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Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)

....ia…………………………………Appellant Vs. Md. Zakaria & others......................................Respondents Judgment January 9, 1988. Result: The Rule is made absolute. Case Referred to- Nur Ahmed Vs. Kalimuddin Ahmed, BCR 1987 (AD) 152. Lawyers Invol...... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......sing such forged document as genuine committed offence punishable under sections 467/471/109 of the Penal Code. The Hand Writing Expert also found the signatures in the bainapatra to be forged. The trial Court found the bainapatra to be forged and dismissed Title Suit No.482/84. Thereafter the lea....... Barua, Advocate - For the State. Criminal Revision Case No. 194 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka and complainant opposite party No.1 Md. Zakaria to show cause why the proceedings in petition Case N..

Category: Criminal Law | Date: | Hits: 107

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

........Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issardas, AIR 1925 Sind 342; YAJ Noorul Hai and anothers Vs. SPLKR Ka......e act of a partner which is done to carry on in the usual way, business of the kind carried on by the firm, binds the firm. The authority of a partner to bind the firm conferred by this section is called his "implied authority". (2) In the absence of any usage or custom of trade to the contrar......the partners of M/s. East Pakistan Aluminium and Iron Manufacturing Company, now Bangladesh Aluminium and Iron Manufacturing Company having office and factory at plot No.111 and 108/C, Tejgaon Industrial Area, Dhaka. In the middle of June, 1973 the defendant No.1 announced to sell out the /12/- an...... Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issar..

Category: Business or Commercial Law | Date: | Hits: 349

Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)

....le to be quashed. 7. Heard the learned Advocates and perused the record. 8. It appears that the Antiquities Act, 1968 (Act No.XIV of 1968) (hereinafter referred to as the Act) was enacted to consolidate and amend the law relating to the preservation and protection of the antiquities. 9. Th......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......e accused petitioner and Mainul Hasan under section 25B and 25D of the Special Powers Act on 29-11-1994. 3. The case record was received by the learned Senior Special Judge, Dhaka on 24-1-1995 for trial of the accused petitioner and Mainul Hasan. He took cognizance of the case under section 25B a...... Ismail………Petitioner Vs. State represented by the Deputy Commissioner, Dhaka………Opposite Party Judgment May 20, 1999. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad and Md. Joynul Abedin, Advocates — For the Petitioner. Abul Hossain Azadi, Assistant Attorney- ..

Category: Others | Date: | Hits: 159

Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)

....…………………………Petitioner Vs. Abdul Aziz and others………………………………Opposite Parties Judgment December 6 & 8, 2005. Result: The Rule is made absolute. Cases Referred to- Mac Foy Vs. United Africa Company Limited, (1962) AC 152; 4 BLC (AD......the term of the decree within the stipulated time. The opposite party No.1 filed an application to draw contempt proceeding against the Chairman, Bangladesh Telegraph and Telephone Board (hereinafter called "BTTB") and some of its Directors. The Executing Court issued a show cause notice against the......ore the Trial Court in an application filed under section 33 read with section 30 of the Arbitration Act but since the petitioner did not file any objection whatsoever under section 33 of the Act the trial Court did not commit any illegality in making the award a rule of the Court and this objection......t High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Bangladesh………………………………Petitioner Vs. Abdul Aziz and others………………………………Opposite Parties Judgment December 6 & 8, 20..

Category: Alternative Dispute Resolution | Date: | Hits: 291

Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)

.....2229/1991 are directed against the Judgment and the order dated 27.10.91 passed by the learned Sessions Judge, Feni in Sessions Case No.4 of 1990 convicting appellants Humayun, Jasim and Mintu and also appellants Abdul Gofran, Giasuddin and Abdus Sattar as if the suit has been filed afresh there an...... occurrence as stated in the First Information report. He also submits that the prosecution has failed to examine any independent or reliable witness through the place of occurrence is a market place called Ragunathpur Bazar with a large number of shops. Mr. Mujibur Rahman, learned Advocate appearin......ng the appellants, Abdullah Al‑Mamun @ Sohag (absconding accused) and Abdul Jalil under sections 302/34 of the Penal Code and another charge against them under section 148 of the Penal Code. At the trial the prosecution examined 11 witnesses and tendered 4 as against none by the defence. On consid......s Case is also Reported in: 48 DLR (HCD) (1996) 165. ..

Category: Criminal Law | Date: | Hits: 147

Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)

....u Sayeed Ahammed J Abdul Kader ……................Petitioner Vs. Abdullah and others....………………Respondents Judgment February 17, 1998. Result: The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors......uit land to the plaintiff. According to him, unless and until the provisions of section 81(b) is complied with through registration of the lease deed the lease, as claimed by the plaintiff, cannot be called a legal and valid one and the approval even if it is given and even plaintiff is in possessio......possession of the suit land. Hence the plaintiff filed Other Class Suit 50 of 1986 for declaration, as stated above. 6. Trial Court dismissed the suit. But on appeal the judgment and decree of the trial Court was set aside. The defendants then have come up with the present revision and obtained t...... is also Reported in: 51 DLR (HCD) (1999) 435. ..

Category: Property Law | Date: | Hits: 105

Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)

....on the way he was obstructed by Maniruddin and both of them started abusing each other, that being excited Maniruddin called his relations and then all of them started assaulting Sadek, that Humayun, son of Maniruddin, dealt fatal blow on the abdomen of Sadek causing grievous injury, that at this st......to the field, caught hold of the ox and started taking it to the local pound, but on the way he was obstructed by Maniruddin and both of them started abusing each other, that being excited Maniruddin called his relations and then all of them started assaulting Sadek, that Humayun, son of Maniruddin,......imately submitted charge sheet against twelve persons including Humayun under sections 148, 149, 323, 324, 326, 302, 114 of the Penal Code. Subsequently, charge sheeted accused persons were placed on trial before the Court of Sessions Judge, Faridpur, in Sessions Case No.70 of 1991. By the judgment ...... Assistant Attorney-General — For the State. Criminal Appeal No.431 of 1993. Judgment Mohammad Gholam Rabbani J.- Aleya Begum (P.W.1) came to the local Police Station on 11-6-91 at 2-15 PM and lodged the FIR stating that an ox owned by Maniruddin Matabbar entered into the jute field of he..

Category: Criminal Law | Date: | Hits: 108

Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)

....Joynul Abedin J Abdur Rahman………..........….Petitioner Vs. Sajjadur Rahman…………..……………..Opposite Party Judgment April 15, 1999. Result: The Rule is made absolute. Lawyers Involved: SK Sinha — For the Petitioner. Not Represented —For the Oppos......ner into possession. But the said predecessor-in-interest deferred to execute and register necessary sale deed on one pretext or the other and ultimately died on 24-6-1974. Thereafter, the petitioner called upon the defendant-opposite parties Nos.1 to 4 to execute and register necessary sale deed bu...... filing written statement on 20-6-86 denying that their predecessor-in-interest executed any agreement of sale in respect of the suit land. 4. On the basis of the said pleadings of the parties the trial Court framed issues and the suit was fixed for peremptory hearing when the opposite parties we......s plaintiff filed Title Suit No.164 of 1977 which was subsequently renumbered as Title Suit No.159 of 1984 on transfer. The aforesaid suit is for specific performance of contract of sale of the suit land. The petitioner has alleged in the plaint that the predecessor-in-interest of the defendant-oppo..

Category: Procedural Law | Date: | Hits: 148

Yousuf (Md.) Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others, 1997, 26 CLC (HCD)

....oke on 2-11-79 was taken to Mitford Hospital for treatment and was subsequently shifted to PG Hospital, Dhaka, where he received treatment from 30-11-79 to 11-12-1979 and was under treatment of Professor Rashiduddin Ahmed, Neuro Surgeon. The defendant also received treatment in New Delhi under Profe......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ......hardship the contract would cause to the defendant, who, because of the present state of his health, is not in a position to enlarge his business for which the contract was entered into. 3. In the trial Court the plaintiff examined four witnesses as against eight witnesses by the defendant. The l...... High Court Division (Civil) Present: Md. Abdul Karim J Md. Ali Asgar Khan J Yousuf (Md.)…….......Appellant Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents Judgment October 28, 1997. Result: The appeal is d..

Category: Property Law | Date: | Hits: 120

Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)

....ifs, now Assistant Judges passed the impugned order dated 19.5.87 under section 24 of the Code of Civil Procedure transferring the instant suit to the Court of the Assistant Judge, Kahaloo along with some other pending suits from the Court of the learned Subordinate Judge, Bogra, to the Courts of th......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......ned Subordinate Judge, Bogra have been transferred to the Courts of different Assistant Judges of different Upazilas within the district of Bogra under section 24 of the Code of Civil Procedure for trial and disposal. The above Rules are heard together and disposed of by this one judgment. 2. S...................Petitioner Vs. Ismail Hossain Akhond & others.......................Opposite Party Judgment April 27, 1989. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and ors, 38 DLR (AD) 1972; 6 DLR (FC) 56; 11 DLR (SC) 200; ..

Category: Procedural Law | Date: | Hits: 152

Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD

.... for 1 year 9 months and 75% of immovable property standing in his name or in the name of members of his family or benami of others were forfeited to the State. The said respondent No.6 suffered imprisonment for 2 years 1 month and 2 days, but the rest of the period of imprisonment was remitted by t......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......t into execution under the warrant of the Sessions Judge. Investigation of offences punishable under Martial Law Regulation or Orders shall be instituted or carried under the ordinary law and the trial after investigation shall be held by the ordinary Criminal Court in accordance with the ordina......Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, Upazilla Debhata, District Satkhira shall not be declared to have been passed without lawful authority and as to why the election of Chairman held on 10.2.88 at the said Union Parishad should not be decl..

Category: Election Law | Date: | Hits: 220

Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)

.... facts of the case are that informant OP 2 Md. Musa Gazi lodged FIR. at Bhederganj PS. On U.5.87 alleging that on 13.5.87 at the instance of accused petitioner Md. Anwar Hossain Maji, 22 accused persons named in FIR along with about 100 others came to the village of Narsinghapur all on a sudden be......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ...... accepted the charge sheet and continued the proceedings for procuring attendance of the accused persons in the Court and for sending the case with the accused person to the Court of Sessions for trial. 4. Mr. ABM Nurul Islam, the learned Advocate appearing for the petitioners submits that ......of accused petitioner Md. Anwar Hossain Maji, 22 accused persons named in FIR along with about 100 others came to the village of Narsinghapur all on a sudden being armed with various deadly weapons and started beating women inmates by entering into different houses. They took away cash money, or..

Category: Procedural Law | Date: | Hits: 127

Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)

....was that he purchased 26 sataks of land described in the schedule to the plaint from the defendant Kamaluddin by registered kabala dated 22.3.72 and has been in possession thereof since then and he also mutated his name in the recent settlement record and has been paying rents to the government. His......ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......ssion of the land in suit which was adjacent to their homestead where they grew different crops and as such the Court of appeal below was wrong in decreeing the suit reversing the judgment of the trial Court as in the DP Khatian Ext. A series the land was recorded in the name of the defendants......ners Vs. Abdul Alim……………………………..................Opposite Party Judgment December 12, 1988. Result: The Rule is discharged Cases Referred to- Ahmed Miaji and others Vs. Eakub Ali and others, 12 DLR 708; Muhammad Muzaffar Khan Vs. Muhammad Yusuf Khan, 11 ..

Category: Property Law | Date: | Hits: 95

Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)

.... was not executed and registered in normal way. There was neither any offer or acceptance of the Heba nor it was followed by delivery of possession. So there was no valid Heba. The said Hebanama is also hit by the Doctrine of 'Marzul Maut.’ The plaintiff came to know about the said Hebanama on 7.2......er suffering from blood pressure and diabetes. P.W.1 Abu Baker Sikder stated in his cross-examination: "I cannot say definitely when the blood pressure started." He said that Dr. Capt. Najimuddin was called in for treatment of his father but he cannot say for what ailment. P.W.1 Abu Baker Sikder als......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......�…Appellant Vs. Monowara Begum (Mst.)........................Respondent Judgment March 28, 1989. Result: The appeal is dismissed Cases Referred to- Miaruddin Bhuiyah alias Chand Mia Vs. Saleh Meher Bibi and others 11 DLR 445; Shamshad Ali Shah and others Vs. Syed Hassan Sha..

Category: Property Law | Date: | Hits: 152

Hafizuddin Vs. State, 1989, 18 CLC (HCD)

....d by the Sessions Judge, Gazipur in Sessions Case No.167 of 1985 convicting appellant Hafizuddin and another under section 304 Part II of the Penal Code and sentencing each of them to rigorous imprisonment for 10 years. 2. The prosecution case, in short, is that on the night following 28th Nove...... the alleged Dying Declaration after receiving such bodily injuries which caused his death. In this connection, we may remember that the victim was aged about 80/85 years and Habi doctor, who was called immediately to the place of occurrence, opined that the condition of the victim was very se......se, Police submitted a charge-sheet against the accused Kofiluddin, Hafizuddin (the present appellant) and Safaruddin for commission of offence under sections 302/34 of the Penal Code. 4. At the trial, the learned Sessions Judge framed a charge under sections 302/34 of the Penal Code against th...... Tariq, Advocate-For the Appellant. S.B. Barua, Advocate — For the State. Criminal Appeal No. 447 of 1986. Judgment Daliluddin Ahmed J.- This appeal is directed against the judgment and order dated 15.7.86 passed by the Sessions Judge, Gazipur in Sessions Case No.167 of 1985 convic..

Category: Criminal Law | Date: | Hits: 92

Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)

.... Shahidulla @ Md. Shahidulla & others........Accused-Petitioners Vs. The State………….................Opposite Party Judgment August 30, 1988. Result: The Rule is made absolute. Lawyers Involved: Lutfar Rahman Mondal, with Sajjad Ali Choudhury, Advocates—For the......he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......h the sides were caused. Both the cases after submission of the charge-sheets are still pending in the Upazila Court of Nawabganj and have not been sent to the Court of the learned Sessions Judge for trial as yet. 6. It is "stated that all the accused persons in both the cases are on bail except ......2. The facts relevant for the disposal of the Rule may be briefly stated as follows: 3. That according to the prosecution, there is a Civil litigation between the informant Shahidul, son of Haji Khandaker Ahmed Ali and accused Asheque Ali, petitioner No.3 still pending in a Civil Court in respect..

Category: Criminal Law | Date: | Hits: 74

Rajendra Nath Shaha @ Rajendra Prasad Shaha & another Vs. Md. Sonaullah Pramanik & others, 1989, 18 CLC (HCD)

....a & another..........Petitioners Vs. Md. Sonaullah Pramanik & others..................................Opposite Parties Judgment August 8, 1989. Result: The Rule is made absolute. Cases Referred to- Hardit Singh Vs. Gurmukh Singh, AIR 1928 (PC) 1; Abdul Jalil Sikdar......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 393. ......by inheritance and the authority leased out the same to defendants 4-6; that plaintiff created forged deed by false personation and never paid any consideration money to the alleged vendor. 4. The trial Court on consideration of the evidence on record dismissed the suit. Against the decree the .....................Opposite Parties Judgment August 8, 1989. Result: The Rule is made absolute. Cases Referred to- Hardit Singh Vs. Gurmukh Singh, AIR 1928 (PC) 1; Abdul Jalil Sikdar and others Vs. Khorshed Ali Dakua and ors. 27 DLR (AD) 143. Lawyers Involved: S.R. Pal with Pa..

Category: Administrative Law | Date: | Hits: 488

Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)

.... & another........................Petitioners Vs. A. Wadud Khan & others…………………………..Opposite Parties Judgment August 6, 1989. Result: The Rule is made absolute. Case Referred to- Abdur Rahman Miji and another Vs. Abdul Wadud Mia and another, 2 PLR......er 9 rule 9 of the Code of Civil Procedure, the question is whether the opposite-party Nos.1 and 2 can satisfy the Court that there was sufficient cause for their non-appearance when the suit was called on for hearing on 25.11.81. Although section 141 of the Code of Civil Procedure provides that......mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391....... Vs. A. Wadud Khan & others…………………………..Opposite Parties Judgment August 6, 1989. Result: The Rule is made absolute. Case Referred to- Abdur Rahman Miji and another Vs. Abdul Wadud Mia and another, 2 PLR 287. Lawyers Involved: A. Wadud Khan & ..

Category: Procedural Law | Date: | Hits: 107

Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)

....also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......eard by the learned Subordinate Judge, who, by his judgment dated 23.3.86, allowed the appeal, set aside the judgment and decree of the learned Munsif and sent the case back on remand for fresh trial with certain observations for impleading. Khukiran Nessa and Halima Khatun in the suit and als......posite Parties Judgment March 8, 1989. Result: The rule is made absolute. Cases Referred to- Rahim Baksha Gazi & ors. Vs. Enbar Gazi & ors, 22 DLR 500; Mohomedally Tyebally and others vs. Safiabai and others. Lawyers Involved: Hasan Foez Siddique, Advocate - For the ..

Category: Property Law | Date: | Hits: 98

Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)

....i lodged F.I.R. on 20.11.87 at Trishal P.S. alleging, inter alia, that on 20.11.87 at about Esha prayer time while he was gossiping in the shop of his cousin Md. Ansar Ali near the Trishal Bus Stand, some people came to him and told that his brother Intaz member had been killed in the Rod and Cement...... Additional District Magistrate reviving the investigation of the case is illegal has no substance. The police has validly submitted charge-sheet against the accused persons. No interference is called for by this Court. 6. In the result, the Rule is discharged. The order staying further......n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477....... of the Penal Code now pending in the Court of Upazila Magistrate, Trishal, District Mymensingh should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. In this case informant Md. Yunus Ali lodged F.I.R. on 20.11.87 at Trishal P.S. all..

Category: Procedural Law | Date: | Hits: 113

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