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Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....he has not picked and chosen particular plots out of these three holdings. He has sought to pre‑empt all the plots sold by the pre‑empted kabala in the three holdings. Mr. Haider submits that the right to pre‑empt is a right which accrues holding‑wise. A co‑sharer has the option to leave o...... BS. He filed the Misc. Case on 17‑12‑74. The learned Munsif held on the basis of the evidence on record that the pre‑emptor petitioner has been able to prove that he did not know of the sale before 27‑8‑74. Hence the Misc. Case is not barred by limitation. 4. The learned District Judge......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276...Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....2/114 and all the 9 accused under section 447 of the Penal Code. 15. Regarding the Plea of private defence, the learned State lawyer very emphatically argued that the defence nowhere suggested any right of private defence as from the defence side the only plea that was suggested was that a suit f......cused‑appellants have jointly preferred this appeal against the order of conviction and sentence passed against them by Sessions Judge, Mymensingh. 2. The prosecution case as was stated by the informant PW 1 Abdul Latif is as follows: On 20.11.86 the informant along with 6 or 7 others includ......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......ifting of all the evidence the same have been accepted only to the extent that the killing of Shamsul Huq by accused Dilip and Mostafa had been proved beyond reasonable doubt. That is why the learned trial Judge after giving benefit of doubt to accused Mofiz and Afaz held only accused Dilip and Most..Category: Criminal Law | Date: | Hits: 61
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......gment and decree dated 27.5.84 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 952 of 1981 decreeing the suit in favour of the plaintiff.
2. The defendants are the appellants before this Court. The plaintiff‑respondent, a limited company, instituted the aforesaid title suit ......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......ery was an abandoned property and the same vested in the government under the relevant law. As per disinvestment policy, the government by a tender notice issued on 13.11.77 desired to sell this industrial unit "M/s. Ferdous Tannery" along with other properties. The Tender of the plaintiff being hig..
Category: Property Law | Date: | Hits: 73
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....ogether with the confessional statement Ext. 1 we, therefore, find that the prosecution has been able to prove the charge against the condemned prisoner beyond all reasonable doubt and so he has been rightly convicted. 23. An argument was made on behalf of the condemned prisoner that the offence ......ference Case No. 3 of 1988 Judgment Bimalendu Bikash Roy Choudhury J. - This reference has been made by the learned Sessions Judge, Bakerganj under section 374 of the Code of Criminal Procedure for confirmation of the sentence of death passed on accused Kalu Bepari under section 302 of the Pen......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......completion of the investigation the said Inspector of Police submitted charge sheet under section 302 of the Penal Code against the condemned prisoner. The condemned prisoner was eventually placed on trial before the learned Sessions Judge, Bakerganj. He however escaped from police custody on 3.6.86..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......Advocate ‑ For the Petitioner. Md. Sajjad Ali Chowdhury, Assistant Attorney General ‑ For the State. Courts Order No. 1 of 1990 Judgment Muhammad Ansar Ali J. - This is an application for condonation of delay in filing a Criminal appeal under section 30 of the Special Powers Act. ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......ously the appeal was barred by limitation. Their Lordships on perusal of the Judgment of the Trial Court and the record of the case were satisfied that there was serious miscarriage of justice in the trial. 7. Hence in exercise of their jurisdiction under section 439 of the Code of Criminal Proce..Category: Criminal Law | Date: | Hits: 70
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245....... and sentence passed by Upazila Magistrate, Tangibari Upazi1a in GR case No. 59 of 1986 convicting the accused petitioners under section 379 of the Penal Code and sentencing each of them to suffer RI for 7 (seven) months. 2. The prosecution case, in short, is that a hut Standing on plot No. 384 o......titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245.......ficer submitted his report after holding enquiry. Thereafter charge sheet was submitted against the petitioners under sections 143/447/379 of the Penal Code. 3. The accused petitioners stood their trial before the Magistrate who framed charge against the accused petitioners under section 379 of t..Category: Criminal Law | Date: | Hits: 66
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....ion 448 of the Penal Code for which he has already been convicted and punished. It is not a case where the complainant opposite party is entitled to maintain possession of the disputed property as of right. He could maintain possession until such time as he was evicted in due course of law. In such ...... 1987 by the Sessions Judge, Dhaka affirming the conviction under section 448 of the Penal Code but modifying the sentence to a fine of Taka 1,000.00 only, in default, to suffer rigorous imprisonment for three months from a fine of Taka 10,000.00 only and in default, to suffer rigorous imprisonment ......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..Category: Criminal Law | Date: | Hits: 59
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....ucted area falls in the saham of another co‑sharer, the possession thereof shall be given to the allottee by demolition of the constructions. In view of the above, the learned Subordinate Judge has rightly rejected the application." 8. Mr. Md. Abdur Razzaque Miah, the learned Advocate further s......be set aside. 2. Plaintiffs are the petitioners in this application. It is their case that they filed a suit being title Suit No. 35 of 1986 in the Court of the learned Subordinate Judge, Faridpur for partitioning the suit land. The plaintiffs after filing the suit filed an application under Orde......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226...Category: Property Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....and documentary evidence in support of his finding. The object of Rule 31 of Order 41 of the CPC is to see that a judge does not act callously or even mechanically. Its purpose is to put the judge on right track so that he acts judicially. It enables the High Court to Judge whether Court of 1st appe......it No. 590 of 1981. 2. Facts giving rise to this Rule may briefly be stated thus: Petitioners as plaintiffs instituted the suit in the 1st Court of Munsif, Tangail being OC suit No. 590 of 1981 for declaration of title to the suit land contending inter alia that 4 sons of Saraiat Ullah were th......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221...Category: Property Law | Date: | Hits: 60
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the petition, that the accused petitioner who has attended the Trial and heard the prosecution witnesses and the defence witnesses deposing in Court and who has observed the demeanour of Tribunal had rightly and surely apprehended that he will not get proper justice from that court which is more inc...... For the State. Criminal Miscellaneous Case No. 356 of 1991. Judgment Anwarul Hoque Choudhury J. - This Rule arises out of an application under section 526 of the Code of Criminal Procedure for transfer of Special Tribunal Case No. 60 of 1991 now pending in the Court of Senior Special Trib....... 60 of 1991 now pending in the Court of Senior Special Tribunal No. 1, Dhaka on the grounds, inter alia, that there arose a reasonable apprehension in the mind of the accused that he would not get a fair and impartial trial from that Tribunal stating the grounds for such apprehension in the applica......nding in the Court of Senior Special Tribunal No. 1, Dhaka on the grounds, inter alia, that there arose a reasonable apprehension in the mind of the accused that he would not get a fair and impartial trial from that Tribunal stating the grounds for such apprehension in the application which ground n..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....rocured an outdoor Police Hospital ticket and deleting the name of one Abu Miah inserted the name of Arun showing that he was treated there at Police Hospital on 22.10.86 although no civilian had the right to be treated there other than the Police. This Ext. 'kha' outdoor hospital ticket from the po...... 1987 and 188 of 1987 convicting all the accused‑appellants under sections 304, Part 11/34 of the Penal Code and also to pay a fine of Tk. 5,000/‑ each, in default to suffer rigorous imprisonment for one year more. A case being UD Case No. 10 of 1986 was Started on the death of one Shafiqul Isla......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......itan Magistrate caused an investigation through a Magistrate and started the case against the aforesaid five accused‑appellants under sections 304/34. The aforesaid two cases were heard in a single trial by the learned District and Sessions Judge, Dhaka and disposed of by his judgment and order da..Category: Criminal Law | Date: | Hits: 87
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......ioner. Not represented‑ the Petitioner‑Opposite Party. Civil Revision No. 485 of 1987. Judgment DM Ansaruddin Ahmed J.- This is an application by opposite party respondent‑plaintiff for vacating the judgment passed ex parte on 13.02.90 making absolute the Rule issued in Civil Revis......granted he was obliged to take necessary steps in that Bench. But when the record was re‑called in the permanent seat at the instance of the petitioner and posted for hearing it was not a matter of fair play that the other side i.e. the opposite party ought not to have been notified. Without any n......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ..Category: Procedural Law | Date: | Hits: 73
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ...... Judgment AKM Sadeque J.- The appellants Md. Shajahan, Md. Mosleuddin and Md. Sakur Ali have been convicted under sections 302/34 of the Penal Code and sentenced to suffer rigorous imprisonment for life in a trial before the Sessions Judge, Jhenidah in Sessions Case No. 26 of 1986. 2. The p...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ...... AKM Sadeque J.- The appellants Md. Shajahan, Md. Mosleuddin and Md. Sakur Ali have been convicted under sections 302/34 of the Penal Code and sentenced to suffer rigorous imprisonment for life in a trial before the Sessions Judge, Jhenidah in Sessions Case No. 26 of 1986. 2. The prosecution cas..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... there is nothing mala fide in the matter. The tender of nobody has been accepted in preference to the petitioner and it is a specific condition of the tender documents that the authority reserve the right to refuse any tender without assigning any reason. The respondents seriously challenged the lo....../7‑624/92 dated 31st March, 1992 issued by the respondent No.2 namely, the General Manager, Engineering Department, Bangladesh Bank refusing to award the job of supply and installation of equipment for Central Air Conditioning System of Bangladesh Bank Building at Motijheel Dhaka to the petitioner......s been the averment in the petition that the respondent No.1 Bangladesh Bank is a statutory body and unlike an ordinary trader in the street, is under a statutory obligation to act bona fide, justly, fairly and within the bounds of law and they must act within the ambit of the statute and must adher......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....¥¤ (emphasis given) 2. The substance of the commentary is that, the judiciary is shackled, as remarked by a Judge of the High Court Division but the judiciary instead of protecting the fundamental rights of the citizens has been voluntarily givÂing opportunity to the fasist-government to torÂtu......ns Vs. The State of Maharashtra, AIR 1971 SC 221; Brahma Prakash Sharma's Case, (AIR 1954 SC 10); C.K. Daphtary V.O.P. Gupta. AIR 1971 SC 1132; Vinay Chandra Mishra, AIR 1995 SC 2348; Bridges Vs. California, 314 U.S. 252 (1941); Pennekamp Vs. State of Florida, 328 US 331-372, pennekamp Vs. Florida, ...... the Judges in Chamber had made interim orders as per desire of General Moyeen, then the Chief of Army staff It will be evident from the above offending comÂments, the respondent No.1 in the name of fair criticism scandalized the Judge by using disÂparaging language, and the Courts as well. These ......me Court and the High Courts. There are many kinds of contempt's. The Chief forms of contempt are insult to Judges, attacks upon them, comment on pending proceedings with a tendency to prejudice fair trial, obstruction to officers of Courts, witnesses or the parties, abusÂing the process of the Cou..Category: Criminal Law | Date: | Hits: 124
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......”For the Petitioner (In both the cases). Mahbubur Rahman, Senior Advocate, instructed by Mr. Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 2. (In both the cases). Criminal Petition for Leave to Appeal Nos. 478-479 of 2010. (From the Judgment and Order dated 6-5-2010 passed by t......rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......eventually sent to the Metropolitan Sessions Judge and it were registered as Sessions Case Nos.1899 and 1901 of 2009. Before the learned Additional Sessions Judge with whom the cases were pending for trial, the petitioner filed applications under section 265C of the Code of Criminal Procedure for di..Category: Criminal Law | Date: | Hits: 118
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....he suit property under them refused to vacate the property on demand, on the ground that they have obtained registered deed of gift from Nabaddip Chandra Banik on 1-11-1978 and, as such, they are the rightful possessor and title holder of the suit property. Plaintiffs assert that the said deed of gi......—For the Petitioner. Abdul Quayinn, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1951 of 2008 (From the judgment and order dated 13-5-2008 passed by the H......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......Against the ex-parte decree, the defendÂant No.1 preferred Title Appeal No. 38 of 1991 before the learned District Judge, Brahmanbaria, who allowed the appeal and sent the case back on remand to the trial Court for hearing afresh. Subsequently, the said suit was transferred to the Court of Senior A..Category: Property Law | Date: | Hits: 75
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....alleged by the petitioner that three plots of lands appertaining to RS Plot Nos. 557, 558 & 559 comprising a total area of 1261,95 acres corresponding to CS Plots Nos. 521 and 522 in the CS record of right were the lands of mauza Char Sitaram and were the khas lands of the, Crown. These lands were l......ed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land AdministraÂtion and Land Reforms, DhaÂka and others…………………..Respondents. Judgment March 22, 1990. Lawye......d in this suit the respondent No. 1 is also a party. As such Mr. Chowdhury wanted to say, the respondent No. 1 who is a party to the dispute which is sub judice before the Civil Court was not, in all fairness, entitled to take any action to the detriment of another party to the said litigation. 2......sional application was filed before the High Court Division of' the Supreme Court. This revisional application was allowed Setting aside the abatement order and the suit was restored and remanded for trial to the Court of the Subordinate Judge, Bhola, and it was then re‑numbered as Title Suit No. ..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
.... would sign vault register after return from the privy. On his return he found that the defendant No.1 had started business transaction. On being asked the defendant No.1 told that everything was all right. The defendant No. 3 on bona fide belief and good faith and also on account of pressure of off......ppeal by added defendant No. 3 is directed against the judgment and decree dated 8.2.74 passed by the learned Subordinate Judge, 1st Court, Sylhet in Money Suit No. 3 of 1969 and arises out of a suit for realisation of Tk. 19050.12 paisa with interest at the rate of 9% till realisation. 2. The pl......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......ho caused shortfalls and defalcation in his service earlier. The plaintiff should not have added this defendant No. 3 in this suit which is liable to be dismissed against him with costs. 6. At the trial the learned Subordinate Judge framed the following issues: 1. Is the suit maintainable in i..Category: Civil Law | Date: | Hits: 82
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....isal seeking, inter alia, a declaration that the order of termination of his services dated 17.9.81 was void, illegal, mala fide and without jurisdiction and that he was very much in service with all rights and privileges attached to his office. The suit was contested by defendant No. 1, General Man......inter alia, that the suit was barred under sections 19 and 25(b) of the Employment of Labour (Standing Orders) Act. During the hearing of the suit the defendant, however, filed an application praying for dismissal of the suit on the ground that the suit being in the nature of relief exclusively tria......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......on the point pending adjudication. In the circumstances I am not inclined to allow the petitioner to argue it at this stage, particularly when the suit has been sent back to the Trial Court for fresh trial observing the following: "The matter was decided at the stage of fixing peremptory hearing ..Category: Employment/Service Law | Date: | Hits: 64
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