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Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....on who had not a fair trial or whose conÂvictions have been arrived at by non-obserÂvance of material provisions of law or by such misdirection’s as must have occasioned failure of justice, has a right to move the High Court Division in its revisional jurisÂdiction, if there is no appeal theref......another, AIR 1973 SC 799. Lawyers Involved: Aminul Huq - For the Appellants. Ahmad Sobhan, Sr. Advocate, Fazlul Karim, Advocate with him instructed by Md. Aftab Hossain, Advocate on Record - for the responÂdents. K.A. Bakr, Attorney General. A.W. Bhuiyan, Additional Attorney General &am......ivision of the revisional jurisdiction is a matter of discretion, that is the revisional jurisdiction of the High Court Division is exercised only for the purpose of relieving persons who has not got fair trial or whose convictions have been arrived at by non-observance of material provisions of the......on of the revisional jurisdiction is a matter of discretion, that is the revisional jurisdiction of the High Court Division is exercised only for the purpose of relieving persons who has not got fair trial or whose convictions have been arrived at by non-observance of material provisions of the law ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....3. The suit was contested by the GovernÂment, Respondent No.1, claiming that the disputed lands were the Khas lands of responÂdent Nos. 2 to 4, the ex-rent receivers, that Khas Mahal Officer had no right to settle the disputed lands with the appellants, that the said lands were cultivated by the b......his appeal by special leave is against a judgment of a Bench of the High Court Division allowing a First Appeal against a decree of the trial Court and dismissing the suit brought by the appelÂlants for declaration of their title and for confirmation of possession in some portion of the land in sui......manded to the trial Court for disposal in the light of the observaÂtion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218....... No.28 of 1964) Judgment Debesh Chandra Bhattacharya J.- This appeal by special leave is against a judgment of a Bench of the High Court Division allowing a First Appeal against a decree of the trial Court and dismissing the suit brought by the appelÂlants for declaration of their title and f..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....rders No.72, 135 and 137 of 1972. 2. The appellants instituted the suit beÂing Title Suit No.30 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha tenÂants and for confirmation of their po......ancy Act as amended by President's Orders No.72, 135 and 137 of 1972. 2. The appellants instituted the suit beÂing Title Suit No.30 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha tenÂ......tion otherwise than as regards matter of procedure unÂless that effect cannot be avoided withÂout doing violence to the language of the enactment. If the enactment is expressed in language which is fairly capable of either interpretation, it ought to be construed as prospective only." 27. The e......be no allegation in the plaint relating to accrual of any right of accretion at any stage, requiring the applicaÂtion of section 87 as amended by President's Order Nos. 72 and 137 of 1972 but as the trial Court held that the suit abated in view of the amended section 87, and the learned Judges of t..Category: Property Law | Date: | Hits: 133
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....iling of this petition, in brief, are that the petitioners and others instituted Other Suit No.300 of 2000 in the Court of Senior Assistant Judge, First Court, Bogra for declaration of their easement right to the suit ponds. Their case, in short, is that during the C.S. operation the suit ponds were......-For the Petitioners. Abul Kalam Mainuddin, Advocate, instructed by Nurul Islam Chowdhury, Advocate-on-Record-For Respondent Nos.1-13. Not represented- Respondent Nos.14-113. Civil Petition for Leave to Appeal No.681 of 2009. (From the judgment and order dated 15.01.2009 passed by the H...... affirming the judgment and order passed by the learned District Judge cannot sustain. 25. Admittedly the suit filed in 2000 is yet to be disposed of by the trial Court. Such being the state of affairs we do not find any point dragging the case before this Division in an interlocutory matter. Th......Khan’s case 11 M.L.A. 468. Result: The judgment and order passed by the High Court Division affirming the judgment and order passed by the learned District Judge is set aside and the order of trial Court allowing amendment is restored. Lawyers Involved: Shaheed Alam, Advocate, instruct..Category: Procedural Law | Date: | Hits: 100
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......d not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case were stayed. 3. The facts relevant for the purpose of disposal of the Rule are that......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......f any, at the time of taking cognizance as well as framing of charge, when it would be possible to examine investigation materials available in the case dockets. When there are stages open before the trial Court to consider the grounds taken, the application for quashment of the proceeding, being an..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....ring the future of the children she executed and registered the gift deed No.6511 dated 29-11-2001 in favour of the defendant. But on the date of execution and registration of deed of gift she had no right and title to transfer the suit land. But without taking any permission from his first wife pla......out of same Judgment let both the Rules be disposed of by this single Judgment. 3. The petitioner here as plaintiff filed Title Suit No.63 of 2003 in the Court of Assistant Judge, Feni Sadar, Feni for declaration that the gift deed No. 6457 dated 25-11-2001 registered with Feni Sadar Sub-registry......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......the Title Suit No.29 of 2003 and 8 of 2004 tried by the Senior Assistant Judge, Parshuram, Feni and heard analogously and disposed of by a single Judgment dated 20-10-2004. 9. During the course of trial the learned Senior Assistant Judge, Parshuram, Feni after examining the evidence on record and..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......led seeking quashment of the proceedings of Metropolitan Sessions Case No.793 of 2008 under section 138 of the Negotiable Instruments Act, 1881, arising out of CR Case No.1 309 of 2007, now pending before the Court of Joint Metropolitan Sessions Judge, Court No.5, Dhaka. 2. The case of the compla......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......etropolitan Session Judge, Dhaka wherein it has been registered as Sessions Case No.790 of 2008 and the case was ultimately sent to the learned Joint Metropolitan Sessions Judge, 5th Court, Dhaka for trial. 5. The said transferee Court has framed a charge against the accused-petitioner under sect..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......1 of 1998 convicting the appellant Khalil @ Md. Khalilur Rahman, Moazzem Hossain and Nurul Islam and others under section 395 of the Penal Code sentencing each of them to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 3(th......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......lable on record framed charge against the accused persons under sections 395/412 of the Penal Code and read it over to the accuseds present in open Court to which they pleaded not guilty and demanded trial. 6. The prosecution examined 14 witnesses who are cross-examined by the defence. 7. Afte..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ay take any pleas including inconsistent pleas and for such inconsistent pleas, the defence case will not be affected. Even if both such pleas are rejected by Court as not established, still he has a right to acquittal if the prosecution evidence is not sufficient to prove his guilt beyond reasonabl......abna PS Case No.9(5)92 corresponding to GR Case No.130 of 1992 convicting the accused appellants under sections 302/34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000 (five thousand) each and in default to suffer rigorous......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......persons. 5. After filing of the charge sheet against the accused, the case record was sent to the learned Sessions Judge, Pabna who transferred the same to the Additional Sessions Judge, Pabna for trial. 6. The learned Additional Sessions Judge, Pabna on the basis of material available on reco..Category: Criminal Law | Date: | Hits: 66
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......der J. - This appeal by the plaintiffs, directed against Judgment and Decree dated 19-6-2007 passed by the learned Joint District Judge, Arbitration Adalat, Dhaka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants who are plaintiffs, stated in the plaint, tha......and there was a family quarrel over this matter and at one stage, the younger brothÂer of defendant No.2 shot the wife of defendant No.2 and killed her on the spot. While Kazi Golam Hussain was in affairs with Mansur Rahman, to grab the property of these defendants, managed to obtain a deed of agre......aka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants who are plaintiffs, stated in the plaint, that RAJUK plot No.12, Factory Road, Shyarnpur Kadamtali Industrial Area, allotted in defendant No.1, a private limited company under Companies Act vide memo date..Category: Property Law | Date: | Hits: 78
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......osive Substance Act, 1908 framing charge against the appellant under section 3 of the said Act. 2. The prosecution case, in short, is that, on 17‑1‑2003 at 19.30 hours one Shah Alam Molla as informant lodged the first information report with Muladi PS against 9 accused persons including the a......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......the appellant and 3/4 unknown terrorists, alleging, inter alia, that GR Case No. 24, 25 and 02 filed by him previously against the co-accused for dealing blows causing grave injuries were pending for trial. After pressure put on him (informant) to withdraw those cases proved unsuccessful the accused..Category: Criminal Law | Date: | Hits: 64
Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
.... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622.......No. 411 of 2001, should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. Heard both sides at length and perused the record so placed before us. 3. Mr. Abdul Baset Majumder, the learned Advocate for the petitioners, submits that as m...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622.......ses the Rule contending, inter alia, that one of the petitioners, namely, Tareq Shamsul Khan alias Himu only moved as application under section 344 of the Code of Criminal Procedure before the teamed trial Court, but other accusedÂ-petitioners in joint petition moved this criminal revision which pr..Category: Criminal Law | Date: | Hits: 71
Wazir Jahan Begum and another Vs. Government of BanglaÂdesh and others, 2003, 32 CLC (HCD)
....a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621.......such other or further order or orders as to this Court may seem fit and proper. 2. Heard the Learned Advocates and perused the application. Mr. Md. Tofazzal Hossain, the learned Advocate appearing for the petitioners, submits that the order of transferring the Miscellaneous Case No. 89 of 1987 pe......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621.......vocate appearing for the respondents, submits that in view of the power given in section 27 sub‑section 7(D), the District Judge can transfer the case to the Artha Rin Adalat or any other Court for trial. 3. On perusal of the President's Order 7 of 1973 it appears that the District Judge has be..Category: Civil Law | Date: | Hits: 81
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....presence of the complainant was essential on that date to proceed with the case or it would be dispensed with on scrutiny, it transpired that the complainant was different in proceeding with the case right from date of filing of the case. Court must consider whether the personal attendance of the co......ctions 467/109, Penal Code and acquitting the accused under section 247 of the Code of Criminal Procedure due to absence of the complainant-appellant in the Court on that date. 2. Learned Advocate for the appellant shows from the record that CR Case No. 3 of 1984 was earlier tried and upon eviden......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......Appeal No. 32 of 1989 which was heard and allowed by Additional Sessions Judge, Noakhali vide judgment dated 16-Â1‑1994 setting aside the earlier order of conviction and sent the case record for retrial with direction to amend the charge by adding section 109 PC with section 467 PC and for furthe..Category: Procedural Law | Date: | Hits: 73
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......2 of 2002, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution case, as has been initiated upon lodging a first information report (FIR) on 14-10-2002 by the informant P.W.1 Md. Jamiruddin, as Sub-Inspector of Poli......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......ase and having found a prima facie case submitted charge sheet No.403 dated 1-10-2003 under section 19A of the Arms Act, 1878 against the convict petitioner. 4. Thereafter the case being ready for trial the same was transferred to the Court of Special Tribunal No.1, Dinajpur, for trial, wherein i..Category: Criminal Law | Date: | Hits: 65
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:  ......l No.69 of 1982 dismissing the same on affirming those dated 11.5.1982 of the Subordinate Judge (now Joint District Judge), Second Court, Khulna passed in Title Suit No.319 of 1981 decreeing the suit for specific performance of contract. 2. Plaintiff’s case, in brief, is that defendant No.1, Mo......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:  ......als) during pendency of the suit and was added as defendant No.4. After so addition, he (added defendant) filed a written statement, but did not contest the suit. 5. On the aforesaid pleadings the trial Court framed issues, namely, whether the suit was maintainable in its present form; whether th..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... of the death of Mirza Monwar Hossain. The evidence of P.Ws.1, 5 and 9 clearly proved the case against him to the effect that the shortage took place during his tenure as well. The appellant has been rightly convicted and sentenced. 9. For better appreciation of fact, let us examine the evidence.......23 of 2001 convicting the appellant under section 409 of the Penal Code read with section 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to suffer rigorous imprisonment for five years with a fine of Taka 11,53,364/- in default to suffer rigorous imprisonment for anothe...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ge sheet on 27.7.1996 against the appellant and twenty others under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act. 4. The case after being ready for trial, was sent to the Senior Special Judge, Habiganj and was registered as Special Case No.7 of 199..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......order dated 26.8.1990 passed by the Additional Sessions Judge, Jhenaidah convicting the appellant under sections 302/34 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka five thousand in default to suffer imprisonment for one year more. The ......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......ation the police arrested the appellant and he made statement under section 164 of the Code of Criminal Procedure before the Magistrate of first class, Jhenaidah. 4. The case after being ready for trial, was sent to the Sessions Judge, Jhenaidah, wherein it was registered as Session Case No.15 of..Category: Criminal Law | Date: | Hits: 74
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ........ Respondents Judgment December 8, 1982. Result: The appeal is dismissed. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate on Record - for the Appellants. H.R. Sharif, advocate, Supreme Court, instructed by Syed Sakhawat Ali, Advoca...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......arbitration agreement in Court since a dispute arose beÂtween the parties about the subject-matter of the suit which was also covered by the Arbitration Clause of a Contract between the parties. The trial court stayed the proceeÂdings, but in revision the learned Single Judge held that the provisi..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
..... 73 of 1961 reversing the decision of the Munsif, First Court, Bogra in Title Suit No 317 of 1959 The question Involved in this apÂpeal is whether the defendants held the suit property in occupancy right which is protecÂted or it is an under tenure holding. If it is found that the suit land apper......ust fail, because, occupancy holding being a protected interest, it could not be annulled at the instance of the auction purÂchaser of the touzi in revenue sale. 2. The plaintiff brought the suit for decÂlaration of his title to and recovery of khas possession in the suit land by evicting the d......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......™s father in respect of .43 acres of land purchased by him as a rent sale and suit was filed for declaration of his title and partition of the same plaintiff’s father got a decree in that suit. The trial Court in consideration of the evidence led by the parties and referring to the recitals in the..Category: Property Law | Date: | Hits: 58
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