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Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....plot by way of purchase. The pre-emptor has been owning and possessing the 0.20 acres by erecting houses thereon. Be that as it may, on 20-12-1998 the opposite party Nos. 2 and 3 transferred the aforementioned 0.15 acres to the pre-emptee-petitioners behind the back and without the knowledge of ......ubsequently, when it was realised that having regard to the nature of the disputed land the relief prayed for could be granted under section 24 of the Non Agricultural Tenancy Act, an application for amendment to that effect in the cause title of the application with consequential changes was made b......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....Bank, 54 DLR 310. Syed Noor Md. Shah vs. Fakir Mohammad, PLD 1976 (Karachi 14). Lawyers involved: TH Khan. Senior Advocate with Md. Mosharraf Hossain Sarder and Md. Mainuddin, Advocates-for the Appellant. Abdur Razzaq, Senior Advocate with Mohammad Hossain, Advocate—For the Re......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ...... by Mr. Md. Ali Haider, Subordinate Judge, First Court, Dhaka, in Title Suit No. 294 of 1996 decreeing the suit. 2. Short facts leading to this appeal are, that on 26-11-1996 the respondent as plaintiff filed a suit being Title Suit No. 294 of 1996 in the Court of the then Subordinate Judge, ..Category: Property Law | Date: | Hits: 31
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
....by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak 46 DLR 295; Zakia Sultana vs. Maksuda Parvin 8 BLC 168. Lawyers involved: AKM Abdul Hakim for Kamal-ul-Alam, Advocate — For the Petitioners. Md. Khurshid Alam Khan, Advocate—For t...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ......Alam Khan, Advocate—For the Opposite Parties. Civil Revision No. 4722 of 1991. Judgment Syed Mahmud Hossain J.- This Rule was issued on an application for revision filed by the plaintiffs under section 115(1) of the Code of Civil Procedure (the Code) against judgment and decre..Category: Property Law | Date: | Hits: 25
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... Other Suit No. 30 of 1997 decreeing the suit in part. 2. The petitioner as plaintiff filed other Suit No. 30 of 1997 in the Court of the learned Joint District Judge, Court No.1, Rangpur, praying for partition of an area of 4.70 acres of land out of the suit jote. 3. The plaintiff's case, in...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......the Opposite Parties. Civil Revision No. 309 of 2004. Judgment Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the plaintiff-appellant is directed against the judgment and decree dated 5-11-2003 passed by the learne..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....No. 577 of 2004. Judgment Md. Imman Ali J.- This Reference under section 374 of the Code of Criminal Procedure submitted by the learned Additional Sessions Judge, 1st Court, Jhenaidah is placed for confirmation of the sentence of death imposed upon accused Md. Roushan Mondal @ Hashem upon find......as in the Bengal Children Act, 1922, which was localised to Kolkata and its suburbs as well as the Port of Kolkata and Howrah. There was also provision to extend it to other parts of Bengal. Later by amendment, section 29B was added by the Code of Criminal Procedure Amendment) Act, 1923 (XVIII of 19......d that neither he nor any member of his family suspected the accused. He added that so far as he knew the accused was not connected with the murder of his daughter. He also asserted that he had no complaint against the accused. 14. Md. Yousuf Ali, PW 11, who was the Investigating Officer, state..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....creeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 232 of 1999 in the First Court of Subordinate Judge, Dhaka for Specific Performance of Contract of sale of apartment No. 3.B at 3rd floor measuring an area 216......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......ssed by the learned Joint District Judge, First Court, Dhaka, in Title Suit No. 232 of 1999, decreeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 232 of 1999 in the First Court of Subordinate Judge, Dhaka for S..Category: Business or Commercial Law | Date: | Hits: 208
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....f defendant-petitioner is directed against the order No. 83 dated 29-7-2003 passed by the learned Joint District Judge, 2nd Court, Chittagong in partition suit No. 89 of 1996 allowing the application for additional statement and an application for amendment of written statement filed by the defend......nd by a kabala dated 30-10-48 is false, baseless and collusive, etc. Furthermore, after having been examined by the trial Court the defendant-opposite party No. 1 filed another petition praying for amendment of his written statement under Order VI, rule 17 of the Code of Civil Procedure stating th......ioner) for expunging the deposition of opposite party No. 1 as outside of his original written statement. 2. The relevant facts, in short, are that the opposite party No. 3 (hereinafter called the plaintiff) as plaintiffs instituted partition suit No. 89 of 1996 praying for saham of ¼ share in t..Category: Property Law | Date: | Hits: 42
....curity deposit in terms of section 42(1) of the Artha Rin Adalat Ain, 2003 and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. Short facts relevant for the purpose of disposal of the Rule are as follows:
The decree holder respondent, namely,...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......red and three) only. Ultimately, defendant-petitioner filed written statement in order to contest the suit.
3. On hearing, the suit was dismissed but in Title Appeal 1 of 2003 preferred by the plaintiff, the impugned judgment and the decree of the Court below was set aside on 20-6-2005 direct..
Category: Civil Law | Date: | Hits: 90
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....he State. Criminal Rule No. 175(R) of 2005. Judgment Siddiqur Rahman Miah J.- This Rule has arisen out of an appeal filed under section 10 of the Criminal Law Amendment Act, 1958 for condonation of delay of 4132 days in filing the appeal which is directed against the judgment an......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ....... 23. A somewhat similar point came up for decision in the case of Hakim Rai vs. State before a Full Bench of Punjab High Court reported in AIR 1957 (Punjab) 134. That was a case concerning complaint filed by a Court for using a forged document in a proceeding before that Court. The complaint..Category: Criminal Law | Date: | Hits: 31
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....cate—For the Petitioner. AR Yousuf Advocate—For the Respondent. Matter No. 61 of 1994. Judgment Mainur Reza Chowdhury J.- This is an application under section 38 of the Companies Act for rectification of the share register of respondent No.1 Company namely, Green Delta Insurance Com......adesh Gazette dated 7th October, 1984, wherein it has said: In exercise of the powers conferred by section 114 of the Insurance Act, 1938 (VI of 1938), the Government is pleased to make the following amendments in the Insurance Rules, 1958. By the said amendment, Rule 4(a) provided for paid up capit......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....n the Election Tribunal constituted under Ordinance 51 of 1983 issue an order of injunction either under Order 39, rule 1 or section 151 of the Civil Procedure Code? This is the main question before this court in this rule. Other questions that incidentally arise are whether this court can i......hola and three others analogous matter, 38 DLR (AD) 172. Which is in the light Of the Ordinance No. 51 of 1983. 5. Elaborating his arguments Mr. Dewan A.M.S. Zaman, has invited my attention to the amendment of section 29 of the Ordinance 51 of 1983 by Ordinance No. 44 of 1984 dated 9th July, 1984...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....ll pending in the court. 2. Facts leading to this, in short, are that opposite party Mst. Shamsun Nessa Begum as the plaintiff instituted a suit being Title Suit No. 183 of 1986 on 17-8-86 before the Assistant Judge, 6th Court, Dhaka for a declaration against defendant Nos. 1 and 2 namely, ......cuments existing in favour of the present petitioner is a fraudulent document and she is the owner thereby, introducing new facts and cause of action, changing nature and character of the suit, which amendment at this belated stage would be unwarranted. 14. It is further seen that the petitioner ......, Girish having been 16 annas owner of the suit property transferred the suit land by a registered deed dated 26-11-70 to the plaintiff Shamsun Nessa Begum and delivered possession on that day. The plaintiff’s case is that she on purchase entered into possession and constructed hut therein. He..Category: Property Law | Date: | Hits: 39
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
....er and disposed of by this judgment. 2. The prosecution case is that at about 3 P.M. on 12.9.84 the accused appellant Khalilur Rahman assaulted his wife Peara Begum with a balikucha (an instrument for sharpening dao) severely for nonpayment of the balance of Tk.600/00 out of the dowry of Tk.4......ion 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. The offences under the said Ordinance are inserted as paragraph 4B in the Schedule of offences to the Special Powers Act, 1974 by amendment by Section 10 of the said Ordinance. The offences specified in the Schedule to the Special......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ..Category: Criminal Law | Date: | Hits: 35
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....nt No.3) and defendant No.6 Messrs. Hegge and Company (Bangladesh) Ltd., Spencer's Building, Agrabad Commercial Area, Chittagong. The learned Subordinate Judge in the said Money Suit decreed the suit for recovery of TK.9,00,000/- on contest against the defendants 2,3 and 6 and exparte against defend......e Constitution of Bangladesh. In the 3rd Edition (1954) at page 553 of S.C. Sarker's book of the Code of Civil Procedure it is rightly noted that the High Court of East Bengal and Assam have the same amendments as added Rules 46A-H of the Calcutta High Court (by notification no. 1854-G dated 26.1.19......he learned Subordinate Judge in the said Money Suit decreed the suit for recovery of TK.9,00,000/- on contest against the defendants 2,3 and 6 and exparte against defendant 1, 4 and 5 with costs. The plaintiff was allowed to get an amount of Tk. 9,00,000/- from defendants 1,2,4,5 and 6 with pendent ..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....Subordinate Judge, 2nd Court, Chittagong in other Appeal No. 175 of 1966 reversing those dated 31.3.66 passed by the learned Munsif, North Raozan in Other Suit No. 150 of 1962. 2. The suit was one for declaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a ......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26....... standing in favour of defendant No. 1 was a benami document and also for permanent injunction restraining the defendants from entering into the suit property, damaging the huts and dispossessing the plaintiffs there from. It was bought by one Ala Miah and Amina Khatun, predecessors of the present a..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....l in title Appeal No. 89 of 1964 reversing those of dated 21.1.64 passed by the learned subordinate judge, 1st Court, Barisal in Title Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint an......certified copy of the said judgment of the said appeal it appears that the facts of that case are distinguishable from the facts of the present case. In that case there was no subsequent proposal and amendment of kabuliyat. There was only one kabuliyat in that case which although remained in force a......al District Judge, 3rd Court, Barisal in title Appeal No. 89 of 1964 reversing those of dated 21.1.64 passed by the learned subordinate judge, 1st Court, Barisal in Title Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land descri..Category: Property Law | Date: | Hits: 36
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
.... by the learned Subordinate Judge, 3rd Court, Dhaka accepting the written statement filed by the defendant-opposite parties in Money Suit No. 126 of 1982. 2. The petitioner as plaintiff filed the aforesaid suit on 16.4.82 for recovery of TK. 1,50,00,000/- being the market value of the plaintiffs ......nt can still appear and argue his case without the written statement. Under the unamended Order VIII, rule 1, it was not obligatory upon the defendant to file a written statement but under the recent amendment, the defendant is bound to file a written statement. However, the consequences of the fail......r dated 9.4.84 passed by the learned Subordinate Judge, 3rd Court, Dhaka accepting the written statement filed by the defendant-opposite parties in Money Suit No. 126 of 1982. 2. The petitioner as plaintiff filed the aforesaid suit on 16.4.82 for recovery of TK. 1,50,00,000/- being the market val..Category: Civil Law | Date: | Hits: 83
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....ul Amin Choudhury J.- This appeal is directed against judgment and decree passed by Artha Rin Adalat No. 2. Dhaka in Money Suit No. 34 of 1992. The Adalat by judgment dated 29-8-1996 decreed the suit for a sum of Taka 14, 05, 75,934.28 paisa with interest. 2. The short fact leading to this appeal......ambit of this unamended sub-section (6) of section 2 of the Ain and so they can maintain the suit. When the suit was filed in the year 1972 it was maintainable before the Artha Rin Adalat. Subsequent amendment of the law has not changed the forum as it is well-settled that such suit will continue to......in Money Suit No. 34 of 1992. The Adalat by judgment dated 29-8-1996 decreed the suit for a sum of Taka 14, 05, 75,934.28 paisa with interest. 2. The short fact leading to this appeal is that, the plaintiff-respondent instituted the suit alleging that the plaintiff company is a joint venture proj..Category: Banking Law | Date: | Hits: 136
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....tained in Dhaka Central jail, Dhaka vide Memo No. Miscellaneous Case No. 1586 of 1998 dated 22-12-98 (Annexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without a......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......n a false and fabricated case. On 27-12-98 the said sub-inspector Alauddin Miah came to the residence of the father of the detenu and threatened him of implication in several cases if he filed any complaint against the said sub-inspector. On 22-12-98 detenu was served with the order of detention whe..Category: Criminal Law | Date: | Hits: 106
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....No.299 of 2000/167 of 2000 now pending in the Court of Magistrate, 1St Class, Narayanganj should not be quashed. 2. In this Rule only question raised is whether filing of a petition of complaint before the cause of action arose can be a ground for quashing the proceeding. In the instant case, a c......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......y the CR No.299 of 2000/167 of 2000 now pending in the Court of Magistrate, 1St Class, Narayanganj should not be quashed. 2. In this Rule only question raised is whether filing of a petition of complaint before the cause of action arose can be a ground for quashing the proceeding. In the instant ..Category: Criminal Law | Date: | Hits: 35
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