Judgment : High Court Division Full List
 
Case Type
Case/Tender Number
Year
Parties
Short Description
 

Case Number Parties Short Description
551
Dr. Rajib Kumar Goswami and another -Vs- Md. Al Mamun Kha
The foundation for the exercise of the power under this rule is the fulfilment of the two requirements of rule 21 of Order 11 of the Code. The first is the failure of the interrogated party to comply with any order to answer the interrogatory, and the second is the interrogatoring party applying to the court to impose the penalty.
552
Mojibul Hoque vs the state and another
553
Anwar Hosssain vs the state and another
554
Md. Ashraf Ali Khan, son of late Abdul Latif and another.-Vs-Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Dhaka, Collectorate Bhaban, Police Station- Kotwali, District- Dhaka and others.
Dismissed
555
Md. Fokruzzaman Topu vs the state
556
Md. Bashir Ahmed Versus Nasima Akter and Others
557
Badiul Alam Dobash being dead, his heir: 1(a)-Wahedul Alam Dobash -Vs- Jarina Khatun being dead, her heirs: 1(a) Lutfunnessa and others
The provision of section 50 of the Waqfs Ordinance, 1962, in an unambiguous term, vested authority upon the Administrator of Waqfs to decide title and ownership of a property to be waqf property like an ordinary civil court with the help of evidence or other materials on record while releasing the same from the waqf estate but without doing so, the Administrator of Waqfs undersigned by the Deputy Administrator in a very cursory refused to entertain the application of the respondent.
558
Md. Haidar Kamal and others Vs. Md. Fariduddin and others
559
560
Md. Jamal Uddin Vs. Most. Tahmina Akhter and others
561
Abdul Barek, son of late Abdul Hamid of village- Sataish, Police Station- Tongi, District- Gazipur.-Vs-Md. Abdul Kadir and others.
Allowed
562
Begum Khaleda Zia VS The state
Rule absolute
563
Begum Khaleda Zia VS The state
Rule absolute
564
Md. Nader Ali Vs. The State and another
565
Md. Abdul Hannan Vs. S.M. Nazmul Huq and another
566
Md. Rafique Ahmed -Versus- The State and another
567
Md. Moazzem Hossain Howlader Vs. The state and another.
Allowed on remand
568
Mosammat Morjina Begum and others Vs. Haji Md. Fazlul Haque Matbor alias Fazal Meah and others.
Absolute.
569
Md. Amir Hossain -Versus- The State and another
570
Mohammad Nurul Azim -Versus- The State and another
571
Sree Makhan Lal Bhowmik being dead his heirs- Manik Chandra Ghosh Vs. Enayatullah and others
572
Abdul Motaleb Sardar and another Vs. Md. Jahangir Hossain Howlader and others
573
Afizuddin being dead, his legal heirs: Akter Hossain and others. -Vs- Md. Abdul Haque and others.
Simple suit for declaration that the Judgment and decree dated 06.08.1970 passed in Other Class Suit No. 317 of 1969 is null and void without making a further prayer for declaration of title and confirmation of possession is not maintainable. In a suit for cancellation of a decree passed by a competent court, it is incumbent upon the plaintiff to prove by cogent evidence the decree was obtained by fraud practicing. According to Section 90 of the Evidence Act, it is the duty of the plaintiffs to prove that the defendants have created forged documents and procured the Judgment and decree dated 06.08.1970 in Other Class Suit No.317 of 1969 collusively and fraudulently though the documents were more than 30 years old.
574
Abdur Rashid Bepary being dead his legal heirs; 1(a) Jahanara Begum and others Vs. Abdul Ohab Khan being dead his legal heirs 1. (Ka) Md. Shajahan Khan and others
If a property is sold subject to an option of repurchase within a stipulated time, the agreement to reconvey may be specifically enforced if the vendor exercises his option within the stipulated time. A sale with a condition of repurchase can be carefully distinguished from a mortgage by conditional sale. Right to repurchase is lost if it is not exercised within the stipulated time. Where in a deed of sale, an option of repurchase is given to the vendor within a stipulated time with further stipulation that on failure to exercise the option or to fulfill the terms thereof within the stipulated time the agreement for resale would stand canceled, the option of repurchase is in the nature of a concession or privilege which is available only if the condition is strictly complied with.

The facts and circumstances of this case clearly reveals that the transactions were not mortgages but out and out sales with an agreement to reconvey within five years from 07.08.1961 which were not alive and subsisting on the date of promulgation of President’s Order 88 of 1972, i.e. on 03.08.1972 and accordingly, the ratio settled in 1 BLC (AD) 90 is applicable in this case and the case reported in 24 BLC (AD) 4 cannot help the plaintiff-petitioners. Accordingly, the plaintiffs have no legal right and locus-standi to institute the present suit for declaration of title to and redemption of the suit land.


The principles of law deduced by our Apex Court is very clear that the trial Court would insist imperatively on examining the party at the first hearing so that bogus litigation can be shot down at the earliest stage and if the ultimate result of the suit is as clear as daylight such a suit should be properly buried at its inception so that no further time is consumed in a fruitless litigation. If the plaintiff does not have any legal character/interest in the suit property, in such a situation, the plaint can be rejected by resorting to the provision of section 151 of the Code of Civil Procedure.
577
Shah Azizur Rahman and other Vs. Saleha Parvin and others
Appeal is disposed of.
578
Md. Alamgir Kabir -Versus- Sohaiba Akter Subarna
Disposed of
579
Abdul Khaleque and others Vs. Lotimon Bewa being dead her legal heirs: Tofazzal Hossain and others.
Discharged as being infructuous
580
M/S. Rubeda Trading Vs. U M Cables limited, represented it it`s CEO and CFO 1/1/3, Chainchpada, Silvassa-396230(U.T. OF D.
581
Md. Alauddin Dhali and others. Vs. Md. Sadek Ali and others.
Absolute.
582
M/S. Haji Ship Breaking Industries Vs. Member-Secretary NBR and others.
Disposed of
583
M. Moazzem Hossain Vs. Mr. Rabiul Hasan and others.
Discharged
584
Continental Homes Ltd. and another Vs. Md. Abul Hasem and others.
Disposed of
585
Mobarak Ali Howlader and others. Vs. Abdul Aziz Howlader and others.
Disposed of
586
Begum Khaleda Zia VS The State
Rule absolute
587
Begum Khaleda Zia VS The State
Rule absolute
588
Begum Khaleda Zia VS The State
Rule absolute
589
Begum Khaleda Zia VS The State
Rule absolute
590
Begum Khaleda Zia VS The State
Rule absolute
591
Begum Khaleda Zia VS The State
Rule absolute
592
Babul Bhuiyan being dead his legal heirs Tamanna Begum and others Vs. Md. Didar Mulla and others
Rule is discharged.
593
Begum Khaleda Zia VS The State
Rule absolute
594
Zafar Ahmed Chowdhury Vs. Bangladesh represented by the Secretary, Ministry of Information
Appeal is dismissed
595
Begum Khaleda Zia VS The State
Absolute
596
Md. Nasib Ali and others Vs. The State
597
Rajkumar Paul -Vs- Pachibala Paul being dead, his legal heirs: Santosh Kumar Paul and others.
Since the suit deed is a registered document, it is a strong presumption that the alleged deed is a genuine instrument. The findings for cancellation of the deed are beyond the pleading and the materials on record, which is not at all sustainable in the eye of the law. So, the appellate court below, without considering the plaint, decreed the suit, which is barred under Order VI Rule 7 of the Code of Civil Procedure.
598
Md. Nurul Islam and others Vs. Md. Afzal Hossain being dead his heirs- Most. Atia Begum and others
599
Babul Ghosh Vs. The State and another
600
Babul Ghosh Vs. The State and another
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