Co, Georgetown, Madras Vs. SK Ramalinga Chettiax, AIR 1960 SC 1058. Lawyers Involved: Masood R Sobhan with AFM Saiful Karim, Advocates — For the Plaintiff. M Hafizullah with Md. Al-Am......defendants further contended that after loading of the goods on board the vessel, it sailed from Hull on 20-10-1999. The vessel encountered severe cyclone storm in the Bay of Biscay on 23-10-1999 and called at Southampton on 26-10-1999 for emergency repairs, re-stowage and re-lashing of cargo for sa......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......ng Corporation, 10 DLR 307; Albert David (Bangladesh) Ltd. Vs. Brestern Shipping Company Ltd, 1983 BLD 3 =34 DLR 362; Karachi Steam Navigation Vs. Ebrahim Gani, PLD 1957 (Karachi) 315; Konsumex Vs. Ananda and Co, AIR 1981 Calcutta 298; Chittagong Steamship Corporation Ltd. Vs. Central Insurance Comp..

Category: Limitation Law | Date: | Hits: 174

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petitions) Judgment May 10, 1998. Result: The Rules are made absolute. The National Sports Council Act, 1974 (Act No. LVII of 1974), section 20A(b) Before p......t, memorandum or articles of association or any, other legal instrument, the Board shall have power‑ (a)……………………….. (b) to dissolve the executive committee, by whatever name called, of an organisation affiliated to it, if, in its opinion, the executive committee does not ac......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......��………………..Petitioner (Writ Petition No.614 of 1998) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petitions) Judgment May ..

Category: Employment/Service Law | Date: | Hits: 100

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

....7-9-2006 filed an application for dismissal of the Money Execution Case on the ground that the execution case is barred by limitation as per provision of sections 28 (1) and 29 of the Ain, 2003 and also on the ground the decree is hit by section 47 of the Ain, 2003. The Adalat on considering the mat......or the Petitioner. Akram H Chowdhury, Advocate — For Added Respondent no. 3. Writ Petition No. 10051 of 2006. Judgment Sheikh Abdul Awal J. - In this Rule Nisi the respondents have been called upon to show cause as to why the impugned order dated 1-10-2006 (Annexure- E) passed by respo......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......Garments (Pvt.) Ltd…………Petitioner Vs. Artha Rin Adalat, Dhaka .......Respondents Judgment April 23, 2008. Result: The Rule is discharged with a cost of Taka 5,000 (five thousand). Application of writ juridiction against the judgment and decree passed by the Artha Rin Ada..

Category: Civil Law | Date: | Hits: 170

Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)

....ty mentioned in the schedule to the plaint with further declaration that the deeds of both the defendant Nos.1-14 and 28-31, schedule Kha-Niyo are fraudulent and not binding upon the plaintiffs and also further declaration that the khatian in favour of defendant Nos.1-14 and 28-31 are wrong. 3.......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......onsideration of the statements of the written statement…………(17) The High Court Division cannot act on a gazette notification that was not produced and not exhibited in suit before the trial Court. ………………………………(17) Lawyers Involved: T.H. Khan, Advocate, w......gree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..

Category: Property Law | Date: | Hits: 80

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....e is that onus of proving everything essential to establishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge mus......he time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. Such statements in law are compendiously called dying declarations……………………………..(54) Juristic theory regarding accept...... standard of proof required……………………..(36) Though sad yet it is a fact that in our country there is a tendency on the part of people to rope in as many people as possible for facing trial in respect of murderous onslaught perpetrated upon any victim. Innocent persons, including age......ablishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evid..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....the Court cannot correct it as it would amount to legislation which is outside the domain of interpretation; a Court of Law is bound to proceed on the assumption that the legislature is an ideal person that does not make mistakes……………………(38) When the language of any statute e.......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......ed 25-11-1990 under section 25B of the Special Powers Act, 1974 against 5 (five) persons including the present convict appellants. 4. Eventually, all the charge-sheeted accused persons were put on trial before the Special Tribunal No.1, Panchagarh and charge under section 25B (2) of the Special P......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..

Category: Criminal Law | Date: | Hits: 84

Md. Ismail Vs. State, 2012, 41 CLC (HCD)

.... Gani J Md. Ismail………………………………Petitioner Vs. State……………………………..Opposite party Judgment June 14, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A ......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......parties the learned Magistrate framed charge against the petitioner only under section 323 of the Penal Code by order dated 29-10-1997. 4. After framing charge the same was fixed on 01-02-1998 for trial on which the complainant opposite party No.2 filed hazira and prayed for time to produce the w...... Criminal Procedure, 1898 (Act No. V of 1898); section 561A Whether the inherent power under section 561A of the Code of Criminal procedure can be exercised in setting aside the Judgment and order of the Additional Metropolitan Sessions Judge The inherent power of the High ..

Category: Procedural Law | Date: | Hits: 94

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

.........Petitioner (InCriminal Revision No.257 of 1987) Vs. The State......,.................................Opposite Party Judgment July 27, 1989. Result: Both the Rules are made absolute Judgments and orders of conviction and sentence are set aside. The Penal Code,1860 (XL......elow. In order to prove a document as forged, the ingredients of sections 463 and 464 of the Penal Code must be proved first which the prosecution has totally failed, further, a document shall be called a forged document if it is made or executed with dishonest and fraudulent intention to defrau......sed an order on 19.6.81, set aside the order of the learned Magistrate and sent the case back on remand for re-hearing with three specific directions to be followed by the learned Magistrate during trial. After remand the case was renumbered as case No.269a of 1982 before the Additional District M......riminal Revision No.257 of 1987) Vs. The State......,.................................Opposite Party Judgment July 27, 1989. Result: Both the Rules are made absolute Judgments and orders of conviction and sentence are set aside. The Penal Code,1860 (XLV of 1860); Sections..

Category: Procedural Law | Date: | Hits: 111

AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

....hmudur Rahman J AKM Azizul Haque.......................Petitioner Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ......ated here that the Preamble of Act XIV of 1974 reads as follows:— "Whereas it is expedient to provide for special measures for the prevention of certain prejudicial activities, for more speedy trial and effective punishment of certain grave offences and for matters connected therewith." ......er Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for detention When there is a ..

Category: Criminal Law | Date: | Hits: 66

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