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Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....o a proceeding in any court and that this forged document has been used or produced in that court by a party to the proceeding and if these ingredients are found present in a case, then the mandatory provision against the filing of a private complaint comes into play, Their Lordships have further he......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533...Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
.... Judge for all purposes. He is competent to hear revisional applications under section 439A and to hear appeals under section 409 Cr.P.C. The decision was based on an interpretation of what a deeming provision means to be. 11. A Division Bench of the Chittagong Bench (F.H.M.H. Rahman J & Md. ......(4), as follows:- "(4) An Assistant Sessions Judge deemed to have been appointed as Additional Sessions Judge under the proviso to sub-section (3) of section 9 may pass any sentence authorised by law except a sentence of death." The newly-introduced section 29C has under-gone a change. By the..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
....ich they did. On 14.11.85 the judgment-debtor-appellants preferred an application under Order 21, rule 34 of the Code of Civil Procedure pointing out in paragraph 10 thereof that there is a mandatory provision in sub-rule (2) of rule 34 of Order 21 of the Code of Civil Procedure that the Court shall......o be served on the judgment-debtor together with a notice requiring the objections, if any, to be made within a stated time. The judgment-debtor-appellants clearly stated that the said provision of law has not been complied with and they prayed for a stay of the execution case. By the impugned Ord..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties." (The underlinings are mine). 3. A careful examination of the provisions of rule 17 of Order 6 of the Code does not support the contention of Mr. Das that a plain......t the suit property is a Waqf property and the plaintiff is Mutualli. 2. The learned Advocate for the petitioner assailed the order on the ground that the Subordinate Judge committed an error of law in allowing the amendment under Order 6, rule 17 C.P.C. after the defendant had filed written st..Category: Procedural Law | Date: | Hits: 133
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....ection of the interrogatories on the ground that the interrogatories were not delivered within the prescribed time limit of 10 days from the date of framing the issues as required under the amended provision of Order 11, rule 1. The learned Court rejected the application by its order dated 2.2.198...... Moqbul Ahmed, Advocate - For the Petitioners. Civil Order No.155 of 1989. Judgment AM Mahmudur Rahman J.- By this application the petitioners raise a short but an important question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordinance XLVIII o..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
.... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......dment as noted above sections 395 and 397 were omitted from the schedule of Special Powers Act on 23.8.77 i.e. before the date of taking cognizance of the offences. It is now a settled principle of law that change of procedure shall not affect any pending case, but a criminal case is deemed to be ..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ...... illegally and without jurisdiction in not dismissing the election petition for want of cause of action after the office of the Chairman of the said Upazila has been declared vacant by operation of law. 10. Mr. Abdul Quayum, the learned Advocate appearing on behalf of opposite party No.4, on th..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Pal and distinguished the same by saying that the facts in the case of Suraj Pal were distinct and admitted of no doubt as to the complicity of the accused with the distinct head of crime and as such provisions of the sections 236 and 237 of the Code of Criminal Procedure were not applicable but cas......527 of Akberpur Mouza . At the time of his departure he told his brother, the informant, to go to the land with some seedlings. The accused party also gathered at the same plot of land forming an unlawful assembly with common object to forcibly take possession of the same with ploughs, bullocks-ar..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
...."147. Appeals. Subject to any special provisions for appeal made in this Part or in any rules made under this Act, an appeal shall lie from every original or appellate order made under any of the provisions of this Part by a Revenue-officer as follows, namely :- (a) to the Collector, when t......se two Rules Nisi and the contempt petition have been heard together and will be disposed of by this common judgment as they arise out of the same transaction and involve common questions of fact and law. 2. In Writ Petition No.425 of 1985 the petitioner obtained the Rule Nisi challenging two M..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
..../- and Tk. 1000/- in the form of bank draft for allotment of lands of four different sizes for the purpose of construction of shops. In September, 1971 the then Administrator, Dhaka Municipality made provisional allotments of various plots of land to many persons for setting up their own shops accor......ition No. 470 of 1985 Writ Petition Nos. 472-484 of 1985 Writ Petition Nos. 529-533 of 1985. Judgment Mustafa Kamal J.- These 40 Rules Nisi, arising out of common questions of fact and law, were heard together and will be disposed of by this common judgment. 2. Nawab Yusuf Road, ..Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
.... calculated manner, caused the death of Lechu Bibi". The learned Advocate submitted that the learned Court based his finding totally ignoring the fundamental principle of criminal Jurisprudence and provision of section 101 of the Evidence Act, presumably invoking the aid of section 106 of the Ev......out the occurrence and lodged ejahar in the evening on the next day. At the time of occurrence the husband of deceased Lechu Bibi was in Saudi Arabia and she was staying in the house of her father-in-law along with her children. 3. The occurrence alleged to have taken place at 18.30 hours on 18.4..Category: Criminal Law | Date: | Hits: 101
....in 1965 the Emergency Ordinance as well as Emergency Rules came into force. After the withdrawal of emergency the Enemy Property Ordinance (Emergency Provision), 1969 came into force in which several provisions of the Emergency Powers Rules were kept alive. In 1974, under Emergency Property (Continu......ft this country in 1053. Thereafter, one Abdul Kader, a non local, had been residing in the holding with his family and also inducted some other persons in the suit holding as his tenants without any lawful authority. That the said unauthorised occupant Abdur Kader recently demolished the shed in th..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
....cree or made the order." (the underlinings are mine.) 6. Mr. Dutta put a great sum on the words employed in clause (1) "or for any other sufficient reason." He contends that omission to consider a provision of law is a "sufficient reason" within the meaning of r.1 of Or.47 CPC. Mr. Dutta in aid o......se when it is moved before a Court. He submits that without-hearing the opposite party‑petitioner (the Judgment debtor) the learned Judge in passing the aforesaid order committed serious error of law and the mistake committed calls for review of the order. 4. This Rule is resisted by the plai..Category: Civil Law | Date: | Hits: 157
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....l Sikim Ali. Admitted facts would show that the act was done without premeditation and not in a cold blooded manner but in a quarrel in the heat of passion, as such, in our view, the offence attracts provision of section 304 Part I of the Penal Code. The learned Judge obviously fell in error in conv...... First Information Report with the Salla Police Station on 8.5.89 alleging that on 7.5.89 at about 11‑00 AM the 12 accused named in First Information Report with 8‑10 unknown persons forming an unlawful assembly being armed with deadly weapons trespassed into the house of Sikim Ali and entered i..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ...... 5. Before I embark upon the discussion of the Article I want to state, briefly, the object of punishing for contempt for scandalising Judges. In ex parte Whitmore it has been stated thus: "The law punishes the contemner out of no personal consideration for the Judges. The punishment is not m..Category: Criminal Law | Date: | Hits: 149
Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)
....Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......Mulak Aparad Daman Ain and the same was submitted beyond the period of 30 days without obtaining any extension of time from the tribunal as required as under sub-section (2) of section 15 of the said law. It has also been noticed in the FIR there was no mention of any offence under the Santrash Mula..Category: Criminal Law | Date: | Hits: 97
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ...... meantime no step having been taken for substitution of the heirs of the sole deceased petitioner and the stipulated period having been elapsed long before the revision itself has abated according to law. 4. Mr. Miah Abdul Gafur who obtained the Rule for the petitioner submits that he tried to co..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....d evidence on record I am to make a decision whether the Judgments of the Courts below are legal or resulted in an error of law occasioning failure of justice., At the very outset I want to quote the provision of section 96(10) of the Act which is as follows: "96. (10) Nothing in this section sha...... of the State Acquisition & Tenancy Act (which shall hereinafter be called the Act). 2. Nazamat Ali gifted the disputed land including his homestead measuring 0.70 acres to his daughter‑in‑law (son's wife) the opposite party 1 Nazuma Khatun for love and for good service rendered by the so..Category: Property Law | Date: | Hits: 127
..... It is stated that when under Rule 50(2) of the PATC Employees Service Rules, 1992 the termination order was issued there was no necessity of giving show cause notices to the employees and under the provisions of Rule 50(2) the Authority was quite competent and authorised to issue such impugned ter......ions such as Writ Petition Nos. 977-987 of 1998, 1008-1011 of 1998 and 1047 of 1998 are heard together and are being disposed of by the same judgment as all these writ petitions involve same point of law and about 23 employees including present petitioners were terminated by the Chairman (Rector) of..
Category: Employment/Service Law | Date: | Hits: 160
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....ave been stopped and the accused persons released. In this connection, he has submitted that section 5 of the Criminal Law Amendment Act was amended by inserting section 5A by giving reference to the provisions of sub-section (5) of section 167 of the Code of Criminal Procedure. According to him, th......xty days as provided in sub-section (5) of section 167 of the Code of Criminal Procedure. He further has argued that when there is any legislation by incorporation or by reference to any provision of law the application of the provision amended or added by such legislation be restricted to the exten..Category: Criminal Law | Date: | Hits: 108
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