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Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......ur Rahman J: This, appeal is directed against the judgment passed by the Sessions Judge, Rangpur sentencing the accused appellant kasiruddin Sarkar alias Kasiruddin Fakir to undergo transportation for life on a conviction under section 302, Pakistan Penal Code. 2. The case for the prosecu......mitted the accused to the Court of Sessions. At the time of trial the prosecution case was that the accused occasionally used to have quarreled with his wife Altafunnessa over the property and cash money which she had inherited from her brother. In the night before the occurrence, the accused had..Category: Criminal Law | Date: | Hits: 124
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....ing his position as a public servant. The further case of the prosecution is that, being entrusted with a sum of Rs 1360.69 paisa, which belonged to a victim of a motor accident and which was lying unclaimed in the current account No. 1165 of the National Bank of Pakistan, Jessore, the appellant dis......udgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section 5 of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in default, to suffer rigorous imprisonment for one an......59 (Index No. W-4) in the National Bank of Pakistan, Jessore Branch, you dishonestly disposed of Rs 755/- out of that amount in violation of the direction of law prescribing the mode in which such money is to be disposed of and by corrupt or illegal means or by otherwise abusing your position as..Category: Anti-Corruption Laws | Date: | Hits: 83
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....have 4 annas interest in the disputed holding and that they had earlier filed Title Suit No. 114 of 1965 in the said 4th Court of Munsif, Narayanganj for partition of the disputed holding and also claiming for the share in the arrear rents against the plaintiff of the Money Suit. It is also the ...... Nurul Islam J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure at the instance of some of the defendants in a suit for realisation of arrear house rents and is directed against the order dated 16th of January, 196......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....anging -the liability of the defendant at that stage. The Field Officers of the defendant, however, took measurement and prepared final bills only for one item without taking into consideration the claim in respect of item Nos. 2 and 3. The plaintiff, however, took measurement of all the works in......3,05,640 sft. and item No.3 it was 23,077 numbers. At Ujantia, the work required and allotted to the contractor was also similar in nature and at the same rate. In item, No. 1 the work was required for an area of 17,400 sft. in item No. 2 the work was required at about 38,160 rft and with regard ......ove this, the plaintiff was entitled to be paid his security deposit which also was not given to him. It was further claimed by him that due to the refusal to pay the security deposit and the award money he was also entitled to interest at the rate of 6-1/4 per cent per annum. Lastly, on 7.5.62 ..Category: Others | Date: | Hits: 98
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
.... they obstructed the complainant party from reaping their paddy. The complainant party men thereupon attacked the accused persons and took away paddy from the said land. The accused persons do not claim any possession in plot No. 9425. The complainant has come up with a false case in order to sa......Mr. MU Chowdhury, Magistrate, 1st Class, and Patuakhali convicting the accused-petitioners under section 379 of the Pakistan Penal Code and sentencing each of them to undergo rigorous imprisonment for six months. The order convicting and sentencing accused Idris and Sekandar under section 324 of......dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 82
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....r physical work. He further contended that due to the accident, over and above sustaining disability in his left leg, he partially lost his eye sight and hearing capacity. He thereafter lodged his claim with the defendants respondents for compensation due to loss of his earning capacity. The Ad......3. The accident took place when he was taking charge from the outgoing conductor of the said bus. 3. The appellant after being removed to the Dacca Medical College Hospital, remained there for treatment as indoor patient from 8.3.1965 to 12.1.1966, that is to say, for about a period of t......ho would have the opportunity of seeing the workmen work before and after the accident they are in a position to judge what the loss of earning capacity is. Earning capacity is capacity to earn money." This was a case of a gunner guard employed in the Indian Railway who sustai..Category: Labour and Industrial Law | Date: | Hits: 118
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....ing failed in the criminal case instituted the false and frivolous suit. They also pleaded that their kabuliyat being anterior to the alleged purchase of the plaintiffs, only superior right can be claimed by them, but they were not entitled to get khas possession of the disputed premises. ......bsp; Nurul Islam J.- The appeal is at the instance of the defendant Nos. 1, 2 and 5 and arises out of Title Suit No. 67 of 1958 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises on establishment of their title in the same a...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ..Category: Property Law | Date: | Hits: 69
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....ing to the ordinary standard adopted by reasonable men the act was right or wrong. 13. Occasional looseness of head, unsoundness of mind or even partial derailment of brain will not entitle one to claim exemption from criminal liability under section 84 PPC. Uncontrollable impulse coexisting with......970. 2. The short facts of the case are, that on the 15th Aswin, 1372 BS(corresponding to 2nd October, 1965) after Johar prayer, accused Shiraj Ali gave dao blows to Fajarjan Bibi, mother of the informant Abdun Noor and she died instantaneously on the spot. The accused then injured his shala Tahi......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....found all the 4 accused persons guilty under section 302 read with section 109 PPC." 11. It is clear from the above observation of the learned judge that the prosecution could not claim to have established the charge under sections 302/34 PPC against the accused to the effect th......p; Ahsanuddin Choudhury J: These 4 appellants have been convicted under sections 302/109 PPC by the Sessions Judge Dinajpur and sentence to transportation for life. 2. In short, the prosecution case is, that the deceased Jahiruddin married, accuse......t them and their contention was that Jahiruddin died of diarrhoea but that PW 3 Kashimuddin Ahmed falsely implicated them in this case with the help of his relations and others in order to extract money from them (accused party). 7. The trial was held with the aid of 4 assessors all of wh..Category: Criminal Law | Date: | Hits: 76
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....cific Relief Act, in view of the fact that the plaintiffs did not pray for khas possession in the suit property. The court of appeal below, after considering the evidence of the witness held that the claim of possession of the suit property on behalf of the defendants cannot be believed and arrived ...... learned Additional District Judge dismissed the appeal and affirmed the judgment and decree of the trial Court. 2. The facts giving rise to this appeal are as follows: The plaintiffs filed a suit for declaration that they are tenants in respect of the suit property under the defendant No. 1 the ......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......ode of Civil Procedure, 1908 (V of 1908), Order IX Rule 13 It is not possible to permit the defendants to prove certain facts after elapse of ten years which the defendants failed to bring before the court so long. The defendants must take the consequence of their own laches. Moreover ther...... Judgment: ATM Afzal CJ.- Plaintiff-respondent-Bank instituted Title Suit No. 40 of 1986 in the Court of Subordinate Judge, Narayangonj for recovery of money and realisation of securities from the defendant-petitioners. Summons were duly served upon t..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....a dispute between the parties. If abatement is set aside, the merit of the dispute can be determined. If the abatement is not set aside, the applicant is deprived of the opportunity of proving his claim only on account of his culpable negligence or lack of vigilance. Therefore, such negligence o......;…..Respondent Judgment March 11, 1999. The Limitation Act, 1908 (IX of 1908), Section 5 (i) An abatement can be set aside at any time even beyond the period prescribed for making an application in that behalf if sufficient cause is shown explaining the delay…......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... 6. Both the Government and the present petitioners who got themselves added as respondents No.8 and 9 contested the writ petitions by filing separate affidavits-in opposition disputing the claims of the writ-petitioners. The Government in their affidavit, inter alia, stated that the lan......e Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings, orders and observations made by the High Court Division on the qu......f 1948-49 but in the possession of unauthorised persons and not under the control of the public works department be de-requisitioned in favour of the original owners on realisation of compensation money received by them, if any. The said decision cancelled all previous decisions and accordingly ..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... VII rule 11 Article 34(5) has an overriding effect over Order VII, rule 11 Code of Civil Procedure. The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed fall within the clear mischief of Article 34(5) (a)(i) & (ii) it will be an idle formali......Procedure. The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed fall within the clear mischief of Article 34(5) (a)(i) & (ii) it will be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for n...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ...... 1996). Judgment ATM Afzal CJ.- This appeal by leave arises out of a judgment and order dated 1st December, 1996 passed by a Division Bench of the High Court Division rejecting an application for quashing of the proceeding of CR Case No. 227 of 1996 pending against the accused-appellant in t......mplainant, that in connection with one of his works, the appellant requested the complainant to work as a Coordinator and a contract was executed, that the appellant took Taka 6,00,000.00 as security money from the complainant, that the appellant withdrew bills on several occasions but did not retur..Category: Business or Commercial Law | Date: | Hits: 145
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......e……….(8) Lawyers Involved: Md. Marfat Ali, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner Not represented — The Respondent. Criminals Petition for Leave to Appeal No. 192 of 1998. (From the Judgment and Order dated 11-8-98 passed by the Hi......der section 466 he cannot again be convicted and sentenced under section 471 of the Penal Code…..(7) (ii) The accused-petitioner’s conduct is certainly a criminal misconduct because receipt of money from Nurun Nahar and consequent making of a fresh recall order “without approval of the conc..Category: Anti-Corruption Laws | Date: | Hits: 73
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....empanelled by the promotion committee petitioner could not be promoted before the respondents who are junior to him on the basis of his merit score in the ACR as noticed above and, as such, his claim that he would have been promoted on the basis of his ACR marks alone has no leg to stand upo......stitution of Bangladesh, 1972, Articles 27, 29, 102 & 117 The High Court Division has rightly held, that the writ petition was not maintainable because he (petitioner) did not seek to enforce any fundamental right and further, it was within the competence of the Administrative Tribuna......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ..Category: Employment/Service Law | Date: | Hits: 63
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... When the Civil Court is in seisin of the matter it could very well investigate into the same with regard to its own order but it cannot direct the complaint to file the petition of complaint before the criminal court. The order of filing a petition of complaint by the complainant is liable t......n 24-7-91 for disposal of the property of the minors by suppressing the truth and practicing fraud upon the Court. The Court permitted the transfer and directed appellant No. 1 to deposit the sale money to the bank with a further direction to deposit the cheque book before the Court. After obtai..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....by judgment and order dated 28 July 1993, discharged the Rule holding that in the instant case Hem Chandra Chakraborty is shown to be litigating as the Shebait in his official capacity and if this claim to the office as Shebait falls through, his heirs are not entitled to be substituted. Hem Cha......from the days of antiquity. It lies within the city of Dhaka. The votaries of the deity are the members of the Hindu community at large spread all over the country. 3. The said deity sued forma pauperis through her managing shebait and a next friend, Hem Chandra Chakraborty who in his t......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..Category: Family Law | Date: | Hits: 156
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....Single Judge of the High Court Division was wrong in relying upon the firisti, Ext. 1, in coming to the finding of relationship of landlord and tenants between the parties when the original documents claimed to be filed by the plaintiff-respondents were not on the record. 7. Mr. Mansur Habib, th......sion No. 410 of 1984 (Rangpur)/Civil Revision No. 7492 of 1991 (Dhaka) making the Rule absolute. 2. The plaintiff-respondents instituted Other Suit No. 62 of 1975 in the Court of Munsif, Kurigram for ejectment of the defendant appellants from the suit premises, recovery of vacant possession and ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ..Category: Tenancy Law | Date: | Hits: 62
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