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Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......d - the Opposite Parties. Criminal Miscellaneous Case No.137 of 1997. Judgment AK Badrul Huq J.- By this application under section 561A of the Code of Criminal Procedure the petitioner prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magis......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......137 of 1997. Judgment AK Badrul Huq J.- By this application under section 561A of the Code of Criminal Procedure the petitioner prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magistrate, Chittagong whereupon a Rule was issued calling upon t..Category: Criminal Law | Date: | Hits: 112
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....companied him. Entering into the house of Shahid Miah, the informant found his nephew, Shahid Master, aged 40 years, died from bullet injuries. He noticed bullet wounds having been inflicted on the right arm and right ribs of the deceased's body. The Informant, P.W. 1 claims to have seen the wife ......learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions Case No.121 of 1996 convicting the appellants under sections 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for 6(Six) mon...... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......n of the investigation into the case the police submitted charge sheet against 5(five) persons including the present appellants under sections 302/34 of the Penal Code. 5. The case being ready for trial, all the charge sheeted accused persons including the present appellants put on trial before t..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....ants purchased the entire land of this suit plot No.371 and also the suit land of CS Plot No.115 by 5 registered kabalas of the year 1954-1955-the Exhibit 'Ka' series and that the plaintiffs had no right, title, interest or possession in the suit lands of any of the plot Nos.115 and 371 and on suc......e order dated 27-7-1999 passed by the Subordinate Judge, 5th Court, Dhaka, in Title Suit No.42 of 1999 rejecting an application of the defendants under Order 7, rule 11 of the Code of Civil Procedure for rejection of plaint. By the impugned order dated 18-11-1999 the High Court Division made the rul......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......wrote this wrong quantum of land of CS Plot No.371 in their kabala deeds-the Exhibits Ka-Ka4, but in fact by these 5 registered kabalas they purchased the entire land of the CS Plot No.371. 4. The trial Court, on consideration of the evidence adduced by both the parties and also a report of an ..Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......ood record of service and reputation. He comes of an enlightened distinguished well-to-do Muslim family of this country. The petitioner was arrested by the Police on 13-8-1996 in connection with the aforesaid case. At the time of his arrest he was serving in the Ministry of Foreign Affairs as Direct......o-do Muslim family of this country. The petitioner was arrested by the Police on 13-8-1996 in connection with the aforesaid case. At the time of his arrest he was serving in the Ministry of Foreign Affairs as Director-General in the rank and status of Joint Secretary of the Government of the People......he opposite parties to show cause as to why they should not be directed to grant Division-I (Class-I) to the petitioner in Dhaka Central Jail is connection with Lalbagh PS Case No.1 11(11)75 as under-trial prisoner. 2. It is stated in the application that the petitioner was an Army Officer in Ban..Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....actionable wrong to institute civil proceedings without reasonable and probable cause even if malice is established. The law allows every person to employ its process for the purpose of asserting his rights without subjecting him to any liability other than the liability to pay the costs of the proc......cted against the judgment and decree dated 9-5-95 passed by the learned Subordinate Judge, First Court, Dhaka in Money Suit No.16 of 1991 dismissing the suit. 2. The plaintiff-appellant filed the aforesaid money suit alleging, inter alia, that one MA Nasir, husband of defendant-respondent No.1 an......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......ale was collusive inasmuch as the property worth Taka one crore was sold at a paltry sum of Taka 34 lakh. Hence the present suit filed by the plaintiff-appellant was liable to be dismissed. 4. The trial Court framed the following issues. 1. Whether the suit is maintainable in the present form?..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......st Court, Dhaka in Title Suit No.201 of 1994 decreeing the suit. 2. The respondent as plaintiff filed Title Suit No.617 of 1978 in the First Court of Subordinate Judge, Dhaka against the appellant for specific performance of contract namely, the agreement of sale dated 23-1-1978 alleging, inter a......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......(6) to what other relief, if any, the plaintiff is entitled? 5. The plaintiff examined 4 P.Ws. including himself as P.W.1. Defendant-appellant on the other hand examined only herself as D.W.1. The trial Court decreed the suit on the finding that the plaintiff-respondent succeeded in proving his c..Category: Civil Law | Date: | Hits: 148
....able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......aha J.- This Rule is directed against the judgment and decree dated 12-11-92 passed by the learned Assistant Judge, Madarganj in Other Class Suit No.1 of 1991 decreeing the suit.
2. Relevant facts for the purpose of the case, in short, are that the opposite parties as plaintiffs instituted a suit......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......ntended on behalf of the contesting defendants that the plaintiffs story of possession and dispossession is absolutely false and concocted and, as such, the suits liable to be dismissed.
4. At the trial Court, the plaintiffs examined 3 witnesses and the contesting defendants examined 2 witnesses ..
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....e Gulshan house, each brother would take one house exclusively irrespective of the valuation of the two houses (one at Kakrail and the other at Gulshan). Mr. Bhuiyan also submits that the trial Court rightly rejected these contentions of the plaintiff-appellant inasmuch as there is no evidence in su...... the ins of the plaintiff is directed against the Judgment decree dated 21-9-1995 passed by the learned Subordinate Judge, 4th Artha Rin Adalat, Dhaka, in Title Suit No. 32 of 1993 decreeing the suit for partition in preliminary form declaring share of the plaintiff to the extent of 50% in respect o......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......ment that after construction of the house at Gulshan, each brother would take one of the two residential houses, exclusively without reference to the valuation of the two houses. 4. At the time of trial the plaintiff examined himself as the sole witness on his behalf and defendant No.1 also exami..Category: Property Law | Date: | Hits: 109
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result: The Rule is discharged and the petition dated 18-5-2010 for direction is rejected. Cases Referred to- Khalilur Rahman Vs. Bangladesh, 2000 BLD (AD) 15......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......g original jurisdiction. 18. To appreciate the provisions relating to disposal of property, sections 561A and 517 are reproduced below: "516A. Order for custody and disposal of property pending trial in certain cases.- When any property regarding which any offence appears to have been committe..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
.... (c) 1" x 1 ½"x bone depth; 2) Vertical incised wound on middle of forehead 1 ½”x ¼ “ x bone depth; 3) Oblique incised wound on upper lip ¾“x½“x muscle depth; 4) Oblique incised wound on right left medullar region 1 ½”x1”x muscle depth; 5) Oblique incised wound on front of left sho......ing to GR Case No.377 of 1998 convicting the appellants Niranjan Malaker and Shyama Kanta Das and two others under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year ......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......e No.7 dated 15-8-1998 was stated and police after investigation submitted charge sheet against the four accused including the appellants under sections 302/34 of the Penal Code. 5. At the time of trial, accused Bakul Chandra Das and Manik Lal Das were absconding. The trial was held in their abse..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385....... other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 9-3-2008, all further proceedings of the above mentioned CR case were stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No.2 Senoara Begum as complainant filed the pet......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......bmits that whether or not the legal notice was served upon the petitioner and non-disclosure of the date of the notice in the complaint petition are questions of fact to be ascertained at the time of trial. In support of his submission he has referred to the case decision reported in 60 DLR (AD) 195..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ...... calling upon the opposite-party to show cause as to why the impugned order of framing of charge dated 6-7-2009 passed by the learned Special Judge, Court No.4, Dhaka, rejecting the application filed for discharge of the accused-petitioner under section 241A of the Code of Criminal Procedure in Spec......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......he Anti-Corruption Commission submitted a report against 2 (two) accused persons including the accused-petitioner under Rule 10 of the Anti-Corruption Rules, 2007 with a recommendation to stand their trial for the offence punishable under section 165A/332 of the Penal Code. 4. The accused persons..Category: Criminal Law | Date: | Hits: 84
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....82 as premature and hence declared as illegal and void and therefore this Court in its revisional jurisdiction should not interfere with such finding. He submitted that the Courts below were just and right in declaring the order of dismissal as illegal since they have correctly found that the order ...... Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Appeal Leave (CPSLA) No.299/83; Dhunat Degree College and others Vs. Md. Abdus ......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......he Regulation-3 of MLR No.1 of 1982 reveals that a review of the proceedings of a Martial Law Court is an “essential part” of the original proceeding which is unknown to the ordinary procedure of trial of criminal case under the Code of Criminal Procedure, 1898. Regulation 3(5) provides that any..Category: Employment/Service Law | Date: | Hits: 182
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......oticed the injuries on the person of the complainant and issued warrant of arrest against the respondent under sections 323, 324 and 379 of the Penal Code. 4. The accused-respondents surrendered before the learned Magistrate on 16.11.87 and were released on bail. 5. On 18.11.87 both the compla......lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......47 of the Code of Criminal Procedure has application in all criminal cases after omission of Chapter XXI and amendment of Chapter XX of the Code of Criminal Procedure whereby different procedures for trial of warrant cases and the summons cases by a Magistrate were abolished and the Chapter XX was m..Category: Procedural Law | Date: | Hits: 85
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ion filed by the pre-emptees as per provision of Order VII Rule 11(d) of the Code of Civil Procedure and thereby rejecting the pre-emption petition of the pre-emptor and the learned appellate Judge rightly set aside the order passed by the learned Assistant Judge and thereby allowing the Miscellan......ha, Khulna allowing an application under Order VII Rule 11(d) of the Code Civil Procedure. 2. At the time of issuance of the rule, operation of the impugned judgment and order was stayed initially for a period of 6(Six) months from date and later on it was extended till date. 3. Facts, relevan......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......ition of the pre-emptor. In my opinion the statement that has been made by pre-emptees in the application under Order VII Rule 11 (d) of the Code of Civil Procedure is a matter to be decided by the trial Court after adducing evidence by the parties on this point. Because those facts only can be de..Category: Procedural Law | Date: | Hits: 88
....r of portion 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 shall, notwithstandi......8 to show cause as to why the impugned judgment and decree dated 26.7.90 passed by the Subordinate Judge, Fourth Court, Dhaka in Title Appeal No. 126 of 1987 should not be set aside.
2. The facts for disposal of the Rule are as follows: The deceased Md. Abdul Aziz as plaintiff filed Title Suit N......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......hey had already transferred the suit land to their respective wives, defendants No.3 and 4 on 8.12.1981.
4. The plaintiff examined 3 witnesses and the defendants examined two witnesses.
5. The trial Court after considering the facts and circumstances of the case and evidence on record came to..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....ade any witness in this case. The learned Advocate for the State further submits that as the accuseds were in absconsion at different times during the trial the evidence of some of the witnesses were rightly recorded in their absence under section 339B (2) and there having been no cross-examination ...... absconding co-accused namely Nurul Islam and Md. Bahar under section 19 (1)(Ka) of the Madhak Drabbya Niyantran Ain, 1990 (Act 11 of 1990) and sentencing each of them to suffer rigorous imprisonment for 2 years. 2. The prosecution case, as made out in the FIR lodged with the Mirpur Police Statio......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......tran Ain on 19.11.90. On the prayer of the accused, they were granted bail by the Magistrate before whom they were produced. Thereafter the case was forwarded to the learned Sessions Judge, Dhaka for trial and the learned Sessions Judge received the, same on 10.1.91 and thereafter transferred the sa..Category: Criminal Law | Date: | Hits: 81
Mahatab Vs. State, 2010, 39 CLC (HCD)
...., Moulvibazar without considering the same has rejected the prayer for recalling the witnesses; that by rejecting the prayer for recalling the witnesses, the learned Sessions Judge in fact denied the right to the accused petitioner to defend himself and therefore the impugned order is an abuse of ......section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness appears to him essential for the just decision of the case. The purpose of section 540 of the Code is not to help any part to......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......nd out the truth and render a just decision. The statutory provisions of section 540 of the Code are enacted where under any Court by exercising its discretionary authority at any stage of inquiry, trial or other proceeding can summon any person as witness or examine any person as a witness or exa..Category: Criminal Law | Date: | Hits: 97
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....aiming title to the property, therefore, the suit is liable to be dismissed. 6. On the pleadings different issues were settled including the issue of maintainability. And whether the plaintiff has right, title and possession in the suit property. 7. After trial the learned Assistant Judge. By ......edecessor of the opposite party Nos.1-10 as plaintiff, instituted Title Suit No.254 of 1983 in the Third Court of Munsif, Jessore, impleading the petitioner and opposite party Nos.11-16 as defendants for declaration of title and confirmation of possession in respect of 0.82 acres of land described i......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ...... be dismissed. 6. On the pleadings different issues were settled including the issue of maintainability. And whether the plaintiff has right, title and possession in the suit property. 7. After trial the learned Assistant Judge. By the judgment and decree dated 11-11-1987 decreed the suit in p..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......petitioner as plaintiff instituted Title Suit being Title Suite No.15 of 2002 in the Court of the Senior Assistant Judge, Chandpur Sadar Chandpur impleading the opposite parties as defendants therein for declaration that the so-called order dated 21-11-2004 passed by the opposite parties compulsoril......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......or retirement from the service as a teacher and the petitioner signed and agreed and, as such, the notice of retirement was served upon him; thus the suit is liable to be dismissed. 4. The learned trial Court on consideration of the evidence and materials on record decreed the suit. As against th..Category: Employment/Service Law | Date: | Hits: 158
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