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State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267....... of 50/60 yards from them and they had 8/9 guns in their hands. He could not say if any other accused were armed with any sort of weapon or not. It is stated that the place of occurrence, 'Bichra' in question, is about 150 cubits in length and 100 to 110 cubits in breadth stretching from, north to s......ode inasmuch as there is no element there is no element of common object and of forming an unlawful assembly which caused the occurrence as alleged by the prosecution. Mr. Huq assails the findings of facts with regard to the place of occurrence, the time and manner in which such occurrence took plac..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......18, wherein it has been observed by their Lordships as follows: "When exercising this jurisdiction (under section 561A CrPC) the High Court would not embark upon an enquiry whether the evidence in question is reliable or not. This is the function of the trial Magistrate and it might so happen tha......itioner by a petition and ultimately on 11.3.84 the accused petitioner was present in Court and the learned Magistrate after hearing both the sides and on consideration of the relevant papers and the facts and circumstances of the case was pleased to frame charge against the accused petitioner under..Category: Criminal Law | Date: | Hits: 88
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......ine at TK. 1000.00(one thousand) he shall lose his service, all dependent members of the family will suffer untold misery. The education and the career of the children will be ruined. 10. In the facts and circumstances of the case, we are of impressed by the said submissions of the learned Co..Category: Family Law | Date: | Hits: 185
....rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302.......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302.......temporary injunction reversing those dated 08.03.1990 passed by the Senior Assistant Judge, Sadar, Sylhet in Title Suit No.241 of 1989 refusing plaintiffs prayer for temporary injunction.
2. The facts involved in case, in short, are that the plaintiff, Abdul Motlib, was in possession of the sui..
Category: Property Law | Date: | Hits: 65
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
.... different and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......the Additional Assistant Judge allowed the application of petitioner transposing her as plaintiff from the category of defendant for effectually and completely to adjudicate upon and settle all the question involved in the suit which caused no failure of justice to the defendant-respondent; that......side those dated 11.04.1991 passed by the Additional Assistant Judge, 3rd Court, Chittagong in Other Suit No. 66 of 1990 transposing the appellant, a defendant to the category of plaintiff. 2. The facts involved in case, in short, are that the plaintiff married thrice. His first and third wives d..Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......w to the specific pleading by the defendant No.1-appellant in paragraph 11 of her written statement that the trial Court erred in law in failing to frame appropriate issue of fact for determining the question of fact raised by the defendant No.1-appellant causing miscarriage of justice and as such......gainst the judgment and order dated 23.08.2001 passed by the High Court Division in First Appeal No.115 of 1999 rejecting the application under Order 41 rule 25 of the Code Civil Procedure. 2. The facts of the case, in short, are that the there was an agreement between him and the defendant for t..Category: Property Law | Date: | Hits: 112
....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
....... Ramawami and A.M. Grover, reported in AIR SC 488 regarding the phrase is a contract arising out of a contract or incorporation with the contract it was held that-
"the Test of determining the question is to whether recourse to the contract by which both the parties are bound is necessary for......against the judgment and order dated 21.08.2007 passed by the High Court Division in Writ Petition No.7108 of 2007 summarily rejecting the application under Article 102 of the Constitution.
2. The facts of the case, in short, are that on 9th October, 2000, the appellant entered into a share purch..
Category: Civil Law | Date: | Hits: 78
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......Section 195(i) Cr.P.C. it appears that the words" documents produced or given in evidence" contemplate the original documents alleged to be forged and not a certified copy of the same. If document in question is not produced in Court, but a certified copy of the same is produced and marked as Exhibi......c) Cr.P.C. by SCC Judge cannot stand as bar to the trial of the accused‑petitioners in the present case. 17. Mr. Abdul Malek, the learned Advocate for the informant submitted that in view if the facts that the FIR in the present case was filed against the accused‑petitioners on 13.1.1983; tha..Category: Criminal Law | Date: | Hits: 83
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......1976). Writ petition Nos. 625 of 1974 with 624 of 1974, 102 of 1974 and 306 of 1976. Judgment Badrul Haider Chowdhury J. - These four Writ petitions have been heard analogously as the common question of law and fact is involved challenging certain decisions of the Labour Court and Appellate......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646....... of the land in law reverted to the khas possession of the landlords. Thus, it cannot be said that the plaintiff failed to prove the khas possession of the suit land by Chatterjee landlords. The next question is whether Chatterjee landlords possessed the land in khas after the second surrender. As d...... Md. Abdul Haque, the learned Advocate for the respondent, argues that the finding on surrender of the raiyati of Madhu and Takim in the suit land and the finding on possession, being the findings of facts, concurrently made by the Courts below, this Court in the second appeal under section 100 C.P...Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
....n the ground of immaturity and no decision was given relating to any other issue except the issue relating to maintainability." So it is not disputed that issue involved in previous proceeding is not identical with issue involved in the present proceeding. In order to constitute res judicata it is n......ed: M A Mazid, Advocate ‑ For the Petitioner. S M Amin Azaher, Advocate ‑ For the Opposite Parties. Civil Revision No. 11 of 1985. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and order dated 29.11.84 passed by the learned S......section 96 of the State Acquisition and Tenancy Act for the self‑same land in the Court of Munsif, Serajganj. The learned Munsif on consideration of the evidence and other materials on record and facts and circumstances of the case rejected the Miscellaneous Case by order dated 31.5.83 on the gr..Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ...... of 50/60 yards from them and they had 8/9 guns in their hands. He could not say if any other accused were armed with any sort of weapon or not. It is stated that the place of occurrence, 'Bichra' in question, is about 150 cubits in length and 100 to 110 cubits in breath stretching from north to sou......den flash of rage, committed in the heat of passion and as such conviction under sections 302/149 is not called for, Mr. Huq also argues that the prosecution is also guilty of suppression of material facts and as such there is strong doubt as to the bonafide of the prosecution case. The accused‑ap..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......Judge was wrong in presuming that Ext. 1 is a licence to the respondent for construction of the suit building on the suit land granted by the appellant. Since we held that Ext. 1 is not a licence the question of its admissibility in evidence does not arise. 18. Now coming to the main contention o......nd another reported in AIR 1975 (Allahabad) 373 in support of his contention. 12. Before entering into the discussions of the contentions raised by the learned Advocates there are certain admitted facts which need to be mentioned: That the respondent married the appellant on 1-2‑62, that the..Category: Property Law | Date: | Hits: 110
....nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......1 was filed by defendant petitioner OP No. 1 the Continental Grain Co. (Canada) Ltd. represented by their local agent Maritime Enterprises, Chittagong who claimed to be the Charterer of the vessel in question, namely, MV Regent Ranger. Miscellaneous case No. 60 of 1981 was filed by petitioner OP No.......tee upto 30.6.82. It further appears that no Bank Guarantee was extended as the Bank Guarantee in question was already cancelled after the impugned order and before order of stay.
13. In the above facts and circumstances the attached vessel in question having left the jurisdiction of the Court ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......ot be taken to be fatal for reversing or altering the conviction on appeal. 8. On this point Mr. Serajul Huq referred to a decision reported in 10 DLR (SC) page 29 wherein it has been held that no question as to whether prejudice was caused or not need be considered when illegality has resulted f......endent witness. Further it was observed that there is no other witness who could see the occurrence. So the background of that case for refusing to direct re‑trial was completely different from the facts and circumstances of the present case. In this case nothing was mentioned about the defect of ..Category: Criminal Law | Date: | Hits: 52
Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)
....ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611.......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611.......under section 5 of the Limitation Act, the fact would remain that the private individual had to make up their own mind only and had to arrange his own fund and is normally presumed to be aware of the facts and aspects of the case while in the case of Government public interest has to be duly conside..Category: Limitation Law | Date: | Hits: 192
....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......y provision of the constitution or hits the fundamental principle of State Policy and fundamental rights of the people and therefore, it requires a close and detailed scrutiny and examination of such questions which is neither permissible nor possible at this stage when the scope is limited and conf......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
..
Category: Constitutional Law | Date: | Hits: 229
....ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
......s been overstaying unauthorized as a trespasser in the demised premises of the petitioner since 9.9.1988 the when the period of the lease expired as per provisions and stipulation in the agreement in question. It is stated that the respondent‑company is unable to pay its debt to the petitioner as ...... yet been paid. When the application was filed, the outstanding dues was Tk. 7 lacs and odd out of which they paid Taka 5 lacs, even then there was outstanding of Taka 2 lacs and odd.
13. From the facts and circumstances of the case and the materials on record, it appears that though the responde..
Category: Company Law | Date: | Hits: 190
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......ed 30.3.87 rejecting the plaint was set aside. Being aggrieved by the same, the petitioner obtained Rule from this Court challenging the said impugned judgment and order dated 28.4.88. 3. The only question raised in this Rule is that under section 27 of the Family Courts Ordinance pending suits, ......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599...Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ...... also closed on that date. So the Court below by order dated 20.8.86 fixed the suit for further hearing on 1.9.86. The defendant petitioners while cross‑examining the plaintiff PW I did not put any question to him regarding valuation of the suit land by confronting him with 5 sale deeds filed by t......of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ..Category: Civil Law | Date: | Hits: 94
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