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....ordinate Judge by his impugned judgment dated 9-3-92 allowed the case and ordered that case land and the share of the building be pre-empted accordingly in favour of the petitioner-respondent and the right, title, and interest of the case land and the share in the building thereon vest in the petiti...... directed against the judgment and order dated 9-3-92 passed by the learned Subordinate Judge, Chandpur in Miscellaneous Case No. 59 of 1990 filed under section 24 of the Non-Agricultural Tenancy Act for pre-emption of the case land.
2. The short fact leading to this appeal is that the respondent......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......he deeds the petitioner deposited the statutory amount of Taka 1,31,000.00 along with 5% compensation and prayed for pre-emption under section 24 of the Non-Agricultural Tenancy Act.
3. Before the trial Court appellant Alhaj Md. Khalilur Rahman Miah and opposite party No.2 Abdul Matin Miah entere..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....tion is that said Ebad Ali at the influence of the defendants made three registered deeds of gift which were never acted upon and Ebad Ali also revoked those gifts, accordingly the defendants have no right, title or possession in the suit land on the basis of the said gifts. 4. The defendants con......re, in Title Appeal No.36 of 1989 dismissing the appeal and affirming the judgment and decree dated 12-1-89 passed by the Assistant Judge, Jessore, in Title Suit No.197 of 1986. 2. Facts necessary for the disposal of the Rule, may briefly be stated as follows: The plaintiffs‑petitioners file......Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......tained in the plaint, stating further that the aforesaid gifts were validly made, the possession was duly delivered and the gifted properties were mutated in the name of the donees. 5. The learned trial Court on consideration of the evidence and other materials on record dismissed the suit holdin..Category: Property Law | Date: | Hits: 85
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....f the members of Parliament is necessary, but it was illegally passed by the simple majority. (c) Even if it can be repealed by simple majority, its effect, consequence, benefit, result and legal right accrued to the accused will remain in force as the same have been saved and protected under pa......itional Attorney-General, Kaiseruddin Ahmed, Deputy Attorney‑General, Bazlur Rahman Chhana, Assistant Attorney‑General‑For the Respondents (In both the writ petitions). Syed Ishtiaq Ahmed, former Attorney‑General, Khondaker Mahbubuddin Ahmed, Senior Advocate, Kamal Hossain, Senior Advoc......esent: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others.................................Respondents (In Writ Petition No. 5321 of 1996) ...... were taken away by a group of army people without any sanction of law. In our ordinary laws, namely, the Penal Code or Army Act and in some other laws life of a person can be taken away by holding a trial in accordance with law. But in the morning of 15th August, 1975 the President along with his f..Category: Criminal Law | Date: | Hits: 202
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
.... money given by their mother, father and from their own funds. That is, the elements of banami transaction are not present in the instant case. In such view of the matter, the learned appellate Court rightly dismissed the suit reversing the judgment and decree of the trial Court. 8. We have heard...... Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Bajera and others, AIR 1974 SC 171. Lawyers Involved: Sarder Abul Hossain for Shahidul Islam, Advocate—For the Petitioner. Abul Kamal Chowdhury, Advocate—For the Oppos......and executed after considerable deliberation, and the person expressly shown as the purchaser of transaction in the deed starts with the initial presumption in his favour that the apparent state of affairs is the real state of affairs. Though the question, whether a particular sale is benami or not ......o be dismissed. 4. The plaintiff examined 10 witnesses and the defendant examined witnesses and both the parties produced some documentary evidence in support of their respective claims. 5. The trial Court by its judgment and decree dated 14‑1‑1998 decreed the suit. Then the defendant pref..Category: Property Law | Date: | Hits: 103
.... Samity Ltd. is a registered society functioning under the provision of the Ordinance 1984, the Rules framed thereunder in 1987 and the registered by‑laws of the society. The plaintiff has no legal right to file the suit and the suit is barred under provision of the Ordinance, 1984 and the Rules o......a Market Baboshahi Bahumukhi Samobaya Samity Ltd. (hereinafter called the Society) instituted Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawf......the relevant provision of section 86 and section 133 of the Ordinance, 1884 may be referred to.
Section 86 runs as follows:
"86. Dispute to be referred to Registrar.- Any dispute touching the affairs of a co‑operative society or of the liquidator of a society shall be referred to the Registr...... statute, provided for a forum to redress grievances, if any, and when the decision of that forum was "final under section 188, Civil Court’s jurisdiction stood ousted by necessary implication. The trial Court upheld this contention and dismissed the suit, but the High Court in appeal took a diffe..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
....or of potion or share thereof either by way of an out and out sale with an agreement to reconvey or where the transferor receives from the transferee any consideration and the transferee acquires the right to possess, and to enjoy the usufruct of such holding or portion or share thereof for a specif......onal District Judge, 1st Court Barisal in Title Appeal No.103 of 1982 reversing those dated 24‑5‑87 of the Munsif 2nd Court Barisal in Title Suit No.67 of 1976. 2. The plaintiff filed the suit for declaration of title in the suit land stating, inter alia, that Nazar Ali, predecessor of opposi...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......d to Nazar Ali on 30‑4‑74 and that after the death of Nazar Ali his heirs sold the entire land on 4‑5‑76 to the opposite party Nos.1 and 2 and delivered possession of the suit land. 4. The trial Court decreed the suit and on appeal the suit was dismissed by the appellate Court below by th..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......ant SM Habibullah Hablu alias AS Habibulla alias Hablu in Criminal Appeal No. 869 of 1993 have been convicted under section 19A and 19(f) of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years and 7 years respectively with a direction that both the sentences will run consecutivel......19(f) of the Arms Act dealt with and elicited the provision of section 103 CrPC as follows: “The object of the provision of section 103 CrPC is to ensure conducting of search in an impartial and fair manner and also to ensure that there is no ‘planting’ of incriminating articles by the poli......ee appellants namely, Talebur Rahman alias Taleb, Abdul Matin and SM Habibullah Hablu alias Hablu under section 19A and 19(f) of the Arms Act and on submission of the charge sheet they were placed on trial before the Special Tribunal Judge, Court No.17, Dhaka in Special Tribunal Case No.389 of 1992...Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....of deceased Abdur Rashid was held by P.W.4 Dr. AKM Enamul Haq, Medical Officer of Madaripur Sader Hospital, on 17‑11‑90 and he found the following injuries: 1) One sharp cutting injury on the right cheek measuring 6”x 3" x 2½” extending from upper right lip to the root of the right ear ......icting appellants, Amir Hossain Dhali and Abu Bakar Matbar along with seven other accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000.00 each, in default, to suffer rigorous imprisonment for th......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......ormation report with PS Damuddya at 12‑15 PM on 16‑11‑90. On compilation of investigation and on receipt of the post‑mortem report, the two appellants and seven other persons were sent up for trial under section 302/34/201 of the Penal Code. The two appellants and seven others accused person..Category: Criminal Law | Date: | Hits: 85
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ...... petitioner calls in question the legality and propriety of judgment and order dated 26-8-2008 passed by learned District Judge, Dhaka, summarily rejecting Transfer Miscellaneos Case No.930 of 2008 for transfer of Title appeal No.522 of 2003 from the sixth Court of Additional District Judge to the......s Case No.930 of 2008 sought such transfer of the appeal, which was rejected by the impugned order. Hence the Rule. 3. The learned Advocate appearing for petitioner submits that for the cause of fair and impartial justice the appeal should be tried either by the District Judge or by any other C......jurisdiction. 2. Material facts are that plaintiffs instituted a Title Suit No.50 of 2002 in the Court of Joint District Judge, Dhaka against defendant for declaration of title in suit land. The trial Court dismissed the suit, against which Title appeal No.522 of 2003 is pending for hearing. Th..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
.... Kalam Azad made allegation before the Director of Divisional Office, Barisal alleging against the Deputy Assistant Settlement Officer Md. Nurul Islam demanding Taka 10,000 as bribe for making record right in his favour of the land of Plot No.1602 under the Mouza Colva of Uzirpur Thana and according......ssed by the Divisional Special Judge, Barisal in Special Case No. 9 of 2009 convicting the appellants under section 5(2) of the Prevention of Corruption Act, 1947 and sentencing appellant Nurul Islam for 5 years rigorous imprisonment and also to pay fine of Taka 5,000 in default to suffer rigorous......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......et No.211 dated 30-12-2008 against the accused-appellant and other under sections 161/165(ka)/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. 4. The learned trial Court on 23-3-2009 framed charge against the accused-appellant under sections 161/109 of the P..Category: Criminal Law | Date: | Hits: 142
....lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ...... as the Joint Secretary and Vice President of Bangladesh Medical Association (BMA). He is at present President of Shadhinota Chikitsha Parishad. The detenu has established two private Medical Clinics for rendering medical service to the poor people, the detenu was arrested on the night following 16......sent:
Md. Awlad Ali J
Mir Hashmat Ali J
Dr. Abida Sultana Bhuiyan...............................Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, and others…………………………………….Respondents
Judgment
March 4, 2003......in Mahmud pointed out that whether the detenu had in his possession any illegal arms like a revolver that has to be proved before the Court trying the offence under Arms Act and ultimately, after the trial the consequence will follow. Therefore, the pendency of a case for alleged recovery of illegal..
Category: Criminal Law | Date: | Hits: 104
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
....ging the same was also served by registered post as the postal peon returned the same with the endorsement 'refused'. As the defendant of the respective suits did not contest the suit the court below rightly decreed the same ex parte. 4. At the time of hearing of the cases each of the defendant-p......ed of by this single judgment. 2. The petitioners in both the Rules as plaintiffs filed Title Suit Nos.172 of 1991 and 173 of 1991 in the court of Assistant Judge, 3rd Court, Dhaka on the same day for eviction of their monthly tenants, namely, Md. Shamsul Alam @ Md. Alam and Haji Abdul Jabbar res...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......So far as the findings of the courts below as regard the service of summons by the process server. Mr. Islam found it difficult to assail the same with reference to the materials on record. Since the trial Court on consideration of the evidence on record, both oral and documentary, came to the defin..Category: Procedural Law | Date: | Hits: 100
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... since the respondent No.4 prepared the seizure list on direction of the respondent No.1, Magistrate, Satkhira. It proves that the said seizure list was done under the Customs Act and the respondents rightly by following the provision of law made the seizure list which cannot be said illegal and wit......1635 dated 27-1-2005. He has Tax Identification Number (TIN) Number being 917-105-2188/ 2006-07/680 dated 1-2-2007. 3. During the State of Emergency of 11-1-2007 on 24-1-2007 in the name of Task-force the respondent No.4 arbitrary seized a series of goods from the Bagachara Bazar and also fro...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......ase No.3 of 2007 in the Court of Cognizance Court (Ka) Anchal, Satkhira under section 516A of the Code of Criminal Procedure for seeking, custody of the goods pending the conclusion of the inquiry or trial to the petitioner. Thereafter, the concerned Magistrate sought report from the respondent No..Category: Criminal Law | Date: | Hits: 94
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......Court may seem fit and proper. 2. Opposite-party No.1 Sonali Bank Limited filed Artha Rin Suit No.131 of 2003 on 26-4-2003 against the opposite-party No.4 and another impleading them as defendants for realization of TK. 47,40,875 (forty seven lakhs forty thousand eight hundred seventy five) conte......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......cellaneous appeal, on transfer was disposed of by the learned Additional District Judge, 2nd Court, Dhaka, who after hearing the parties dismissed the appeal affirming the judgment and order of the trial Court. Against the said judgment and order the instant Civil Revision has been prepared. 6...Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....g retreat of the miscreants Azizul Islam told that he had recognised them. Hearing this they attacked Azizul Islam. Rasmat gave dao blow on the person of Azizul Islam, Mokbul Hossain gave dao blow on right side of the head of the Azizul Islam and Atiqul Islam gave dao blow on the back of Azizul Isla......t of Trisal PS case 8 dated 19‑12‑1990 GR 102(2)90 under sections 302/34 Penal Code, convicting appellants Mokbul Hossain, Atiqul Islam, and another Rasmat Ali and sentencing them to imprisonment for life and also to pay fine of Taka 5000 in default to suffer RI for 1 year more. 2. Prosecutio......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......bul Hossain, Atiqul Islam, and another Rasmat Ali and sentencing them to imprisonment for life and also to pay fine of Taka 5000 in default to suffer RI for 1 year more. 2. Prosecution case at the trial, in brief, was that on 16‑12‑1990. Informant Saidul Islam and his elder brother deceased A..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......Balaganj, Sylhet should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution story, in brief, is that one Entajullah as informant lodged a First informant Report with the local police station against some accused on 21‑2......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......pondents was unwarranted and cannot be sustained in law and the question of quashing of the GR Case did arise as the case had not yet come up before the Special Magistrate or the Special Tribunal for trial upon taking cognizance. In the case of Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and ..Category: Criminal Law | Date: | Hits: 86
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....ossain and Mainuddin must be held liable for committing the murder of chairman Safluddin Chowdhury in the same manner as if the act was done by any one‑ of them alone. In my opinion, they have been rightly convicted and sentenced by the learned Additional Sessions Judge under sections 302/34 of th...... Cases Referred to- Tukaram Ganpat Pandare Vs. State of Maharashtra, AIR 1974 SC 514; Barendra Kumar Ghosh Vs. King Emperor, AIR 1925 PC 1. Lawyers Involved: Ahmed Ali, Advocate, for the appellants (In both the appeals and in opposition to the reference). Moazzem Hossain, ......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......ing the murder of one Safiuddin Chowdhury, the Chairman of No. 4 Char Ruhita Union Parishad within the district of Lakshmipur. 3. The facts of the case have been detailed in the judgment of the trial Court and the Division Bench and it is not necessary to repeat the same. However, for the dete..Category: Criminal Law | Date: | Hits: 116
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
....he defendant‑petitioner preferred this Revisional application before this Court. 3. Mr. Faruque Ahmed, the learned Advocate appearing for the petitioner, submits that since the defendant claimed right and title over the suit premises, the present SCC suit is not maintainable. The learned SCC Ju......o show cause as to why the judgment and decree dated 18.9.89 passed by the learned Subordinate Judge, 1st Court (SCC Judge) Comilla, in Small Cause Court (SCC) Suit No. 12 of 1977, decreeing the suit for ejectment should not be set aside. 2. The plaintiffs instituted the suit for ejectment of the...... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ......relationship between them, as landlord and tenant and as such this decree is illegal and void. In order to prove the tenancy the plaintiffs examined 5 witnesses. Their evidence were considered by the trial Court which found that the plaintiffs have been able to prove the case that the defendant was ..Category: Property Law | Date: | Hits: 108
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....ent of Bangladesh and the Assistant Commissioner (Land) were impleaded as defendants, the above petitioners. 3. The defendants No.5-10 contested the suit by filing written statement and denied the right, title, interest and possession of plaintiff and stated, inter alia, that the suit land has be...... Parties. Civil Revision No. 4018 of 1999. Judgment Md. Mamtazuddin Ahmed J.- The Rule arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the order date......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......circumstance of the case and referring to the impugned order submitted that the Appellate Court has not allowed the Appeal but only allowed the application for withdrawal of the suit but in fact, the trial Court rejected the plaint and as such, the order passed by the appellate Court is an infructuo..Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....property disproportionate to his known sources of income by improper means. It cannot be conceived of that the Legislature will be powerless where there is no question of violation of the fundamental rights in enacting a law for taking penal action against persons who have amassed property by improp......oner Abdul Kabir was served with a notice by the competent officer of the Bureau of Anti-Corruption under section 4 of the Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statem......er persons.” Corrupt and dishonest means may be adopted by a private person such as a businessman to amass property. It is common knowledge that some persons connected with business resort to means fair or foul not only to maximise profit but also to amass wealth by practicing fraud and misreprese......for prosecution under section 5 of a person, case against whom a case has been initiated with the prior approval of the Government, for its further satisfaction that there is prima facie case for the trial of such a person. But sanction under section 6 of the Act is not necessary to proceed under se..Category: Criminal Law | Date: | Hits: 109
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