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Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....ove the dominant owner, if uses the, pathway over statutory period, as casement of necessity the plaintiff might get a decree. 12. Such variegated questions must be scrutiÂnized with reference to facts and evidence of each case while deciding the question of prescriptive right of pathway. 13.......ioners Vs. Attar Ali……………......................................Opposite Party Judgment June 24, 1989. Result: The rule is discharged. Cases Referred to- Abdul Ilafiz and others Vs. Mafizuddin and others 7 D.L.R. 577; Sadindee Dev Vs. Ambica Singh Manipuri and others......tten statement asserting that plaintiff has or had no right of pathway over the second schedule land and there is no cause of action for such suit. 5. The learned Munsif upon consideration of the evidence oral and documentary found that the plaintiff had acquired a right of easement over the sec..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....e Chairman of Mithapukur Upazila Parishad under section 134(1) of the Local Govt. (Thana Parishad and Thana AdministraÂtion Reorganisation) Ordinance, 1982 and obtained the instant Rule. 3. Short facts giving rise to the Rule are: The petitioner was elected as Chairman of Mithapukur Upazila P..........Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. SecreÂtary, Ministry of Local Govt. and Rural DevelopÂment and others 1981 BLD (AD) 196; Abdur Rashid Versus Govt. of Bangladesh 32 DLR......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
.... G.R. Modasir Hossain, the learned Deputy Attorney-General submitted that the Government will prefer appeal in the present case against the acquittal of accused petitioner Jalaluddin. 3. The short facts that will be necessary for disÂposal of both the Rules, are that the petitioner JalaÂluddin ......Attorney General— For the State. Criminal Miscellaneous Case No.155 of 1987. Judgment Latifur Rahman J. - This Rule was isÂsued on 26.10.87 calling upon the Deputy Commissioner, Manikganj and the opposite party No.2 to show cause as to why accused Jalaluddin who has alÂready been acquit......rthÂwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ..Category: Criminal Law | Date: | Hits: 101
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
....ths and still serving the sentence, or possibly holdÂing an office of profit under the Crown. If, howÂever, the disqualification is not notorious and deÂpends on legal argument or upon complicated facts and inferences it would appear that even though the candidate may be unseated by reason of his......ment August 16, 1989. Result: The Rule is made absolute. Cases Referred to- Bristol South-East Parliamentary ElecÂtion, (1961) 3 A E L R 354; Sanaullah Vs. Election TriÂbunal, Gujrat and others, PLD 1966 Lah. 97. Lawyers Involved: Syed Ishtiaq Ahmed with Salahuddin Ahmed, Advo......esignation as a dealer to the UpaÂzila Food Officer by a letter dated 9.1.88 which was accepted by the said Upazila Food Officer on 10.1.88. Hence he was not disqualified. 3. After discussing the evidence on record the Election Tribunal found that the petitioner's resignaÂtion was not accepted ..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....Order 7, rule 11 C.P.C. 5. On appeal the learned Additional District Judge found that without taking evidence in the matÂter the learned Subordinate Judge; could not have givÂen any decision on facts. He found that the learned Subordinate Judge has rejected the plaint without recording evidenc......rt Division (Dhaka) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J National Bank Ltd.............................Petitioner Vs. Haroon Malik and Others......................Opposite Parties Judgment July 2, 1989. Result: The Ru......intiff has no cause of action for filing this suit. AccordingÂly he rejected the plaint under Order 7, rule 11 C.P.C. 5. On appeal the learned Additional District Judge found that without taking evidence in the matÂter the learned Subordinate Judge; could not have givÂen any decision on facts..Category: Business or Commercial Law | Date: | Hits: 282
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
.... no order of detention was passed by any District Magistrate or any Additional District Magistrate detaining the detenu. This only shows that the detaining auÂthority has not applied its mind to the facts and cirÂcumstances of the case and has acted mindlessly, nerÂvously and desperately to keep ......urisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Alam Ara Huq..................Petitioner Vs. The Govt. of Bangladesh, represented by the Secy., Ministry of Home Affairs and ors………………………………………….Respondents Judgment July 9, 1989. ......judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
....sdiction to try the case. 9. Heard the learned advocate for both the sides and pursued the impugned Judgment and decree of the Appellate Court. I find that the Appellate Court being final Court of facts have categorically found that the learned Upazila Munsif had no pecuniary jurisdiction to try ......f the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ...... maintainable in this present farm and that the plaintiffs have no right, title and interest in the suit land. 4. The learned Upazila Munsif (now Assistant Judge) Tongibari on consideration of the evidence both oral and documentary decreed the Title suit No.24 of 1984 on contest. 5. Being aggr..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......1.......ccession certificate as the legal heirs vide Ext. 5 and those documents were accepted by the government without challenging them. 13. The trial Court upon consideration of the oral and documentary evidence on record found that the original property belonged to late Abdul Jalil and after his death..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....vision No.1127 of 1994 with Criminal Revision No.1129 of 1994. Judgment Mahmudul Amin Chowdhury J.- These two Criminal Revisions are taken up together for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 of 1994 and 1129 of 1994 Rules were issued a......CD) (1996) 158. ......n in respect of an offence after a report under sub‑section(1) has been forwarded to the Magistrate and, where upon such investigation, the officer in‑charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regard..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ...... Judgment Quzi Shafiuddin J.- Lokman Miah, the condemned‑prisoner (absconding) stood trial before the learned Additional Sessions Judge, Narayanganj under sections 326/302/307 of the Penal Code and he was found guilty under section 302 and also under section 307 of the Penal Code. The learned ......gistrate which subsequently was retracted by him on 13.11.88. 5. Of the 16 witnesses so examined by the prosecution, P.W.1 M Moniruddin, Officer-in-Charge of Sonargaon Police Station stated in his evidence that on 17.9.88 Lokman Miah filed a First Information Report with the Sonargaon Police Stat..Category: Criminal Law | Date: | Hits: 73
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
....d not be framed due to abscondence of the petitioner and another accused persons till 4.11.89 when the Special Judge stopped the proceedings of the case and released the accused persons. In the above facts and circumstances, we are of the view that though the proceedings of the case was pending befo...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Kazi Ebadul Hoque J Md. Hamidul Haaque J Mozibul Huque …………………Petitioner Vs. State and Others……………..Opposite Party Judgment January 15, 1996. Result: The Rule is...... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146...Category: Procedural Law | Date: | Hits: 99
Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)
.... passed by the learned Session Judge, Khulna in Session Case No. 53 of 1992. In respect of taking cognizance against the petitioner and issuance of warrant of arrest against him. 2. The following facts are relevant for the disposal of the rule. One Molla Younusur Rahman on 24.3.91 lodged a First......de of Criminal Procedure is directed against the order dated 25.7.92 passed by the learned Session Judge, Khulna in Session Case No. 53 of 1992. In respect of taking cognizance against the petitioner and issuance of warrant of arrest against him. 2. The following facts are relevant for the dispo...... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143...Category: Criminal Law | Date: | Hits: 92
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....g a decision of the Privy Council reported in 50 CWN 353 it has been held that statements recorded under section 164 of the Code of Criminal Procedure cannot be treated as substantive evidence of the facts stated therein. 9. Mr. Huq lastly, cites decision reported in 6 BCR (AD) 225 wherein it has......€¦â€¦Respondent Judgment May 29, 1995. Result: The appeal is allowed. Cases Referred to- 35 DLR 119; 50 CWN 35; 36 BCR (AD) 225. Lawyers Involved: Serajul Huq with Anisul Huq and Toufika Karim, Advocates ‑ For the Appellant. Abdul Latif, Advocate ‑ For the State. C...... the appellant who fired at him. P.Ws.4 and 5 deposed that while carrying the victim to the hospital by a tempo he hold them on questioning that appellant fired at him. Mr., Huq then submits that the evidence of these three P.Ws. are unworthy of any credence. He further submits that if the dying dec..Category: Criminal Law | Date: | Hits: 88
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....ve land while registering the deed of exchange purportedly on the same daft. Both of the them again reconvened the sod 0.01 acres land to said Habibur Rahman by deed 2528 on the same date. From those facts and circumstances the Pre‑emptor made allegation that it is not exchange rather it is a sale......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Abu Sayeed Ahammed J Baseruddin Pramanik (Md.)……………………………Petitioner Vs. Golapjan Bewa and others……………………………Opposite Parties Judgment July 1, 1995. Result: ......g beyond the recitals of the deed itself in finding that it was a deed of sale and not of exchange. He also submits that in a pre-emption proceedings only the recitals of the deed of transfer are the evidence to find the nature and kind of the transfer and the consideration of the surrounding facts ..Category: Property Law | Date: | Hits: 89
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....Cause Courts Act is directed against the judgment and decree dated 10.9.80 passed by Mr. Hassan Amin, Subordinate Judge and SCC Judge, Pabna in Small Cause Court Suit No.1 of 1977. 2. The short facts giving rise to the Rule may be stated as follows: The opposite party as plaintiff filed ...... Judgment Muhammad Ansar Ali J.-This Rule issued at the instance of the defendant petitioner in an application under section 25 of the Small Cause Courts Act is directed against the judgment and decree dated 10.9.80 passed by Mr. Hassan Amin, Subordinate Judge and SCC Judge, Pabna in Small ...... in deciding the relationship of the landlord and the tenant between the plaintiff and the defendant, the learned Subordinate Judge has committed error of law by misappreciation and misconstruing the evidence particularly Ext. E, deed of transfer, the learned Advocate for the opposite party submits ..Category: Civil Law | Date: | Hits: 140
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....r section 439 of the Code of Criminal Procedure and is directed against the orders dated 3.4.90 and 4.6.90 passed by the Divisional Special Judge, Rajshahi in Special Case No.11 of 1988. 2. The facts of the case are that while the learned Special Judge was trying the above Special Case against......ahbubur Rahman ..................Petitioner Vs. The State ................Opposite Party Judgment February 12, 1992. Result: The revisional application is allowed and the Rule made absolute. Case Referred to- Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD)......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ..Category: Criminal Law | Date: | Hits: 78
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... of Labour performs a statutory duty under section 64 and no higher authority should do anything which may hinder proper performance of the statutory duty by the Director. 23. Now coming to the facts, it may be stated that some employees of the United Commercial Bank Limited formed an union na......ported in: 44 DLR (HCD) (1992) 582....... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....passed as to this court may seem fit and proper. 2. While issuing the Rule on the prayer of the accused petitioner further proceedings of the Special Case No.11 of 1992 was stayed. 3. The facts of the case as narrated in the application for quashment, in short, is that Mr. Mujibur Rahman......tioner Vs. The State .................Respondents Judgment September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. State 30 DLR 58; Bangladesh Vs. Ten ......Special Judge on 5.2.92. The Special case was fixed for framing charge on 22.4.92. On the same day an application was filed on behalf of the petitioner stating that on the materials on record and the evidence collected by the Investigating Agency during investigation as it appears from the charge sh..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....transfer one bigha of land and not in excess of that quantity of land but by the decision of the court below defendant-petitioner has been totally deprived of even one bigha of land and therefore the facts of the case warrants application of the provision conÂtained in section 31 and not section 39...... This Case is also Reported in: 41 DLR (HCD) (1989) 519.......deed and that it was read over and explained to her and she received prayer carpet from the done and deed in question is valid and bonafide document. 4. On these pleadings both the parties adduced evidence in support of their respective contentions. On consideration of evidence the trial Court he..Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....an of the minor child the child would remain in the custody of the mother and that was in the interest and welfare of the child but in the instant case there is no such direction from court. Thus on facts the case reported in AIR 1958 Bom. 381 is distinguishÂable from the present case and as such ...............Petitioner Vs. Firdous Ara @ Sara...................................Opposite Party Judgment April 18, 1989. Result: The Rule is made absolute. Cases Referred to- Imambandi Vs. Mutsaddi, ILR 45 Cal (P.C.) 878; Ahmed Nawazl and others Vs. The State, 20 DLR (WP), 45; Ba......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516...Category: Family Law | Date: | Hits: 255
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