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Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....tted error. This error apparently is the cause of action of the application for review. The Court of the Subordinate Judge being a Court of appeal and the said Court deciding the appeal on merit, the prayer made by the defendant respondent to review the judgment on the aforesaid cause of action befo......galnaya in Title Suit No. 21 of 1984. 2. Facts, in brief, are that the appellant as plaintiff instituted Title Suit No.21 of 1984 in the 1st Court of the learned Munsif, Feni (now Assistant Judge) for partition of the suit properties stating, inter alia, that the Suit property belongs to Monsur A......him Box was son of Monsur Ali and that from Ext. ‘Kha’, it appears that Rahim Box was shown as son of one Borket Ullah and, as such, the learned Subordinate Judge passed the judgment and order of remanding the suit to ascertain the parentage of Rahim Box. The learned Subordinate Judge also direc......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ..Category: Property Law | Date: | Hits: 59
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....titioner who was the marriage registrar and was nowhere near the place of occurrence. 6. The date of trial of the accused persons was fixed on 28-9-92. On that date also the petitioner renewed his prayer for discharge on the ground that no sanction for prosecution against him was obtained from th...... 24-10-92 in respect of the petitioner without obtaining sanction from the Government should not be quashed. 2. The relevant facts, in short, are that, one Md. Ali Baksh Pramannik lodged a first information report with the Tanore Police Station on 18-11-91 alleging, inter alia, that on the night ......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25...Category: Criminal Law | Date: | Hits: 50
Md. Azizul Islam Vs. State, 2011, 40 CLC (HCD)
....e was admitted into Pakerhat Hospital and subsequently was referred to Dinajpur Medical College and hence the case. After investigation police submitted a charge sheet on 29.07.2010. Since his prayer for bail was rejected by the impugned order he then obtained the instant rule. 3. The lear......, Dinajpur alleging, inter alia, that on 8.5.10 out of previous enmity the accused persons as named in the FIR being armed with deadly weapons like lathi, iron rod, chopper, knife etc. confined the informant’s son Aminur near the shop of accused No.15; that on the order of the accused Nos.1 and 3,......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 40
Md. Shahjahan and others Vs. State, 2010, 39 CLC (HCD)
.... a confessional statement and disclosed the name of the petitioners and accordingly the petitioner No.1 was arrested on 2.8.2009 and petitioner No.2 was arrested on 22.9.09 and thereafter since their prayer for bail was rejected by the impugned order, they then obtained the instant rule and ad-inter......essional statement and disclosed the name of the petitioners and accordingly the petitioner No.1 was arrested on 2.8.2009 and petitioner No.2 was arrested on 22.9.09 and thereafter since their prayer for bail was rejected by the impugned order, they then obtained the instant rule and ad-interim bail......erty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in:......erty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 43
....before the Academic Council. Accordingly, respective petitioner filed application before the Academic Council praying for exempting them from the punishment but the Academic Council did not allow the prayer of the respective petitioner.
12. Petitioner of respective Rule claimed that no witness ga......and has been found guilty of offence under sections 5, 17, 21 and 22 of the Ordinance relating to Board of Residence and Discipline and he has been awarded punishment of expulsion from the University for 2 terms including the current term and suspended punishment for further 2 terms.
3. Md. Sanau......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563...
Category: Others | Date: | Hits: 116
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
...., Waliullah Noman, admitted his ignorance and mistake in preparing the said report-in-issue and thereby committed the offence of the contempt and accordingly, surrendered himself unconditionally with prayer for mercy of the Court by swearing an affidavit. The publication of such contemptuous report ......y the High Court Division in disposing of the Writ Petition No. 3806 of 1998 (Bangladesh Legal Aid and Services Trust (BLAST) and others Versus Bangladesh and others), making specific recommendations for compliance in passing order for ‘investigation and remand’ and the said decision (reported i...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
.... application filed on 14-8-1994 under rule 5(1) of Order XXXVIII of the Code of Civil Procedure. Learned Subordinate Judge and Artha Rin Adalat made order in the body of the applications allowing the prayer of the plaintiff. It may be mentioned that learned Subordinate Judge and Artha Rin Adalat fix......iff. 2. Facts as stated in the Wit Petition, in short, are that, the respondent No. 2 as plaintiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to th......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ..Category: Civil Law | Date: | Hits: 90
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....is samity on taking loan from the local Sonali Bank through Bangladesh Rural Development Board, Rajbari during the financial year 1985-86. The Rural Development Board of Rajbari allowed the aforesaid prayer of the accused persons and secured for them a loan of Taka 35,872.30 from Sonali Bank. It was......ated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1994, convicting the appellants under section 409 of the Penal Code and sentencing them thereunder to suffer RI for 2 years and to pay a fine of Taka 19,721.95 in default, to suffer RI for a further period of 1 y...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335....... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...Category: Criminal Law | Date: | Hits: 43
A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)
.... complainant-appellant remained absent by filing petition and that the complainant-appellant was absent on 19-5-94 and sought adjournment for filing a petition but the learned Magistrate rejected the prayer and acquitted the accused-respondent by the impugned order. Being aggrieved and dissatisfied ......ondent under section 247 of the Code of Criminal Procedure. 2. The appellant as complainant filed a petition of complaint in the court of Thana Magistrate, Jhalakati against the accused-respondent for the alleged offence under sections 406/420 of the Penal Code. The learned Magistrate on receipt ......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329.......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329...Category: Criminal Law | Date: | Hits: 63
....he suit by presenting a written statement traversing all the material allegations made in the plaint contending, inter alia, that one pious Muslim built a Mosque during the Mughal period for offering prayer by religious Muslims and dedicated his property in the name of “Allah”. There was Hujrakh......AK Badrul Huq J. - This Rule arising out of an application under section 115 of the Code of Civil Procedure appears in the list today as Item No. 2 in the name of Mr. Korban Ali, the learned Advocate for defendant-petitioners and SS Halder, the learned Advocate for the sole plaintiff-opposite party.......ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
......ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
..
Category: Property Law | Date: | Hits: 68
Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)
....red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......he judgment and order dated 16-11-98 passed in Family Execution Case No. 3 of 1998 by the 4th Court of the Additional Assistant Judge, Dhaka, rejecting application, of the decree holder dated 4-11-98 for directing the judgment debtor opposite party Md. Serajul Islam to suffer imprisonment, for failu......isonment for one month. But again the judgment debtor defaulted in payment of the money of the balance instalment, then again the decree holder came before the Magistrate, who then again passed order remanding the judgment debtor to custody. In Para 9 of that decision, his Lordship has held as under......red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554...Category: Family Law | Date: | Hits: 162
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
...., he went to the place of occurrence house to see the dead body. He then said that he found the accused along with others to go for Rajdharpur clustered village for cutting earth on the date at Fazar prayer time. He then said that the accused returned to his house at about 11-00 PM on the date. He s......inst the judgment and order dated 6-6-91 passed by the learned Sessions Judge, Faridpur, convicting the accused-appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and ordered to pay a fine of Taka 5,000.00, in default to suffer rigorous imprisonment for ...... 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: 51 DLR (1999) 544....... 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: 51 DLR (1999) 544...Category: Criminal Law | Date: | Hits: 32
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
....n a Criminal matter, can the case be restored for re-hearing again. Impliedly it means reviewing of the judgment already passed and signed. There is no mention of any section in the cause of title or prayer portion of the said petition. The provision of section 369 of the Code of Criminal Procedure ...... was filed under section 561A of Code of Criminal Procedure by the present petitioner Mostafa Aminur Rashid which was heard and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. 76 of 1991 was moved before the Appellate Division but the same was dismisse...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543...Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
....n a Criminal matter, can the case be restored for re-hearing again. Impliedly it means reviewing of the judgment already passed and signed. There is no mention of any section in the cause of title or prayer portion of the said petition. The provision of section 369 of the Code of Criminal Procedure ...... was filed under section 561A of Code of Criminal Procedure by the present petitioner Mostafa Aminur Rashid which was heard and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. 76 of 1991 was moved before the Appellate Division but the same was dismisse...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543...Category: Criminal Law | Date: | Hits: 52
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....151 of the Code of Civil Procedure as an application under Order 7 rule 11 of the Code of Civil Procedure for rejection of the plaint. The plaintiff opposite party filed written objection against the prayer for rejection of the plaint and opposed the application under Order 7 rule 11, Code of Civil ......our Gopal Saha J. - This Rule is directed against the order dated 18-9-97 passed by the learned Assistant Judge, Uzirpur, Barisal in Title Suit No. 52 of 1997 rejecting the petitioner’s application for rejection of the plaint under Order 7 rule 11 read with section 151 of the Code of Civil Procedu......referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527.......referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527...Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....b-lease by a raiyat is thus an encumbrance against a transferee from the certificate purchaser of the raiyat and must be duly annulled before the under raiyat can be ejected. In the facts of the case prayer for ejectment was refused for not having annulled the encumbrances by notice under section 16......ent Md. Awlad Ali J. - This Rule arises out of judgment and decree dated 8-5-86 passed by the Subordinate Judge, Bagerhat in Title Appeal No. 38/8 affirming the decree of the final Court in a suit for declaration of title and confirmation of possession and permanent injunction. 2. The petition......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522...Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....issioner further held that the respondent did not deposit the money which is to be paid back to the auction purchaser in the event of the sale being set aside. He further held that the respondent’s prayer for setting aside the sale should have been filed initially before the certificate officer wh......torney-General — For Respondent No. 1. KS Zaman, Advocate — For the Respondent Nos. 10 and 14. Writ Petition No. 1198 of 1995. Judgment Mainur Reza Chowdhury J. - This writ petition before us is filed by the petitioner Sajeda Begum at whose instance a Rule Nisi was issued calling upo......and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ..Category: Property Law | Date: | Hits: 107
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....nt No. 2. 3. The filing of the suit was followed by an application for temporary injunction under Order XXXIX rules 1 and 2 and section 151 of the Code of Civil Procedure. The temporary injunction prayer was aimed to prevent the defendant No.1 from receiving and defendant No. 2 from paying what i......cial Court, Chittagong in Other Suit No. 3 of 1998 refusing to grant temporary injunction. 2. Other Suit No. 3 of 1998 came into being following the filing of a plaint whereby the plaintiff prayed for (1) a decree of declaration to the effect that the plaintiff is not liable to pay technical fee ......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..Category: Civil Law | Date: | Hits: 164
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....roja Begum. Half an hour thereafter Firoja Begum went away to the house of her father taking her husband's things in a brief case and one bag without telling anybody anything. That day after the Asar prayer when her husband woke up from sleep and heard about departure of Firoja Begum, he went to the......2 of 1987 (arising out of Shwarankhola PS Case No. 2 dated 8‑5‑1984 and GR Case No. 32 of 1984) which convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life and also to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for one year...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ..Category: Criminal Law | Date: | Hits: 44
Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)
....Both the cases ended in charge sheet under section 19(a) and (1) of the Arms Act. The cases are now pending before the learned Metropolitan Tribunal No. II for trial. 3. The appellant made several prayers for bail but those were rejected on the ground that the trial may be obstructed and disrupte......d of by a single judgment. 2. Allegations against the appellant is that on 20-7-98 at about 14.00 hours SI of Police Liaquat Hossain, attached to Sabujbagh PS accompanied by a contingent of police force arrested the appellant from East Goran on information that he has been threatening local peopl......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298...Category: Criminal Law | Date: | Hits: 54
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