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SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....n of curtailing the three items and reducing the same into one and to reduce the rate accordingly. The plaintiff received payment of running accounts without any objection and, as such, waived his right in claiming payment on the basis of three different rates. The Field Officers of the defendan......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 ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......ned himself and produced a number of documents to substantiate his case. On the side of the defendant, however, no witness was examined, but they filed the correspondence to support their case. The trial Court after considering the papers on record as well as the testimony of the witness held th..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....een brought by Jagadish Bhattacharya and Parul Bala Debi for alleged arrears of rent of Rs. 19.00 only in respect of 7.56 acres of land appertaining to different Khatians, shown as held in tenancy right under them, by the present petitioners and another. The said rent suit appears to have been f......ompromise decree in Rent Suit No. 602 of 1962 in a proceeding under section 151 of the Code of Civil Procedure. 2. The decree set aside by the impugned order was rendered on 4-1-63 in the aforesaid rent suit purported to have been brought by Jagadish Bhattacharya and Parul Bala Debi for ......dicated that the matter was disposed of in a perfunctory manner by the trial Court. The applicant, in regular hearing, may or may not succeed in establishing this part of her case; nevertheless, a fair opportunity for a regular hearing of the petition cannot, in my opinion, be denied to her. In ......portunity to contest the said application is of substance. It is, therefore, necessary to afford them an opportunity to contest the proceeding. Naturally, the case shall have to be remanded to the trial Court. 7. We may next turn to the second point urged by the learned Advocate for the ..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....has not been challenged. No attempt whatsoever was made to show that the husband did not give the power of Talak-e-Tawfiz to the wife. The wife asserted before the court that she had exercised her right of Talak-e-Tawfiz. Quite independently of the final determination of the question whether the...... August 13th, 1970. Cases Referred to: Lai vs. The Crown (1954) 6 DLR (FC) 38; PLD 1954 (FC) 95; State vs. Umed Ali (1963) 15 DLR 712. Lawyers involved: No one- both for the Appellant and Respondent. Appeal No. 174 of 1968. Judgment: &nb......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......sed Golam Kader is directed against the order of conviction and sentence passed on 29 February 1968 under section 366 of the Pakistan Penal Code. The appellant, along with two others, was placed on trial on charges under sections 366 and 376 of the Pakistan Penal Code for abducting one Sharifunn..Category: Criminal Law | Date: | Hits: 59
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....mperor vs. CA Mathews AIR 1929 Cal. 822, wherein a Division Bench of the Calcutta High Court observed that in warrant case until the stage provided for in section 256 is reached the accused has no right to cross-examine and consequently the evidence of a witness given before framing of the charg......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. ...... of PW 5 Afaz Howlader regarding what he heard after the occurrence is not also admissible inasmuch as he does not state from whom he heard about the occurrence. The appellate Court as well 'as the trial Court has taken into consideration the inadmissible parts of the evidence of PW 5. They have..Category: Criminal Law | Date: | Hits: 82
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....rder that this incapacity shall, for the purpose of this Act, continue to be treated as total incapacity.................." In this case (1929 AC 642) a minor lost the sight of his right eye through an accident. Subsequently he became physically able to take up his normal employ......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......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......nbsp; Vs. Chairman EPRTC.... ............Respondents Judgment March 24th, 1970. Cases Involved: Muslim Cotton Mills (Pakistan Industrial Development Corporation vs. Din Islam 11 DLR 165; Agent, East Indian Railway vs. Maurice Cec..Category: Labour and Industrial Law | Date: | Hits: 118
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......Keramat Ali, Ayub Ali, Seramat Ali, Sabir Mia, Sultan Mia and Ismail under sections 379 and 447 PPC and sentencing each of them to pay a fine of Rs 20 in default each to suffer simple imprisonment for 15 days. 2. The case for the prosecution, briefly stated, is that complainant Probhat C......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......ners to make a reference to this court. Thereafter the petitioners obtained this Rule. 4. Mr. A Wahab, the learned Advocate for the petitioners, argues that the judgment of the trial Court is bad in law inasmuch as there is no finding regarding the intention in respect of the..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....osely with-held those witnesses and reports and in the absence of their evidence and reports, the plea of insanity raised in the case cannot be safely decided and in the circumstances the accused can rightly complain that he has been prejudiced in the trial. 8. The defence does not challenge the ......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. ......ocal police investigated into the case and submitted charge-sheet against the accused. After a preliminary enquiry by a competent Magistrate the accused was committed to the Court of Sessions to face trial under sections 302 and 307 PPC and was thus put on trial before the Additional Sessions Judge,..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....f the mother of plaintiff had no legal validity whatsoever and, as such, the subsequent suit in a civil Court on this debt if it is otherwise maintainable, was maintainable and the learned Munsif was right in his decision on this point. The learned Subordinate Judge was wrong in holding the award is......ents Judgment May 6th, 1970. Cases Refered to- Ali Dewan and another vs. Akram AH Prodania and another 17 DLR 343; 41 CWN 257 (PC); AIR 1948 (PC) 168. Lawyers Involved: MA Rouf —for the Appellants. Not Represented—the Respondents. Appeal from Appellate Decree No. 906 o......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......ants and it has been ascertained by local inspection that the defendants is true and, as such, the plaintiff is not entitled either to the decree or to the compensation. 3. Both the panics went on trial and the trial Court on consideration of the evidence decreed the suit. The learned Subordinate..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......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......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ...... the preliminary enquiry, committed accused Tomiza Khatun under section 302 PPC accused Amina Khatun, Soley alias Soleman and Monglu under sections 302/34 PPC to the court of session to face their trial. But in the Court of Sessions all the four accused were charged under section 302/34 PPC. The..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....on 26.11.49 in a revenue sale and took possession therein on 20.8.51. It is the further case of the plaintiff that although the defendants were found in possession of the lands in suit they have no right, title and interest in the same nor their alleged interest is protected under the prevalent l......i Probha Nag in 53 1C 188; Faruzuddin Mondal vs. Tahirannessa Bibi and ors. 15 DLR Dacca, 214. Lawyers Involved: Farid Ahmed, Advocate—For the Appellants. Mahmudul Islam for BN Chowdhury, Advocate—For the Respondents. Appeal from Appellate D...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......ield book forming the part of the decree. As such, the submission of Mr. R Farid Ahmed as referred to above cannot be satisfactorily disposed of. It is, therefore, directed that the record of the trial Court be sent down to that court for having the said areas demarcated and shown in the case ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....there is no note to show that this child witness was tested by the Court to determine whether he was capable of giving rational answers to questions and whether he was capable of distinguishing the right from the wrong. In view of the absence of such note, either in the deposition sheet or in the......ondemned Prisoner. Death Reference No. 6 of 1970 and Appeal No 237 of 1970. Judgment: TH Khan J: This is a Reference under section 374 of the Code of Criminal procedure for confirmation of the sentence of death passed on the condemned prisoner Abdur Rashid under secti......hould be sent back for retrial of the condemned prisoner on account of the belated appointment of an advocate by the State to represent him at the time of trial. The learned Legal Remembrancer was fair enough to draw our attention to the decision reported in 22 DLR at page 289 of a Division Benc......ony of this child witness should be discarded in its entirety. We find ourselves unable to accept this contention. Notwithstanding the absence of such note, which is, however, generally made by the trial Court, by putting a few questions, it is evident from his testimony in the dock that he was q..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....of the suit property under the defendant No. 1 the Province of East Pakistan in which the other defendants namely, defendants 2 to 7, have no title. Originally the suit land was held in under raiyati right by one Baker Ali under Wakf Estate whose Mutawalli was one Shayesta Khan. The Wakf Estate brou...... 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:......ee passed by the Additional District Judge, Chittagong, in Other Appeal No. 245 of 1966 where in the 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 ..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....) of the Registration Act as the same was barred under section 4 of the East Pakistan Disturbed Persons (Rehabilitation) Ordinance, 1964. It was further pointed out that the respondent No. 2 acted rightly in not taking further action in the matter when subsequent prayer for registration was made...... Judgment: Muksum ul-Hakim J: Sree Khetra Nath Majumdar and Sree Judu Nath Majumdar, sons of Rajendra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.00 the deed of sale was presented by the vendors before the ......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......n 26.1.1965, the petitioner filed a title suit being Title Suit No. 50 of 1966 before the Subordinate Judge, 4th Court, Dacca, for a direction to the respondent No. 2 to register the Sale Deed. The trial Court however, by his judgment and decree dismissed the same. Thereafter the petitioner filed..Category: Property Law | Date: | Hits: 73
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
.... of Subordinate Judge, Chittagong in Other Suit No. 157 of 1994 in which the suit for declaration of title was decreed. 2. The plaintiff-petitioners claimed settlement of the suit land in raiyati right in favour of one Noor Hossain under defendant No.1, Zilla Parishad, and Chittagong. The RS rec...... (From the judgment and decree dated -1 -1998 passed by the High Court Division Dhaka in FA No 39 of 1995). Judgment: Mustafa Kamal J.- The plaintiff-petitioners have preferred this petition for leave to appeal from the judgment and decree dated 22-01-98 passed by a Division Bench of the Hi....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......f, the predecessor of the plaintiffs, are wrong and have no basis. The transfer of the suit land by Noor Hossain and all subsequent transfers are collusive, illegal and unproductive. 4. While the trial Court decreed the suit the High Court Division in First Appeal dismissed the suit. 5. Dr. ..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....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. ......;…..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. ......Code should be liberally construed. The reasons for such approach are not far to seek. In the first place, abatement of a Suit precludes fresh suit on the same cause of action, although there is no trial on merit of the case. An order of abatement never goes to the merit of a dispute between the..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......l Procedure, 1898 (V of 1898), Section 491 It is entirely unacceptable that a young girl who is an innocent victim of the alleged offence should remain in an unwholesome atmosphere of a jail for an indefinite period. The victim girl on medical examination found 18 years of age by two doctor......e learned Magistrate after recording her statement sent her to jail custody. 5. In her alleged statement before the Magistrate she (giving her present name as Umme Salma) stated that she had an affair with accused Salam from 3/4 years before, that her father wanted to give her in marriage elsewh......of the radiologist which is more acceptable shows that the girl was about 16 years of age in May, 1997. Prime facie it appears that the victim girl is a minor (final determination will be made at the trial) and she is a victim of an alleged offence committed. by the accused. She was put to judicial ..Category: Criminal Law | Date: | Hits: 71
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....aka-1141 3-Regn. dated 9-12-52. Award for compensation for the acquisition of the said land was duly prepared in the name of the owners after serving notice properly. The writ-petitioners have no right to construct any building structure on the acquired lands which absolutely vested in the Gove......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......gone into incidentally in order to declare the action of the government officials in pulling down the structures of the respondents to be without any lawful authority. Mr. Ahmed, however, has been fair enough to submit that in order to allay the misapprehension of the petitioners an observation ...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... 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.......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....... appeals partly centre round the interpretation of Article 34 (1) and Article 34(5) of President’s Order No. 128 of 1972 it will be profitable to fully quote the same: “34. (1) Where any industrial concern which is under a liability to the Sangstha under an agreement makes any default in pay..Category: Property Law | Date: | Hits: 77
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......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. ...... the learned Special Judge. A preliminary inquiry was held by an Officer of District Anti-Corruption Bureau and an FIR was lodged against the accused-petitioner, charge-sheet was submitted and before trial the petitioner was charged under the above sections. 4. The defence case is that, accused ..Category: Anti-Corruption Laws | Date: | Hits: 73
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...... 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. ......plication under section 561A shall be premature.” 7. This general observation is not at all correct. Section 265C in Chapter XXIII speaks of discharge of an accused in a trial before Court of sessions. Section 241A in Chapter XX speaks of discharge of an accused in a t..Category: Criminal Law | Date: | Hits: 69
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