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Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....n of twelve months from the date of loss on 16.11.91 on some grounds other than that stipulated in condition No.19 of the Policy. As such under condition No. 13 of the Policy the plaintiff had the right to institute the suit within 3 months of the repudiation of the policy which he did. The clai......cturer and seller of homeopathic medicines under the name and style of SB Memco Laboratory at his village Kulkurmal, Police Station Rangunia, District Chittagong. He obtained a loan from pro‑forma defendant No. 2 Janata Bank, Laldighi East, Chittagong on an equitable mortgage of the land a......here are no peculiar rules of construction applicable to the clauses and conditions in. a policy which are not equally applicable to the terms of other contracts. The conditions are to be construed fairly between the parties and the Court will endeavour to ascertain their meaning by adopting the ......quot; 4. The plaintiff examined witnesses including himself and the appellant also examined 4 witnesses. Both sides brought on record many documents which were marked as exhibits,5. The trial Court found that the fact of taking out of the fire policy and the fact of fire and resulting..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......(appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate‑on‑Record‑ For the Petitioner. Not represented ‑For the Respondent. Criminal Petition for Leave to Appeal No. 13 of 1995. (From judgment and order dated 4th December, 1994 passed....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......p; ATM Afzal J: This accused‑petitioner who claims to be a child within the meaning of the Children Act, 1974 is facing trial along with others in Sessions Case No. 14 of 1994 in the Court of Additional Sessions Judge, ..Category: Criminal Law | Date: | Hits: 66
Yakub Ali Vs. State, 1995, 24 CLC (AD)
....and that the Magistrate is to take cognizance under section 200 Cr.P.C. since it is a case under section 302 of the Penal Code. 4. It must be said that the High Court Division was not at all right in taking the above views. Section 4(h) Cr.P.C. defines what is a 'complaint', There can be ...... Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on- Record‑ For the Petitioner. Not Represented ‑ For the Respondents. Criminal Petition for Leave to Appeal No.37 of 1995. (From judgment and order dated 13 February, 1995 passed b...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ......section 302 of the Penal Code. The Magistrate takes cognizance under section 200 Cr.P.C. for the purpose of making enquiry/ investigation into the offence alleged and not for the purpose of holding trial in every case of which he takes cognizance. If a case is found to be exclusively triable by t..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....using the death of his wife Velua Khatun on an unfounded suspicion that his wife was a woman of bad character". 7. Leave was granted to consider whether the High Court Division was right in holding that the suspicion of the accused appellant as to his wife's character was really......n CJ: Appellant was condemned to death by the Additional Sessions Judge, Cox's Bazar under section 302 of the Penal Code by his judgment and order dated 28 May 1990 passed in ST Case No.35 of 1987 for intentionally killing his wife Velua Khatun in the night following 14 May 1987. The High Court ......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......er wearing saree and his own old lungi inside a bush of the garden of his father‑in‑law and kept the dao in one coiner of his hut. 5. The prosecution produced 12 witnesses at the trial out of whom PW 10 was only tendered for cross‑examination. The witnesses are mostly for..Category: Criminal Law | Date: | Hits: 73
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....6 of 1972 and vested in the Government. 7. The Court of Settlement by its judgment and order dated 23.5.1989 dismissed the case holding, inter alia, that the appellant has not acquired any right or interest in the disputed property. Appellant then moved the High Court Division and obtain......w, namely, application of section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985), briefly, the Ordinance. Accordingly they are taken up together for disposal although the facts of the two cases are different and they arise out of two different......le without showing the file to the appellant and giving her an opportunity to controvert those allegations on which the Court of Settlement relied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principle......rnment asserted in its written statement that the disputed building is an abandoned property and has been under the management, control and supervision of the Government through its allottees. The trial Court in its judgment considered the question of maintainability of the suit and found that d..Category: Property Law | Date: | Hits: 86
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......nvicted by Special Tribunal and Assistant Sessions Judge, Kurigram, under section 15 of the Special Powers Act and sections 431, 143 and 447 of the Penal Code and sentenced to rigorous imprisonment for two years along with fine or Taka 500.00 indefault to imprisonment for 3 months more, in Speci......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......able or less safe for traveling", punishable under section 431 of the Penal Code. 3. Mr. Abdul Momin Talukder, learned Advocate for the appellants, has referred to the judgments of the trial Court and the appellate Court which show that the road was "partially damaged"; but..Category: Criminal Law | Date: | Hits: 60
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....nd witnesses of the case accused in the same case resulting in an unusual order of quashment passed by the High Court Division which in the facts and circumstances of the case appears to have been rightly passed. 2. Briefly stated, the facts of the case are, that respondent No. 1 Mubasswi......wdhury, Advocate, instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For the Respondent No. 1. Respondent Nos. 2‑10‑Not represented. Criminal Petition for Leave to Appeal No. 45 of 1994. Judgment: &nb......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......s in the same case which was done by the Assistant Superintendent of Police Criminal Investigation Department in collusion with the main accused, a situation was created cleverly in which the trial of accused Mukhlesur Rahman and others for an offence of double murder cannot proceed and, at..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....unction which is performed by a detaining authority extends to the giving of a prior notice to the detenu for ensuring observance of the rule of natural justice that a person must be heard before his rights are adversely affected. Rather the Supreme Court of Pakistan in the next land‑mark case of ......ment and order dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993 making the Rule absolute and directing that the detenu Dr. Haripada Chowdhury, former Deputy Chief Medical Officer, Chittagong Port Authority, Chittagong be set at liberty. 2. ......, unspecified, indefinite and lacking in necessary particulars thus depriving the detenu from submitting any effective representation signed by the Assistant Secretary (Security 1) Ministry of Home Affairs, was not a valid order under the Act as there is nothing to show that it was passed on the aut......on to say, "that the intention of the Constitution is that the grounds to be furnished under Fundamental Right No.5 should be set out with the particularity and exactness of a charge of a criminal trial." 21. These are then the general guidelines to be kept in view for testing the grounds s..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....leaving the country by selling away his property. At that time, his house, the suit property, was bringing monthly rent of Taka 16,000.00 Because of this change of fortune, the High Court Division rightly held, he resiled from the contract. Khondakar Mahbubuddin Ahmed has tried to show us that t......vision dated 14 July 1993 in first Appeal No. 87 of 1986 confirming the Subordinate Judge's Judgment and decree in Title Suit No. 46 of 1979. Questions raised in this appeal are whether specific performance of contract for sale of the land in suit should have been refused in the facts and circum......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......te Judge decreed the suit. On appeal, the High Court Division thoroughly reassessed the evidence, considered the facts and surrounding circumstances of the case and concurred in the findings of the trial Court and dismissed the appeal. 6. The appellant in his leave petition, challenged al..Category: Property Law | Date: | Hits: 69
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ...... MA Wahhab Miah, Advocate, instructed by Shamsul Haque Siddique, Advocate‑on‑Record -For the Petitioner. Not Represented ‑For the Respondent. Criminal Petition for leave to Appeal No.92 of 1994. Judgment: &nbs......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......se and the learned Thana Magistrate acted illegally and without jurisdiction in taking cognizance of the said case. 3. The submission is clearly an after‑thought in that neither in the trial Court nor before the High Court Division, this point was raised disputing the jurisdiction o..Category: Criminal Law | Date: | Hits: 74
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....t No.7 supported her claim. 4. Defendant No. 6, Sova Rani Guha is the present appellant. Her case is that the plaintiffs' documents are collusive and fraudulent; that defendant No. 5 had no right or title in the suit land, and that her father‑in‑law Monoranjan Guha took settle......o. 327 of 1980 decreeing the respondent‑plaintiffs' suit in part. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of Subordinate Judge, Patuakhali, for partition claiming 0.3077 acres in the suit property and for a declaration that the compromise ......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......purchasers are not entitled to get any possession. She paid rent to the Government and tax to the municipality but the dakhilas and tax‑receipts were looted during disturbance. 5. The trial Court dismissed the suit on the ground that it was barred by res judicata and not maintainable..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....eirs of Aser Mondal sold 0.50 acres of land to the contesting defendant by a registered document dated 10.1.69 and the said defendant is in possession thereof on payment of rent. The plaintiff had no right, title, interest and possession in respect of 0.50 acres of land that he purchased from the he......ift (Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time and the conditions are attached thereto, the gift is valid but the conditions are void......be definite and clearly ascertainable. This is why, gifts to unborn persons, gifts in futuro and gift of Musha have been held to be invalid. Rather, in their anxiety to see, that the transactions are fair and just to all the parties concerned, the Muslim Jurists have ordained against profiteering an...... that he purchased from the heirs of Aser Mondal. 4. In decreeing the suit in preliminary form against defendant No. 12 and in presence of defendant No. 13 and ex parte against the rest, the trial Court considered the deed of gift Ext. 1 and accepted the same as a gift proper. It found howe..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......tly purchased the premises in dispute appertaining to plot No. 2039, Mouza Sutrapur, Bogra Khatian old 81 and new 137 consisting of 0.6250 acres from its owner Al‑haj Habibur Rahman Chowdhury for Taka 85,000.00 in equal shares. They constructed a two‑storied building thereon, mutated...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......erformance of contract against their grandmother. The Government of the People's Republic of Bangladesh being a party thereto contended that the disputed premises was an abandoned property but the trial Court held that it was not an Abandoned Property. A decree was however passed in favour of re..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....g earth and demarcating plots and road, spending a lot of capital. The company purchased by registered instrument more or less 45 bighas of land out of the said 300 bighas and also took possession by right of contract for purchase of another 150 bighas of land of tile layout plan. The company allott......roject, Mohua, is within the Master Plan of the DIT prepared and approved in the Fifties. Within this Master Plan Area all future development and construction, both public and private, shall be in conformity with the Master Plan, as specially laid down in section 74(3) of the Town Improvement Act, 1...... of the facts and circumstances in particular, the conduct of the DIT, now RAJUK, the proposed acquisition, practically' of the whole of the appellant's land under the Lay‑out Plan, is not just and fair. It is not4ound to have been made in the larger public‑interest so as to overcome the bar of ......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....OS No. 54 of 1992) and a Writ petition (WP No. 3880 of 1992) filed by the appellant against the Minister and others alleging some facts of malafide done by the Minister depriving the appellant of his right to certain tenders for some public works. Mr. Mahmud has also referred to an order of the Addi......nd out mala fide, started at the instance of a Cabinet Minister out of political rivalry and that the facts alleged against him do not constitute any criminal offence of misappropriation, cheating or forgery. The High Court Division, after hearing the parties, by the impugned order dated 15 July 199......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......arged the Rule issued earlier on the said revisional application observing that at this stage the question of mala fide intention could not be determined which can be done only on evidence during the trial. 2. Facts of the case are, that the appellant was a member of Parliament in 1987‑88, elec..Category: Criminal Law | Date: | Hits: 76
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
.... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ......run‑ur‑Rashid, Advocate, instructed by Sharifuddin Chaklader, Advocate‑on ‑Record‑For the Petitioners. Respondents‑Not Represented. Civil Petition for Leave to Appeal No. 50 of 1993. Judgment: &nb...... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ...... for a separate Saham according to the plaint case and, consequently, Saham was allowed on 29.4.84 as the plaintiff and other defendants did not raise any objection for granting of such Saham, The trial Court granted Saham to the extent of 29 decimals of land out of "Kha" schedule prop..Category: Property Law | Date: | Hits: 64
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....p the construction but continued to give finishing touches to it. 15. it does not appear from the facts and circumstances of the case that the matter is purely a concern between the private rights of two parties. The matter assumed a new character and it turned into a matter concerning pu......Bazar in Miscellaneous Appeal Nos. I and 2 of 1991 affirming those dated 29.11.90 passed by the learned Assistant Judge, Chakaria, Cox's Bazar in Other Suit No. 133 of 1990 allowing an application for both temporary and mandatory injunctions. 2. Plaintiff‑respondent No. 1 instituted......f its inherent power, require the offending party, by issuing a temporary injunction in mandatory form, to restore the status quo ante. "We hold that "this principle is in consonance with fair administration of justice and this power of making an order of mandatory injunction on an inte......asting whereas the first Advocate Commissioner in his report dated 22.10.90 stated that only some pillars were partly constructed at that stage upto a few feet. The judicial anger and wrath of the trial Court on such a flagrant and contumacious violation of the Court's order runs through its ela..Category: Civil Law | Date: | Hits: 106
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....said findings without paying regard to the facts, circumstances and situations under which the appellant had to file the application for amendment of plaint in the earlier suit. The appellant had the right to seek an amendment of plaint for incorporation of events and situations that developed and t......ked together can be amended according as the plaintiff wishes to lay stress on either the first suit or the second suit, having regard to the fact that he is obliged to pursue the two suits basically for the same remedy……………(10 & 15) Lawyers Involved: Fazlul Haque, Advocate (app......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ...... by collusively changing bainapatra the area to be sold was shown as 1.09 acre. The appellant trespassed into the suit land and the suit was false. 4. In June, 1986 both sides adduced evidence the trial of the suit. But at the time of argument the defendants’ lawyer pointed out that summons and..Category: Property Law | Date: | Hits: 59
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sment. But it appears that the respondent annexed Annexures-A and B to his revisional applications which are not part of prosecution materials. Those are the defences of the respondent which he has a right to adduce if and when a charge is framed against him and if he has to face the trial. A Crimin......to outrage her modesty. In the morning of 7-8-87 the appellant put pressure on the respondent to marry her. The appellant took her to an office and went away on the plea of procuring necessary papers for the marriage, leaving her alone in that office. The respondent waited for him throughout the who...... Rail Road, Jessore in his report to the Chairman of the Society, contained in Annexure-B, stated that the appellant also filed a petition to the Secretary, Ministry of Social Welfare and Women’s Affairs alleging that the respondent raped her on 9.8-84 at 3-30 PM and the said allegation was found ...... applications which are not part of prosecution materials. Those are the defences of the respondent which he has a right to adduce if and when a charge is framed against him and if he has to face the trial. A Criminal proceeding cannot be quashed on the basis of defence materials which are still not..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....das vs. Gorakhram Gokalchand, AIR 1964 (SC) 1348. 14. Section 23 (I) of the Small Cause Court Act, however, provides that “Notwithstanding anything in the foregoing portion of this Act, when the right of a plaintiff and the relief claimed by him in a Court of Small Causes depend upon the proof ......of purchase from one Moniruddin on the basis of a registered kabala dated 1 May 1964. On 15 May 1972 he rented out the premises to the defendant on monthly tenancy at a rental of Taka 25.00 per month for a period of 4 years ending in 1976. Subsequently, the tenancy was extended on enhancement of ren......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......gle Judge of the High Court Division in Civil Revision No. 6930 of 1991 (Dhaka) setting aside the judgment and decree dated 15 July 1985 passed by the Small Cause Court Judge, Bogra and directing the trial Judge to return the plaint to be presented to ‘a Court having jurisdiction’. The heirs of ..Category: Tenancy Law | Date: | Hits: 87
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