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Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)

....rection of a bonafide mistake and nothing new has been done by this notification. 8. By a supplementary affidavit-in-opposition on behalf of the respondent No.1 filed for further clarification for complete adjudication of the matter and stated therein that after requisition and payment of compens......Court High Court Division (Special Original Jurisdiction) Present: Mahfuzur Rahman J MA Aziz J Nurjahan Begum……........Petitioner Vs. Government of the Peoples Republic of and others..............Respondents Judgment May 19, 1998. Case Referred To- Md. Shoai......d to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties were directed to maintain status-quo in respect of possession of the property. 3. The short facts relevant are that CS Plot No.1009 measuring an area of 0.60 acre of ......f a bonafide mistake and nothing new has been done by this notification. 8. By a supplementary affidavit-in-opposition on behalf of the respondent No.1 filed for further clarification for complete adjudication of the matter and stated therein that after requisition and payment of compensation pos..

Category: Property Law | Date: | Hits: 156

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

.... permissible, consequential and necessary to meet the case set up in the amended plaint. 8. The defendant cannot have unfettered right to change the written statement in toto or substitute it by a completely new written statement. Although the provisions of Order 6 rule 17 may not strictly govern......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......7-10-1989 with a prayer for accepting the additional written statement on the ground that the Advocate concerned was an old man and because of misplacement of relevant papers he could not draw up the proper written statement necessitating them to file an additional written statement in Court. The tr......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420...

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)

....the plaintiff to sell the suit property, the consideration being fixed at Taka 12,00,000.00 and the agreement was executed on 30-7-79 when taka one lac was paid as earnest money and it was decided to complete the sale transaction on or before 31st December, 1979, but the defendant having suffered a ...... 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......e deceased) which is a residential house in Dhanmondi residential area (Road 15A) in the city of Dhaka, belonged to defendant No.1 Md. Yousuf, who, being in urgent need of money, proposed to sell the property to the plaintiff for a sum of Taka 12,00,000.00 and accordingly, an agreement was executed ......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. ..

Category: Property Law | Date: | Hits: 120

Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)

.... jurisdiction in enter­taining the application of respondent No.4 dated 17.7.88. Consequently the order dated 18.8.88 (Annexure I) passed by the Commission and all steps taken thereunder suffer from complete lack of juris­diction. Mr. Ahmed calls in aid the decision of the Appellate Division in Ci...... Vs. Election Commission & others..........................................Respondents Judgment May 2, 1989. Result: The Rule is made absolute. Case Referred to- Kanta Devi and another Vs. State of Rajasthan and others, AIR 1957 Rajasthan 134. Lawyers Involved: Syed ......impleaded only one contesting candidate but has failed to implead 4 other candidates including himself. It is his case that polls at Chapair High School centre in ward No.3 was never held legally and properly on 10.2.88 and it was marred by violence and disturbance created by the petitioner and his ......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486...

Category: Election Law | Date: | Hits: 216

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

....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. ......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...... investigation for an indefinite period or may initially pass an order for further in­vestigation into the offence for a limited period and may extend the same from time to time as he thinks fit and proper in the facts and circumstances of the case. The legislature has not put any limitation on thi......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. ..

Category: Procedural Law | Date: | Hits: 127

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

....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.......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 ......n was only a co-sharer in the disputed land, the lower ap­pellate Court illegally decreed the suit as a whole. The learned Advocate for the petitioners further sub­mitted that the land being ejmali property and other co-sharers being in possession jointly with the plaintiff-opposite party the decr......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...

Category: Property Law | Date: | Hits: 95

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

....ied, by or on behalf of the donee, and (3) delivery of pos­session of the subject of the gift by the donor to the donee as mentioned in sec. 150. If these con­ditions are complied with, the gift is complete." 11. From the language of the aforesaid section it is clear that acceptance of gift may......…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......on of imminent death. Taking advantage of his ailments, his third wife i.e. defendant No.1 Mst. Monowara Begum, by exercising undue influence, obtained a collusive Hebanama in respect of the schedule property from her husband Abdur Rahman Sikder. The said hebanama was executed on 1.11.67 and registe......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. ..

Category: Property Law | Date: | Hits: 152

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

....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ...... 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......doing the func­tion of a First Class Magistrate. He has stated that he put the relevant questions to the accused persons, but as he was busy with works of Upazila, he could not record the statements properly and recorded the same merely in his own language. There is nothing to show that he gave pro......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..

Category: Criminal Law | Date: | Hits: 92

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

....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.......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......s that there was a 'Maramari' or free fight between the parties on the disputed land and the accused-petitioners have been in jail custody for more than 9 months and the case has not been sent to the proper Court for trial as yet and that both the sides have instituted cases, against each other on t......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...

Category: Criminal Law | Date: | Hits: 74

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

....uddenly attacked Intaz member in the shop of Joynal Miah and killed him by giving blows by dao and went away towards the south. Police started investigation into the case. As the police was unable to complete the investigation within the peri­od of 60 days plus extended period of 30 days as con­te...... 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......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. allegin......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...

Category: Procedural Law | Date: | Hits: 113

Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)

....to an injunc­tion unless it was proved that violation of law had occasioned damages which would not other­wise be redressed." I am in respectful agreement with observations as above which are in complete accord with the view I have taken hereinbefore. 15. As to the question of specific damag......Advocate - For the Opposite Party. Civil Revision No.636 of 1986. Judgment Anwarul Hoque Chowdhury J. - The Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the judgment and order dated 6.8.86 passed by the learned Subordinate Judge,......tance in this Rule, which is accordingly discharged, with­out any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......tance in this Rule, which is accordingly discharged, with­out any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474...

Category: Civil Law | Date: | Hits: 178

Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)

....d with a malafide motive since nowhere in the order has it been stated that Mr. Oli Ahad was represented by his daughter, Barrister Rumeen Farhana, who was present before the Board. (iv) The Board completely ignored the fact that the DM categorically stated that the Declaration for Ittehad still ......n……………………Petitioner Vs. Press Appellate Board, represented by it’s Chairman, Mr. Justice B.K. Das, Bangladesh Press Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka and others…………………Respondents Judgment November 23, 2011. Result: The Rule......l within 60 (sixty) days under Section 12(4) of the Press and Publications (Declaration and Registration) Act, 1973 and/or pass such other or further order or orders as to this Court may seem fit and proper”. 2. Averments figured in the petition are summarized below: After obtaining defini......man, Additional Attorney General with A.B.M. Altaf Hossain, Deputy Attorney General - For the Respondents. Writ Petition No.7078 of 2011. Judgment AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 08.08.2011 was in following terms: “Let a Rule Nisi be issued calling u..

Category: Others | Date: | Hits: 171

Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)

....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......us J Md. Shah Alam…………………Appellant Vs. The State……………………Respondent Judgment March 24, 2011. Result: The criminal appeal is dismissed with alteration and modification. Cases Referred to- Mobarak Hossain Vs. State, 33 DLR 274; 45 DLR 16; Swapon ......s in the custody of the accused on the night of occurrence. Naturally the accused is to explain how the death was caused. Except by giving a suggestion that the victim committed suicide, there was no proper explanation from the side of the accused as to how his wife met her death. We have carefully ......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 114

Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)

....missal of the respondent No.2 is modi­fied to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudur Amin Choudhury J Adamjee Jute Mills Ltd...................Petitioner Vs. The Chairman, Third Labour Court, and another........Respondents Judgment October 24, 1989. Result: The Rule is made absol......he charge. Thereafter he was asked to appear in person before an enquiry committee on 12.11.83. Accordingly he appeared before the enquiry commit­tee with his witnesses but their statements were not properly recorded nor read over to them. The witness­es for the employer were not examined in his p......missal of the respondent No.2 is modi­fied to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ..

Category: Labour and Industrial Law | Date: | Hits: 160

Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)

....tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......e Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Badruzzaman J Rahmania Agencies Ltd. 113/A, Tejgaon In­dustrial Area, Tejgaon, Dhaka and another......................................Petitioners Vs. Bangladesh and others..............was given to the petitioner and the petitioner fulfilled the terms of the lease deed in full, a vested right in the land was accrued for the peti­tioner which cannot be taken away without giving any proper and legal notice upon the petitioner. 10. An affidavit-in-opposition has been filed by the......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ..

Category: Property Law | Date: | Hits: 115

Ashraf Miah (Md.) Vs. State, 2003, 32 CLC (HCD)

....se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ......chpara in Plot No.747 for a consideration of Taka 29,74,000. In pursuance of this contract, possession of the building was made over to him after receipt of an amount of Taka 12,74,000 with an understanding that the remaining balance amount of Taka 17,00,000 would be paid to the House Building Finan...... the dispute arose out of an agreement to purchase 4-­storied building and since the accused petitioner as per contract did not execute and register a transfer kabala in favour of the informant, the proper remedy in such a case lies in filing a suit in the Civil Court and not a criminal proceeding ......se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ..

Category: Criminal Law | Date: | Hits: 99

Abdul Majid Vs. State, 2003, 32 CLC (HCD)

....ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......neral with Md. Iqbal Kabir, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2432 of 2000. Judgment Salma Masud Choudhury J.—This appeal is directed against the judgment and order of conviction and sentence dated 8‑8‑2000 by the Sessions Judge, Nilphamari in Session......orated each other as to taking away of victim in a van on the date concerned by accused appellant towards bazar. 17. He also submits that the delay in lodging the complaint petition was explainted properly in the petition itself. He also submits that when the GD was filed by the informant it did ......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486...

Category: Criminal Law | Date: | Hits: 112

Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)

....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......Parties Judgment July 27, 1995. Result: The Rule is discharged. Cases Referred to- Ranjit Kumar Rakshit Vs. Sudhir Kumer Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Province and others, AIR 1958 (Punjab) 351;27 DLR,423; Md. Ibrahim Vs. Md. Alauddin and others; Nurul Islam V......e of Md. Ibrahim Vs. Md. Alauddin and others, wherein it has been held by his Lordship as follows: "In determination of question of facts the parties should not be allowed to lead evidence without proper pleadings. It is no longer a mere technicality that material facts should be specifically ple......eported in 37 DLR (AD) 32 wherein their Lordships of the Appellate Division have held- "'The power conferred by Order 18 rule 17 CPC is an enabling power and very wide power had been conferred for adjudication of the dispute and this power is only available for giving justice, inasmuch as the ena..

Category: Property Law | Date: | Hits: 126

Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)

....se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......1996) 211. ......ondent No.3 as plaintiff on 11.7.85 instituted a suit in the Court of the 3rd Court of the subordinate Judge, Dhaka against the present defendant petitioner and others for declaration that the suit‑property described in the schedule of the plaint belongs to the plaintiff but the same was illegally......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ..

Category: Limitation Law | Date: | Hits: 211

Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)

.... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208.......t January 15, 1995. Result: The OC Appeal No.125 of 1986 are set aside. The OC Suit No.492 of 1981 is dismissed. Cases Referred to- Md. Naimuddin Sarder Vs. Md. Abdul Kalam Biswas and another, 39 DLR (AD) 237 and Bangladesh Vs. Israil Ali and others, 1981 BLD (AD) 371. Lawyer......he suit is hopelessly barred by limitation, that the landlord Mohargja Shashi Kanta Achaijya Bahadur of Mymensingh being 16 annas owner settled the suit land in favour of the petitioner in 1347 BS on proper Nam Salami and since then she has being owning and possessing the same in her own right and a...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...

Category: Limitation Law | Date: | Hits: 239