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Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
.... plaintiffs brought the suit for a declaration of their easement right of pathway over Plot No.1 and 2 and drain in plot No.3 and 4 to the land mentioned in the schedule to the plaint. The suit was also for their 12 annas maliki right in plot No.2 and 4. The removal of obstruction placed on plot Nos......een filed for a right of prescription only. Customary right under section 18 of the Act has been defined as follows: "An easement may be acquired by virtue of a local custom. Such easements are called customary easements." 14. Customary easement is different from prescriptory easement in......rt, Sylhet in Title Appeal No.158 of 1950 setting aside those passed by the Munsif, First Court, Sylhet in Title Suit No.567 of 1946 on 31.3.54. 2. The present appellants were defendants in the trial court and the respondents were the plaintiffs. 3. The plaintiffs brought the suit for a ......11. ..Category: Civil Law | Date: | Hits: 147
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....l Area, Road No.13, Dhaka on the basis of a written agreement dated 1‑5‑81 for a period of 20 years at the initial rent of Tk. 1,000.00 per month which is revisable after every five years and also paid a salami of Tk. 1,22,000.00 and the petitioner was put into the possession of the shop on th......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......stion the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant Judge, Dhaka rejecting the Petition dated 10.4.90 filed under section 151 CPC praying for an analogous trial of both the Title Suit Nos.365 of 1988 and Title Suit No.62 of 1990. 2. Facts giving ris...... ABM Nurul Islam with Nowab Ali Molla, Advocate - For the opposite party. Civil Revision No. 887 of 1990. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant Judge, Dhaka rejecting..Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....aman J Duree Shahwar Begum………………………Petitioner Vs. Ali Ahmed Patwari………………………Opposite Party Judgment April 24, 1995. Result: The Rule is made absolute. Cases Referred to- Kokarmal Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; ......ue to the mother of the plaintiff from the defendant and now on a false plea, the aforesaid document is being used as a promissory note against the defendant petitioner and that the stamp of the so‑called promissory note has been purchased in the name of Meherunnessa Begum mother of the plaintiff ......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ...... absolute. Cases Referred to- Kokarmal Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs. Om Prakash, AIR 1989 (Rajasthan) 132; Allied Bank of Pakistan Ltd. Vs. VC Khilnani and 2 others, PLD 1984 (Karachi) 127 (131); Fine Textile Mills Ltd. Karachi Vs. Haji Umar, 15 DLR (S..Category: Procedural Law | Date: | Hits: 125
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....nt Sessions Judge, Shariatpur. 2. On the basis of an information filed by the opposite party No.1, Aleya Khatun alias Fulu on 29.10.90 OC Naria PS police made a GD entry. Thereafter on 30.10.90 OC sought permission from the Upazila Magistrate on 30.10.90 for holding investigation into the non‑c......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......e framed charge against the petitioner under sections 313 and 493 of the Penal Code and discharged the other accused. Thereafter the case is pending before the Assistant Session Judge, Shariatpur for trial. 3. Mr. Amjed Hossain, learned Advocate appearing for the petitioner, submitted that the ca...... OC Naria PS police made a GD entry. Thereafter on 30.10.90 OC sought permission from the Upazila Magistrate on 30.10.90 for holding investigation into the non‑cognizable offence under sections 313 and 493 of the Penal Code as disclosed in the said information. After investigation police submitted..Category: Criminal Law | Date: | Hits: 112
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
.... Ara Akhter, 49 DLR (AD) 80 wherein it has been settled that the Bangladesh House Building Finance Corporation is not at all a financial institution within meaning of Artha Rin Adalat Ain, 1990 and also 2003 but Bangladesh House Building Finance Corporation has been incorporated under section 2 Ka(4......poration is to carry its affairs through a Board consisting of a Managing Director and not more than five other directors. Besides, the Corporation may appoint a standing committee of experts to be called the Technical Advisory Committee. Article 20 of PO 7 of 1973 empowers the Corporation to gran......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......vil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Begum Shirin Akhtar.................Petitioner Vs. Bangladesh House Building Finance Corporation and others...............Opposite Party Judgment June 7, 2010. Result: Cases Referred t..Category: Civil Law | Date: | Hits: 198
Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)
.... Mohiuddin Ahmed and others…………………Accused-Petitioner Vs. State……………………Complainant-Opposite Party Judgment October 5, 2011. Result: The Rule is made absolute. Lawyers Involved: Sk Md. Sirajul Islam, Advocate - For the Petitioner. Farid Ahmed,......ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......riminal Procedure States:— "No police officer shall investigate a non cognizable case without the order of a Magistrate of the 1st or 2nd class having power to try such case or send the same for trial." 11. The police having not done so, the subsequent taking of cognizance by the Magistrat......o Reported in: 63 DLR (HCD) (2011) 564. ..Category: Criminal Law | Date: | Hits: 90
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....nt Sessions Judge, Shariatpur. 2. On the basis of an information filed by the opposite party No.1, Aleya Khatun alias Fulu on 29.10.90 OC Naria PS police made a GD entry. Thereafter on 30.10.90 OC sought permission from the Upazila Magistrate on 30.10.90 for holding investigation into the non‑c......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......e framed charge against the petitioner under sections 313 and 493 of the Penal Code and discharged the other accused. Thereafter the case is pending before the Assistant Session Judge, Shariatpur for trial. 3. Mr. Amjed Hossain, learned Advocate appearing for the petitioner, submitted that the ca...... OC Naria PS police made a GD entry. Thereafter on 30.10.90 OC sought permission from the Upazila Magistrate on 30.10.90 for holding investigation into the non‑cognizable offence under sections 313 and 493 of the Penal Code as disclosed in the said information. After investigation police submitted..Category: Procedural Law | Date: | Hits: 153
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
.... Judge, Manikganj in Title Suit No.37 of 1981 decreeing the suit for declaration of title in the suit land. The respondent Nos.1‑3 as plaintiffs filed the said Title Suit against the appellants and some others for declaration of their title in suit land measuring 1.26 acres described in the schedu......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......the said agreement for sale. The learned Advocate further contended that the said writing is in different ink and different hand. None of the P.Ws. were cross‑examined about the same at the time of trial. It appears from the order sheet that plaintiffs' prayer for temporary injunction was rejected......ppellants. Abul Quasem, Advocate ‑For the Respondent No. 1. Appeal from Original Decree No. 102 of 1982. Judgment Kazi Ebadul Hoque J.- This appeal by the defendant Nos.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, M..Category: Property Law | Date: | Hits: 154
Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
.... away towards west. Then they brought the dead body of Abdul Hakim to their house. It may be stated here that the place wherefrom the deceased irrigated the paddy land is 10 to 15 cubits away towards south from the place of incident. 3. On the following morning at 7-00 AM P.W.1 Sadi Mia lodged......tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......R (HCD) (1992) 492...Category: Criminal Law | Date: | Hits: 139
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....dge, Jhenidah in Sessions Case No.17 of 1975 convicting all of them under section 395 read with section 397 of the Bangladesh Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for a period of 10 (ten) years and to pay a fine of Tk.4000/- each, in default to suffer R.I......i Police Station along with Fazlul Hoque (P.W.3). Bazlur Rahman (P.W.5) and others and found there two dacoits arrested along with rifle and other articles. In his cross-examination he stated that he called Rafiuddin Chacha and Fazlul Hoque was his distant maternal uncle. He further stated that he h......Kashem and one Mohammad Ali were identified by identifying witnesses in the tests identification parade and hence these 3 accused appellants along with the said Mohammed Ali were thereafter placed on trial before the learned Assistant Sessions Judge, Jhenidah. 4. The defence is a plea of innocenc...... The State…………………………………………………………….Respondent Judgment April 30, 1985. Result: The appeal is allowed. Cases Referred to- Hachi Meah and another Vs. the State,17 DLR 692 (Full Bench); Hatu Mullik and others Vs. the Stat, 19 DLR 662; ..Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....…………….Petitioners Vs. Karim Khan and others………………………………………………….Opposite Parties Judgment December 1, 2002. Result: The Rule is made absolute. Cases Referred to- Lal Medh Vs. Haji Md. Ibrahim Meah, 28 DLR (AD) 61; Sultanuddin Cho......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......tition under Order I rule 10 for adding them as party in the aforesaid suit and the learned court was pleased to add them as party in that suit being Title Suit No.54 of 1993. After conclusion of the trial the learned Court was pleased to dismiss the suit on contest and plaintiff filed an appeal aga......ords at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ..Category: Property Law | Date: | Hits: 144
....serious error of law in entertaining the suit which is otherwise barred and thereby committed a serious illegality which occasioned failure of justice.
7. I have gone through the petition and also heard the learned Advocates for the petitioner as well as for the opposite party. The suit filed ...... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406.......learned Munsif on consideration of the evidence on record decreed the suit by his judgment and decree dated 26.9.87.
5. Thus being aggrieved and dissatisfied with the judgment and decree of the trial Court the appellants petitioners filed an appeal before the learned District Judge who upon he......ed in: 44 DLR (HCD) (1992) 406...
Category: Labour and Industrial Law | Date: | Hits: 233
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....of taking loan, the defendant appellant i.e. proprietor M/s James Repairing of Natore Road, Rajshahi mortgaged his house worth Tk. 6,00,000.00(six lacs) as a collateral security besides hypothecating some mill machineries including lathe machines, etc. of his workshop to the plaintiff‑Bank. But du...... Misc. Appeal in this Court. It was admitted for hearing under Order 41 rule 11 of the Code of Civil Procedure on 20.2.91 by a Division Bench of this Court but the records of the Court below were not called for and the preparation of the paper book in the appeal was dispensed with. We heard this Mis......uently introduced by an amendment vide Artha Rin Adalat Amendment Act, 1990 published on 31st July, 1990, there is a provision for limit of the adjournment of the suits and time for conclusion of the trial i.e. within six months. Then in section 6 of the said Act, there is a finality clause and bar ......Bank…………...Respondent Judgment July 21, 1992. Result: The appeal is dismissed. Cases Referred to- Hori Mia Vs. State, 10 DLR 123; 3 QBD page 1; ILR 40 Cal 21 (PC); Jyotish Chandra Chakravarty Vs. Hem Chandra Roy & another, 11 DLR 7; Abdur Rahman Vs. Muhammad Sharif &..Category: Civil Law | Date: | Hits: 169
....idential Model School, Mohammadpur, Dhaka and Secretary, Ministry of Education, Government of Bangladesh respectively. He filed an application to the Court under Order 11 rule 14 for production of personal file, service book, connected peon book and annual confidential report of the plaintiff from t......,12 and 18 or to produce documents under rule 14. It does not apply to cases of non‑compliance with order for production of documents under rule 14, Under rule 14 the production of documents can be called for by the court for perusal. For the period concerned such inspection may be applied under r......non‑compliance of that order does not warrant the striking off of the defence of the parties which is guilty of the non‑compliance of the order. The ground upon which the discretion is given to a trial Court for striking off the defence of a defendant are given in rule 21 of Order 11 of the Civi......Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Abdul Bari Sarker J
Abdul Latif .......Petitioner
Vs.
Principal, Residential Model School, Mohammadpur, Dhaka and another……….Opposite Parties
Judgment
April 2, 1987.
Result:
The Rule is disch..
Category: Procedural Law | Date: | Hits: 132
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......t Nowsher was caught by P.W. Akram, Tayeb Ali, Motleb, and there appellant Nawsher made extra judicial confession in his presence as well as in presence of those persons stating that he (Nowsher) was called from Fakirhat Bazar by appellant Nurul, Jalil and Salam and told him that he (Nowsher) would ......ment of appellant Nowsher Ali. He has stated that time for reflection was given and appellant Nowsher was cautioned that the statement to be made by him would be used as evidence against him during trial. He further stated that he being satisfied that confession was true and voluntary he gave the ...... May 11, 1986. Result: The appeals are dismissed. Cases Referred to- 13 DLR page 64; 27 DLR page 7; 37 DLR page 33; State Vs. Puhardhar Joydhar (31 DLR page 312); State Vs. Abdur Rahman and others 27 DLR 77 AIR 1971 S.C. 1584; State Vs. Nawab Ali Biswas, (1961) 13 DLR 646; State Vs. Mo..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....Sessions Judge, Kishorgahj, in Sessions Case No.61 of 1994 arising out of GR No.24(2)91 corresponding to Bhairab GRP Thana Case No.2(9)1991, convicting and sentencing them (appellants) to suffer imprisonment for life and to pay a fine of Taka 10,000 each, in default to suffer rigorous imprisonment f......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: 55 DLR (HCD) (2003) 557. ......er section 161 of the Code of Criminal Procedure and finally, submitted a charge-sheet against the accused-appellants along with accused Noor Hossain and Malu out of whom Malu died before starting of trial and that Noor Hossain died during pendency of this appeal. 4. The case record ultimately, c......his Case is also Reported in: 55 DLR (HCD) (2003) 557. ..Category: Criminal Law | Date: | Hits: 111
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....ount. The petitioner Maghna Food Products has issued several cheques amounting to total Taka 4,32,690 in favour of the complainant company. 4. The petitioner company Meghna Food Products had drawn some cheques upon Uttara Bank Ltd, Postagola Branch, Dhaka being Nos. 636766 dated 15-2-2005, 636726......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......and on the same day the case record was sent to the Chief Metropolitan Magistrate, Dhaka who transferred the case on 7-12-2006 to the Court of Mr. Md. Rafiqul Islam, Metropolitan Magistrate and the trial Court also granted bail to the accused petitioner on the previous terms and conditions. 6. ......Division (Criminal Miscellaneous Jurisdiction) Present: Sidduqur Rahman Miah J Ataur Rahman Khan J Noor Jamal…………………………………………Petitioner Vs. State and another……………………..Opposite parties Judgment August 18, 2009. Result: ..Category: Criminal Law | Date: | Hits: 103
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....ent and decree dated 25-9-2004 (decree signed on 26-9-2004) passed by the learned Joint District Judge, Court No.1, Noakhali in Title Suit No.25 of 2004 decreeing in the suit as alternative dispute resolution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit No.25 of 2004 impleadi......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ......ed illegally. He further submits that subsequently on 31-8-2004 the present appellant filed an application for allowing him to contest the suit by filing written statement, the learned Judge in the trial Court rejected their prayer and accepted the compromise petition filed by the other defendants......ourt Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Obaidul Hassan J Abdul Haque…………………………………..Defendant-Appellant Vs. Monija Khatun and others………………………………………Plaintiff-Respondents Judgment May 29, ..Category: Alternative Dispute Resolution | Date: | Hits: 227
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....Abdul Hafiz J Shariful Bhuiyan and another……………………Petitioners Vs. State……………………Opposite Party Judgment March 24, 2009. Result: The Rule is made absolute. Case Referred to- Shahinur Alam Vs. State, 56 DLR 10. Lawyers Involved: Obaidul......n and the same is bona fide, very vital and most essential to the just decision of the case. He further submits that the accused petitioners shall prejudiced if the prosecution witnesses are not re-called and further examined on the specific points as proposed in the application under section ......rned Sessions Judge, Brahmanbaria which was registered as Sessions Case No.61 of 2002; that subsequently case has been transferred to the learned Additional Sessions Judge, 2nd Court Brahmanbaria for trial who framed charge against the accused persons. 6. At the trial, prosecution adduced witness......s also Reported in: 63 DLR (HCD) (2011) 524...Category: Procedural Law | Date: | Hits: 129
Grameen Telecom Vs. Dr. Rowshan Alam and another, 2010, 39 CLC (HCD)
....ed under Order I, rule 10(2) of the Code of Civil Procedure by the petitioner for addition of party as defendant should not be set aside. 2. A simple question involves in this rule is whether a person who is not a party to the suit can challenge the order of withdrawal of the suit passed at the i......ew that the revisional application is liable to be rejected. Accordingly, the Rule is discharged. There being no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 523. ...... behalf of the opposite parties. 5. Mr. Rokon Uddin Mahmood submits that the impugned order is a non-speaking one. He submits that when the application for withdrawal of the suit was allowed the trial Court ought to have given the reasons for such withdrawal. Mr. Rokon further submits that his ...... High Court Division (Civil Revisional Jurisdiction) Present: Abdul Awal J FRM Nazmul Ahasan J Grameen Telecom………………………………Petitioner Vs. Dr. Rowshan Alam and another…………………………………Opposite-Parties Judgment July 25, 2010. ..Category: Procedural Law | Date: | Hits: 100
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