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Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......led an affidavit stating that it had revoked the impugned order of detention and a fresh order has been passed on the same date detaining the detenu initially for 30 days which was extended from time to lime. 3. In the writ petition various grounds were taken challenging the detention......arty from the Constituency of 233, Sylhet 6 by cancelling the nomination of one Mr. Hasib, The detenu, however, declined the nomination of Jatiyo Party and contested the election as an independent candidate. On the following day that is 27th March, Syed Altaf Hossain allegedly ma......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......dated 27 August 1959 decreed the suit holding that the suit was not barred by limitation or by res judicata and that the plaintiff was in possession as Sristidhar and had obtained possession amicably from Pran Krishna. Defendant No.1 preferred an appeal, Other Appeal No. 463 of 1959 which, after goi......morandum of that Appeal has been produced before us by the learned Counsel for the respondent at the time of hearing of this appeal; no reference to it was made before the courts below. Nevertheless, independent of this Memorandum of Appeal, it can be safely held that an adverse finding in any judgm......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
....evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
......) of rule 169 of the Rules and which were not connected with enemy firm as defined in sub-rule (2) of that Rule were vested in the Deputy Custodian of Enemy Property (Lands and Buildings) with effect from the date of that order.
9. The Proclamation of Emergency was, however, revoked on the 16th......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......Samabaya Samity, applied for Baking settlement of the fishery namely, Chatla Beel Group Fishery situated in Baralekha Upazilla of Moulvi Bazar District when the same was eligible for fresh settlement from 01.04.1982 and the Minister of State of the Ministry of Fishery and Livestock passed an order o......eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......approval a paragraph from the judgment of the Indian Supreme Court in a case reported in AIR 1973 (SC) 205 where the Supreme Court held thus: "We are unable to hold that merely because the source of the right as the respondent claims was initially in a contract, for obtaining relief again..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ...... foresee, whereas its non-performance would involve no such hardship on the plaintiff. 9. Mr. Chowdhury heavily relied on section 22 and argued that when in 1970 the defendant borrowed the money from the plaintiff on the assurance of selling the house he did not foresee that his family will be ......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......actor and since they needed money for the marriage purpose, the house was given security for loan and that is their only residential house. Her children are still at school and she has no other source of in-come. "এই বাড়ি থেকে আমাদের চলে যেতে হ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ...... Khulna and another, 30 DLR 331, Mohammad Sharifullah Vs. Election Tribunal, 31 DLR 119. 5. Mr. Md. Amir Hossain submits that the powers and functions of the appellate forum that decides appeals from election disputes cannot be higher than the powers and functions of the Tribunal trying th......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ...... It is a Civil Court. Therefore, any appellate matter that is placed within the jurisdiction of the District Judge as a principal Civil Court of original civil jurisdiction, whatever be the source of trial, will be governed by the Code of Civil Procedure. 10. In entertaining an applic..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ...... about 4 years in connection with these cases. The Government by order vide Memo No.364, Misc 11/84 L.S. dated 28-6-84 passed order for withdrawal of the cases and the detenu accordingly was released from custody. He was carrying on his business peacefully, but his enemies began to adopt various mea...... that an illegal order of detention can not continued by a subsequent order of detention even though the latter is otherwise valid. An illegal detention equally cannot be continued by an alleged independent valid order of detention, if it, in effect, continues an illegal detention... ...... .........t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)
....l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17. ...... by the light of the burning kupi lamp his wife recognised the two accused. After that they also entered the hut of the informant's sister's husband Abdul Mannan and inquired of the informant from him by making assaults on him. After that all the miscreants went away. After they had left the......e face of the evidence most improbable. 8 It was also submitted that there was no evidence to even suggest the common intention of the appellants for killing Abdus Sattar. Also not a single independent witness was examined to speak about the recognition of the appellants or of their involv......l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17. ..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ......ker, Chilmari Upzilla, Kurigram sat by his side and uttered in presence of Advocates, Court sub-inspector and litigants present that the said Munsif-Magistrate should get practical training from him as to haw cases are filed, how depositions are written, under what section depositions......untersign the T.A. bills of all functionary heads except Munsif". While describing the Charter of Duties of Upazilla Magistrate, item No.9 of the Resolution says, ''He will function independently of the Upazilla Administration." While describing the Charter of Duties of t......ngpur on account of strained relationship that subsequently developed between them. The contemner contended that after the occurrence on 6-12-83 he started receiving complaints from various sources regarding the conduct of the Munsif-Magistrate Annexure 'B' to the first affidavit i..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......rosecution case as stated by the informant P.W.1 Monsur Rahman at the trial is that on 23-1-80 after dusk his brother P.W.4 Matiur Rahman and his Fufato brother P.W.3 Mahbul Hoque were returning from Khasher hat carrying in their person Tk. 20,000/- with which they went to purchase cattlehead. ......in presence of the person affected and its veracity is not tested by cross examination. Confessional statement of a co-accused shall not be used as the sole basis of conviction in the absence of independent corroborative evidence…….(20) Cases Referred to- Hiralal Das and......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....d have been used for the purposes of corroborating her confession only if she made the statement at or about the time when the fact took place. Besides, these statements of P.Ws.3 & 4 are no corroboration at all, as the appellant Zaheda Begum's confessional statement Ext.4 is itself ina......the night following 15-4-80 she was sleeping with her deceased husband Mukul and daughter Moushumi in their south-facing hut. At about 2-30 A.M. in the early hours of 16-4-80 a man called her husband from outside addressing him as 'Mama'. Her husband opened the door. Then a tall and fat....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......d to the P.O. and saw the assaults by and fleeing of the accused and soon after the informant Yakub Ali also rushed there. The injured Shantu was then taken to Al-haj Textile Mill in a Transport sent from the mill. There he was given first aid by Dr. Abdul Mannan who also got dying statements of Sha......the state submitted that there was no undue delay in the lodging of the F.I.R. and there was no material discrepancy in the statement of the witnesses the witnesses included some relations as well as independent persons and that the Medical evidence of the Doctor holding post mortem examination clea......;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ...... Counsel, Mr. Asrarul Hossain, Counsel for the Bank, submitted that the operative part, staying the decree for 6 months was in order since time was given to the petitioners to get a release order from the Government. Since the debt is admitted there is no escape from repayment of the same. A......ion in the form of a suit for declaration that the properties in question were not abandoned property would result not only in further harassment but as the settlement of the question in such an independent suit will take long years leading to swelling of the decretal dues as well as deprivati......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ...... 203 Lawyers Involved: Abdul Manan with Momtazuddin Ahmed-For the appellant. Mostafa Kamal Pasha—For the Defendant-Respondent. No one—For the respondents. Appeal from Appellate Decree No. 384 of 1970. Judgment Syed Mohammed Ali J. - This appeal by the ......nbsp;of the Evidence Act that the signatures on the disputed bainanama and disputed kabala are not in the hand of plaintiff No. 1. He also found that the defendant No. 1 has not been able to prove by independent witnesses that the plaintiff Nos. 2 and 3 who are pardanashin ladies executed the allege...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....ordinate Judge has discarded the evidence of the hand writing expert and his opinion without cogent and sufficient reason. It also appears that the learned Subordinate Judge was looking for corroboration for the opinion of the expert. It could not be understood what corroborative evidence ......h and another, (1984) 34 DLR (AD) 52. Involved: Mostafa Niaz Mohammad with Nirmalendu Bikas—For the Appellant. A. K. M. Shafiqur Rahman—For the Respondent. Appeal from Original Decree No. 124 of 1972. Judgment Md. Altaf Hossain J. - This Second Appeal a......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....he criminal act, then this piece of substantive evidence can be corroborated by his evidence of test identification parade. The substantive evidence is his statement in Court which when requires corroboration, is generally given in the form of earlier identification proceeding……&h......2,000/-. Thereafter the robbers left the residence of the doctor along with those goods and the doctor immediately called other persons nearby and narrated the story. The defence case as appears from the trend of cross-examination of the P.Ws. and examination of the accused-appellant under Acti......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ...... dated 22-9-82 passed by the High Court Division Dhaka Bench in First Miscellaneous Appeal Nos. 490 of 1979 and 474 of 1980 respectively) Judgment Fazle Munim CJ.— These appeals arise from First Miscellaneous Appeal Nos. 490 of 1979 and 474 of 1980 dismissing the former appeal and al......in his deposition that during the disturbances in 1971 the original documents, records and books of account were lost. He, however, claimed that the first loan was paid off before Bangladesh became independent. He refused to accept the statements of account namely, Ext. 8 for two reasons, firstly,...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ......xecuted by the plaintiff in favour of defendant Nos. 1 and 2 admittedly belonged to the plaintiff. The plaintiff instituted the suit alleging that the defendant Nos.1 and 2 got the documents executed from her by practising fraud. She claimed that in spite of the documents she was continuing in posse......tioner who has laid claim on the basis of the three disputed documents to prove that the plaintiff had executed them by fully understanding the nature of the transaction and further that she had also independent advice. The learned Advocate submits that the learned Subordinate Judge has rightly decr......for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......hmudur Rahman Mallik , BCR 1982 A.D. 104 Lawyers Involved: Farmanullah Khan with Mokbul Ahmed—For the appellants. A.S.M. Mofakkar, S.C. Das—For the respondents. Appeal from Appellate Decree No. 364 of 1978. Judgment Md. Altaf Hossain J. - This second appeal ......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......e Supreme Court of India and reported in AIR 1974 (SC) 171 it has been observed that the Courts will usually be guided by the following circumstances in deciding a question of benami, namely. (1) the source from which the purchase money came; (2) the nature and possession of the property, after the ..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......-4 did not allow him to cultivate the case land stating that they had themselves purhased the same. On 1st Ashar 1388 B.S. corresponding to 16.06.1981 A.D. the pre-emptor Respondents 1-3 came to know from P.W.2 Ula Mia for the first time that the pre-emptee appellants bad purchased the case land. Pr......ed possessing in 1979 after purchase. The statements of the O.P.Ws. that after purchasing the case land the pre-emptees built a salt godown in 1979 are also untrue. P.W.3 Matiur Rahman who is an independent witness stated on 01.03.1983 that the pre-emptees raised a godown in the case land in th......tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
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