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Md. Selim Vs. State, 2011, 40 CLC (HCD)
.... Ms. Salma Rahman, learned Assistant Attorney General appearing for the State submits that the case having been proved against the appellant beyond reasonable doubt, the learned Judge of the Tribunal rightly passed the judgment and order of conviction. All the local witnesses have proved their signa......o- Yousuf Sk. alias Sk Abu Yousuf Vs. Appellate Tribunal and another, 29 DLR (SC) 211; Abdul Hai Sikder and another Vs. The State, 43 DLR (AD) 95. Lawyers Involved: Nahida Yasmin, Advocate - for the appellant. Salma Rahman, Assistant Attorney General - for the respondent. Criminal App......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......Case No.22 dated 15.2.1995. The police, after investigation submitted a charge sheet on 14.5.1995 against the sole appellant under section 19 (a) of the Arms Act. 3. The case after being ready for trial, was sent to the Special Tribunal No.1, Comilla, wherein it was numbered as Special Tribunal C..Category: Criminal Law | Date: | Hits: 94
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
.... both the sides and the facts and circumstances. We find no illegality or impropriety in the impugned order of the High Court Division. In the stated facts and circumstances the High Court Division rightly fixed a time limit for reconstruction of the records of earlier Title Suit No.159 of 1966 an...... Md. Asaduzzaman, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent Nos.1-3, 10 & 12. Respondent Nos. 4-9, 11 & 13-26—Not represented. Civil Petition for Leave to Appeal No.2298 of 2009. (From the judgment and order dated 19.05.2009 passed by the ......ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......smissed by the judgment and order dated 15.09.1970 against which Title Appeal No.38 of 1971 was filed and the Subordinate Judge, 2nd Court, Sylhet disposed of that appeal (sending back the suit for retrial and against that judgment of the 1st appellate court Second Appeal No.18 of 1973 was filed bef..Category: Property Law | Date: | Hits: 75
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....llate court below and the High Court Division, on proper examination of the evidence on record and the facts and circumstances and on proper appreciation of the matter and the legal provisions have rightly held that the decree passed in Title Suit No.169 of 4981 is valid and binding on the defenda...... Quiyum, Senior Advocate instructed by Haridas Paul, Advocate-on-Record—For Respondent No.4 (In both the cases). Respondent Nos.1-3, 5-33 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos. 797-798 of 2010. (From the judgment and order dated 23.11.2009 passed by......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......s collusive and fraudulent and as such void. That Nuruddin Bhuiyan sold out that 2.141/2 acres of land to A. Kadir by a saf-kabala and there was no agreement for re-conveyance of that land. 8. The trial court by his judgment and decree dated 31.10.2002 decreed the suit for partition allotting a s..Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... avoid this deposit, it appears, the petitioner has sought a short-cut by invoking section 151 CPC which is not applicable in such a situation. The application under section 151 is found to have been rightly dismissed." "(The underlinings are mine) 22. On consideration of the matter vis-a-vis t......y the Order No.24 dated 28.9.2003 passed by the learned Joint District Judge, 2nd Court, Narayanganj in Title Suit No.31 of 2002 should not be set-aside. 2. Material facts of the case as necessary for the disposal of the Rule are that the petitioner, Arab Bangladesh Bank Ltd. as plaintiff filed T......tute, even if available, for no fault of him and his property be taken away as is sought to be done by a decree of the Adalat. It follows, therefore, that the suit filed by the Opposite party No.1 is fairly maintainable. 70. For all the reasons stated above I am led to hold that the order passed ......ed 28.9.2003 rejected the application for rejection of the plaint holding that the contents of the plaint are related with some disputed deeds and Judgment and decree which can be decided only at the trial on taking evidence. 6. Being aggrieved by the aforesaid order the defendant-Arab Bangladesh..Category: Civil Law | Date: | Hits: 141
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
.... road belonging to C and B and accordingly, after proportionate deduction, the plaintiffs have been owning and possessing 1.45 acres of land. The S.A. khatian was not correctly prepared even then the right, title and interest of the plaintiffs in their shares have not been affected. The plaintiffs d......ecord—For the Petitioners. N. K. Saha, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent Nos. 1-7. Respondent Nos. 8-25 —Not represented. Civil Petition for Leave to Appeal No. 223 of 2009. (From the judgment and order dated 01.12.2008 passed by the ......judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250....... leaving behind one son, two daughters and widow Sonaban Bibi as his heirs. The plaintiffs have no right, title and interest in the suit land. Therefore, the suit is liable to be dismissed. 4. The trial Court by its judgment and order dated 24.08.2003 dismissed the suit. 5. Against the judgmen..Category: Property Law | Date: | Hits: 80
Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ...... Lawyers Involved: Israfil Hossain, Advocate instructed by Md. Ferozur Rahman, Advocate-on-Record—For the Petitioners. Khaled Ahmed, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.214 of 2010. (From the judgment and order dated 21.10.2009 passed by the H......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ......holder were not entitled to any portion of the provident fund and other service benefits of the deceased. 5. Both the parties adduced some witnesses in order to prove their respective cases. The trial court, on consideration of evidence and facts and circumstances, opined that since the decea..Category: Civil Law | Date: | Hits: 154
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....ts that the allegations made in the ground are specific and definite containing detailed particulars about the activities of the detenu and, as such, these grounds have not deprived the detenu of his right to make any effective representation against his detention. As a matter of fact on behalf of t......ngladesh, Deputy Secretary (Security), Ministry of Home Affairs, Government of Bangladesh and Deputy Inspector General (Prisons) Dhaka Central Jail, Dhaka to show cause as to why Mr. Stefan Pirker, a foreign national, should not be released from custody on the ground that he had been detained illega......an J Mohammad Asaduzzaman J Shahidul Alam………………………………………………..Petitioner VS. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat, Dhaka and others………………………Respondents Judgment November 3......a position to recall Mr. Pirker when required by them, If Mr. Pirker was a German citizen he perhaps, would not have been detained under this cause of suspicion. Mr. Stefan Pirker was released on the trial day. To our knowledge there are no original procedures pending against Mr. Pirker. There are a..Category: Criminal Law | Date: | Hits: 200
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....additional written statement if any, the defendants have not been prejudiced. 4. Mr. Islam also relied on the decision of 36 DLR (AD) 253. In that case originally suit was filed for declaration of rights and accounts by a partner of a partnership business and subsequently amendment was prayed for......ion No. 2834 of 1993. Judgment Abu Sayeed Ahammed J. -The defendants are revisionist. Fray is among the collateral relations of the same family. We are called upon to consider whether in a suit for ejectment of licencees, a prayer for declaration of plaintiffs title in the suit holding can be ......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......nged the nature and character of the suit, it will help the parties to avoid multiplicity of litigations, there is no scope for cropping up of a new cause of action. He further submits that since the trial Court permitted to file additional written statement if any, the defendants have not been prej..Category: Property Law | Date: | Hits: 151
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....a mere contractor bound by his undertaking but not by the terms of his office or employment. This view of West J. as to the meaning of the last item of the Ninth clause of Section 21, as has been rightly observed by the learned Judges of the High Court, has been accepted, as the correct expositi...... holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It appears that a criminal proceeding being G.R, Case No.242 of 1976 before the Summary Military Court, Sadar, Noakhali is pending, where the two appellants along with Mur......ponsible for their duty and remuneration to the Contractor. They cannot be said to be auxiliary to any Government servant. The view of the High Court is that in a changing society, when most of the affairs of the citizens are regulated, controlled and supervised by the state, the appellants were wor......adar, Noakhali is pending, where the two appellants along with Muraduzzaman, the Government contractor and Md. Habibur Rahman, the officer in charge of L.S.D Chowmuhani along with others are facing a trial chargeable under clause II of Martial Law Regulation 1 of 1975. The allegation made in the c..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....half of himself and on behalf of plaintiff No.20, on the basis of a registered Kabuliyat of the said date. Taking advantage of the wrong recording of the father's name of Mainuddin in the record-of-right defendant No.10 who happened to be an Advocate of the Dacca High Court, along with his relativ......inst a judgment of a Bench of the Dacca High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The......e writing or signature of a person, as has been deposed to by the witness who proves the said document. The question as to whether the document is a genuine one or it represents the true state of affairs is a question of fact which is to be decided by the Court concerned in the light of the fact......s the suit land one and a half years or so after the indpendence of the country. 5. The learned Additional District Judge who heard the appeal dismissed the same affirming all the findings of the trial Court The definite findings of the lower appellate Court were that the status of Mainuddin was..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....g defendants of being heard and secondly, that having regard to the provisions of Order 14, rule 2 and Order 15, rule 3(1) of the Code of Civil Procedure, the learned Judges of the High Court did not rightly exercise their revisional powers in set-aside the order of the trial Court fixing the hearin......ate, intruded by H.C. Panday, Advocate-on-Record—For the Petitioner. Nizamuddin Haider, Advocate, instructed by M. R. Khan, Advocate-on-Reeord—For the Respondents No.1 and 2. Civil Petition for Special Leave to Appeal No. 173 of 1977. (From the Order dated 3-6-77 passed by the High Cou...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......d been filed. 8. Mr. T. H. Khan, learned Counsel, appearing for the petitioner, has submitted, firstly, that the learned Judges of the High Court were not correct in setting aside the order of the trial Court by which the suit was set down for hearing only on the question of its maintainability w..Category: Civil Law | Date: | Hits: 111
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....t Abdur Rashid was obliged to feed the grant by estoppel only in proportion to his legitimate share in the property transferred by the said Kabala. 8. He does not think that the learned Counsel is right in his contention as to the applicability of the provisions of sections 43 and 47 of the Tra......vocate-on-record—For the Petitioner. Khandker Mahbubuddin Ahmed, Advocate, with Md. Shafiqur Rahman, Advocate-For Respondents No.1-6. Not Respresented—Respondents No.7-15. Civil Petition for Special Leave to Appeal No.28 of 1977. (From the Judgment and Decree dated 23-6-76 passed by......chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......1 and 2 i. e. petitioners Nos.1 and 2, .08 acre of land from the heirs of Hasan Banu by a registered Kabala dated 2-1-51 and that the plaintiff did not acquire any interest by his purchase. 4. The trial Court dismissed the plaintiff's suit on the finding that the Kabalas which were purported to b..Category: Property Law | Date: | Hits: 102
....er of a portion of the demised property shall be valid, binding or effective.
25. It is hereby further mutually agreed and settled between the parties as follows:-
(I) The lessor reserves the right to revise the rent of the demised property after period of 30 (thirty) years and to determin......vil)
Present:
Syed ABM Husain CJ
Debesh Chandra Bhattacharya J
Fazle Munim J
M H Khandker, Advocate……………………………………………Appellant
Vs.
Bangladesh (formerly Province of East Pakistan) & another..........Respondents
Judgment
July 27, 19......nt of the demised property after period of 30 (thirty) years and to determine the rent payable by the Tenant thereafter subject to an enhancement upto 12% per cent. His decision as to what is the fair rent shall be final and binding upon the parties.
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Schedule II
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3. The ......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... brother victim Abul Kalam Azad could recognize appellant Nos.1-2 and asked them as to why they were doing so. In that event appellant No.1 dealt him with a Chinese axe causing bloodily injury on his right jaw. He tried to resist the dacoits taking a shabol in his hand and could recognize one of the........... Appellants Vs. The State................................... Respondent Judgment April 20, 2011. Result: The appeal is allowed. Lawyers Involved: Afsana Begum, Advocate - for the appellants. Promila Biswas, Deputy Attorney General - for the respondent. Criminal App...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......ion Case No.13 dated 20.1.1994. The police, after investigation submitted charge sheet on 24.6.1994 against the appellants under sections 395 and 397 of the Penal Code. The case after being ready for trial, was sent to the Court of Sessions Judge, wherein it was registered as Session Case No.40 of 1..Category: Criminal Law | Date: | Hits: 103
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....ts under section 164 of the Code of Criminal Procedure and the Magistrate himself proved the said statements before the trial Court and deposed that their statements were voluntary. The learned Judge rightly passed the judgment and order of conviction and there is nothing to interfere with the same..........................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - for the appellant. Salma Rahman, Assistant Attorney General - for the respondent. Criminal App......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......he Penal Code. During investigation the police arrested many suspects including the appellants, who made statements under section 164 of the Code of Criminal Procedure. The case after being ready for trial, was sent to the Sessions Judge, Bogra, wherein it was registered as Session Case No.93 of 199..Category: Criminal Law | Date: | Hits: 105
Al-Amin Vs. State, 2011, 40 CLC (AD)
.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ......tructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Petitioner. M.K. Rahman, Additional Attorney General (appeared with the leave of the Court)—For the Respondent. Criminal Petition for Leave to Appeal No. 428 of 2010. (From the judgment and order dated 9.6.2010 passed by the Hi...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ...... Narsingdi to admit the accused petitioner on bail if he submits bail bond to his satisfaction till the submission of police report. The Chief Judicial Magistrate or the learned Sessions Judge or the trial Court, as the case may be, shall be at liberty to take the petitioner into custody if he misus..Category: Criminal Law | Date: | Hits: 96
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......e the Death Reference being No. 50 of 2005, and Jail Appeal No. 421 of 2005 have arisen out of same judgment and order dated 27-4-2005, hence the Death Reference and Jail Appeal are taken up together for disposal by this judgment. 3. Prosecution case, in short, is that, on 19-4-2000 at 5.00 AM wh......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......udgment and order and materials available in the paper books and submits that the condemned prisoner is quite innocent and he has been falsely implicated in this case out of previous enmity; that the trial Court did not apply his judicial mind in analysing the deposition of PWs and their cross exami..Category: Criminal Law | Date: | Hits: 87
.... to his submissions.
4. On going to materials on record it transpires that terms of the petitioner's lease expired at the end of Chaitra, 1415 BS, and the petitioner did not acquire any continuing right thereunder, so the notification for tender for leasing out the fishery in question on fresh te...... Third Court, Kishoreganj dismissing Miscellaneous Appeal No. 28 of 2009 and affirming those of dated 18-3-2009 passed by the learned Assistant Judge, Mithamoin, Kishoregonj, rejecting an application for temporary injunction in Other Class Suit No. 9 of 2009.
2. Material facts are that the plaint......edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......ingaon Closed Fishery within Police Station Mithamoin covering an area of 120.12 acres.
In suit, the plaintiff filed an application for temporary injunction in the above term which was rejected by trial Court and affirmed in appeal. Hence the application.
3. The learned Advocate for the petiti..
Category: Property Law | Date: | Hits: 73
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... property and, as such, the learned trial Court failed to consider the same and fell in error. He lastly submits that the defendants totally failed to prove their case as they could not establish any right and title of Yasin over the suit properly by adducing any oral or documentary evidence and, as......s Judgment August 11, 2009. Result: The appeal is allowed. Case Referred to- Firoja Mazib Vs. JB Corporation, 39 DLR (AD) 78. Lawyers Involved: Abdul Wadud Bhuiyan with SRM Lutfor Rahman Akhand, Advocate - For the Appellants. None appears - For the Respondents. Appeal f...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......y filed the partition suit to get their share of 2.161/2 acre of land partitioned by metes and bounds. 5. Defendant Nos.1-9, who are co-sharers of the suit land, filed written statement before the trial Court and prayed for a Saham of 1.971/2 decimals of land and admitted the case of the plaintif..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....red this appeal on the ground that the learned Subordinate Judge has erroneously arrived at a wrong decision in dismissing the suit and that she could not appreciate the evidence on the record in the right direction. 7. Mr. Zakir Hussain Mazumder, the learned Advocate appearing on behalf of the a......rned Subordinate Judge (Joint District Judge), Artha Rin Adalat No. 3, Dhaka, in Title Suit No. 209 of 1990 dismissing the suit. 2. The Pubali Bank as the plaintiff, filed the above mentioned suit for realisation of loan money sanctioned under a usufructury mortgage against the defendants contend......king loan in her name. But such fact cannot absolve her from paying the Bank loan taking advantage of some insignificant irregularities in the process of granting loan. 12. Considering the whole affairs and after examining the signatures of the defendant No. 1 available on record, we hold the vie......y it transpired that the deed was given to the Bank for obtaining loan. Actually they were not aware of such mortgage. However, they ultimately did not come to contest. 5. The learned Judge of the trial Court framed five issues and during the trial she recorded evidence of only one PW. The defend..Category: Civil Law | Date: | Hits: 116
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