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....Where issues both of law and of fact arise in the same suit, the Court is of opinion that a case or any part thereof may be disposed of on the issues of law only, it shall try those issues first, and for that purpose may, if it thinks fit, postpone the settlement of the issues of fact until after th......been expressed by their Lordships................. (9)
Piecemeal trial discouraged
The general rule of procedure is that the trial of a suit should not be held piecemeal and in view of the amendment of rule 5 of Order 20 of the Code of Civil Procedure when issues have been framed, the Cou......tion of the defendant‑petitioners praying for dismissing the suit on the ground of maintainability.
2. The Rule arises in the following facts and circumstances:
3. The opposite‑party as plaintiff instituted a suit being OC Suit No. 98 of 1984 in the Court of Munsif, now Assistant Judge..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
.... Latifur Rahman J.- This appeal is directed against the Judgment and decree passed by the Additional Court of Subordinate Judge, Mymensingh in O.C. Suit No. 270/79 decreeing the plaintiffs suit for simple declaration of title. 2. The plaintiff filed a Suit for declaration of his title in th......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......981. Judgment Latifur Rahman J.- This appeal is directed against the Judgment and decree passed by the Additional Court of Subordinate Judge, Mymensingh in O.C. Suit No. 270/79 decreeing the plaintiffs suit for simple declaration of title. 2. The plaintiff filed a Suit for declaration of..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....ion of Bangladesh, 1972, Article 102 Materials were available to the detaining authority since March 1986, the detenu was a member of the Parliament and attending Sessions and thereafter he left for U.K. He came back on 22.6.87and when the bail order was passed on 27.6.87 the order of detention......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. ......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
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....l Kashem, Advocate - For the Appellant. Not Represented - the State. Criminal Appeal No. 412 of 1978 Judgment Fazle Hussain Mohammad Habibur Rahman J. - This appeal at the instance of informant Firoza Begum is directed against the order dated 27.4.87 passed by Mr. A.J. Mustafa, Spe......appeal is, therefore, not maintainable on this ground also. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......elow the rank of Sub-Inspector. This makes it clear that informant Firoza Begum could not complain directly to the Special Tribunal who has no jurisdiction to take cognizance on the basis of the complaint made by the complainant. He can take cognizance only on the basis of a report in writing made..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
.... thus:- One Taramoni, the mother of defendant No.1 Sabitri Barai instituted a suit being Title Suit No.397 of 1961 in the 1st Court of Munsif, Patuakhali against opposite party No.2 Surendra Nath Sen for declaration of her Title to 5175 acre of land recorded in plot Nos.7048, 7049, 7030, 7051 and 70......71. The clause (1) of Article 2 of this Order has been amended by the Bangladesh (Vesting of Property and Assets) (Amendment) Order, 1972 being President's Order No.134 of 1972. By virtue of this amendment properties and assets which were vested in any officer appointed, by the Government o......ought a suit being Title Suit No.12 of 1974 in the 1st Court of Munsif, Patuakhli praying for declaration that the aforesaid decree in Title Suit No.397 of 1961 was void and not binding upon the plaintiff by reason of fraud. The suit was originally instituted in the First Court of Munsif, Patua..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....nal District Judge, 2ad Court, Patuakhali in Title Appeal No.22of 1981 reversing those of the learned Munsif, Barguna made in Title Suite No.7 of 1974. 2.The plaintiff instituted this suit for establishment of title and confirmation of possession or in the alternative for recovery of......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......or the Petitioner. Moslem Ali Howlader—For Opposite Party No.1. Civil Revision Case No.83 of 1983. Judgment AM Mahmudur Rahman J.- This Rule at the instance of the plaintiff-petitioner is directed against the judgment and decree dated 23.1.1983 passed by the learn..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....e and the trial should not be stopped and the accused petitioner should not be released or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case for the prosecution is that on 29.10.78 at 17.00 hours in village Jahanpur, P.S. Fatickchari accused......ection 35(c) of Ordinance No.XXIV of 1982 as follows:— "35. Transitory provisions.—Notwithstanding anything contained in any other law for the time being in force or in any amendment made in the said Code by this Ordinance- ……………&hel......cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....min-Ur Rahman Khan J. - The petitioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the ......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......ed further that in fact the petitioner had stopped payment only because of having his dues on commission settled before payment of the cheques. 3 A. First of all we have to look into the complaint petition that was lodged by the opposite party in order to see whether the said complaint pct..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....ng upon the Deputy Commissioner, Chittagong to show cause why the proceedings in G.R. Case No.14 of 1984 arising out of Banshkhali P.S. Case No.4 (4)/84, under section 407 of the Penal Code pending before the Upazila Magistrate, Banshkhali, Chittagong should not be quashed or such other or farther o......d the papers on record. It appears that the case (was) instituted on 2.3.82 and the I.O. remained sitting idle over the (muter) till today. The time of investigation already ended much earlier as per amendments of section 167 of the Cr.P.C. On the other hand, the I.O. never submitted prayer for exte......e of I.O. the Government is going to lose more than taka one lac. Send the copy of the order sheet to the S.P. Chittagong for taking action against the I.O. Also send copy to O.C. P.S. for getting complaint afresh from the Food Department and arrange investigation." 3. Thereafter, it appea..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....the High Court Division, Rangpur Bench, First Appeal No. 122 of 1981. 2. Respondent as plaintiff filed the suit being Other Class Suit No. 10 of 1972 in the Court of Subordinate Judge, Rajshahi, for specific performance of contract dated 5. 8. 1970. The contract was for selling the residential ......have to be kept in view in totality while considering the ground of refusal of this equitable relief. 14. It may be noted that the item II had been retained in its entirety in India even after amendment, namely, whether the performance of the con tract "would involve some hard-ship on the def......l Haider Chowdhury J.- This appeal by special leave is directed against the judgment and decree passed by the High Court Division, Rangpur Bench, First Appeal No. 122 of 1981. 2. Respondent as plaintiff filed the suit being Other Class Suit No. 10 of 1972 in the Court of Subordinate Judge, Ra..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under section 364/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court......xist. The mere omission of the offences from the schedule cannot be intended to have the effect of destroying the rights and liabilities which arose under the Act. In view of the above, the amendment of the Special Powers Act by the Ordinance No.XL of 1977 did not have the effect of e......orce unless contrary intention has been expressly stated in the amending or repealing legislation. The date of occurrence, the date of lodging of the F.I.R. or the date of receipt of the F.I.R. or complaint by the Subdivisional Magistrate or the Upazila Magistrate or date of submission of charg..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)
....gment Md. Abdul Jalil J.— This appeal is directed against the order dated 21.8.85 passed by the learned Subordinate Judge, Patiya in Partition Suit No.270 of 1984 rejecting the application for appointment of a receiver under Order 40, rule 1 of the Code of Civil Procedure. 2. The app...... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ......ned Subordinate Judge, Patiya in Partition Suit No.270 of 1984 rejecting the application for appointment of a receiver under Order 40, rule 1 of the Code of Civil Procedure. 2. The appellants as plaintiffs filed the said suit for partition of joint properties described in the schedule of the pl..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....ioner. Md. Fazlul Karim, with M. A. Tariq— For the Opposite-Party No.1. Criminal Revision No. 56 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the instance of the informant-petitioner, is directed against the judgment and order dated 5.3.1984 passed by a Metropolit......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....ed - For the Petitioner. Md. Fazlul Karim with M. A Tariq - For the Opposite-Party No.1. Criminal Revision No.56 of 1984. Judgment ATM Afzal J.- This Rule, at the instance of the informant-petitioner, is directed against the Judgment and order dated 5.3.1984 passedby a Metropolita...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....November 11, 1985. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order 26, Rule 10 Whether acceptance of the report of an advocate commissioner for local investigation raises presumption of its correctness The Court is not at all precluded......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......Chowdhury J.- In this petition for special leave the point for consideration is the implication of report under Order 26, rule 10 of the Civil Procedure Code. 2. Defendant is the petitioner. The plaintiff-respondent filed a suit for declaration of title and recovery of khas possession after dem..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....llah with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff has filed a suit in Admiralty jurisdiction for realisation of Tk. 17,87,363.18 against the principal defendants for loss and damage to the carg......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ......ohammad— For the Plaintiff. M. Hafizullah with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff has filed a suit in Admiralty jurisdiction for realisation of Tk. 17,87,363.18 against the..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
....cted against order No.98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.91 of 1980 rejecting the defendant's application dated 26.9.1983 praying for addition of Bangladesh Railway and its General Manager as defendants in the suit. 2. T...... employee under him to run the said shop situated on the suit premises. 4. The plaintiff for the first time deposed in the suit on 17.8.1983 and on 11.9.83 the plaintiff filed an application for amendment of the plaint to introduce a story that he is a licencee with regard to the suit premises ......ng in Other Suit No.91 of 1980 rejecting the defendant's application dated 26.9.1983 praying for addition of Bangladesh Railway and its General Manager as defendants in the suit. 2. The plaintiff opposite party filed the said suit against the defendant for permanent injunction restrain..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....th the active help and connivance of all other accused persons. The complainant was mentally and physically tortured by the accused persons as she raised objection. The second marriage was fixed for solemnisation on 14.7.80. On 12.7.80 complainant Razia Begum was abducted by the accused pe...... the law making authority added the deeming provision in section 9 Cr.P.C. which is in Chapter II of the Code of Criminal Procedure dealing with constitution of criminal Courts and offices. After the amendment in question by Ordinance No.XXIV of 1982 section 9 Cr.P.C. reads as follows:— &......e No.298 of 1980 should not be set aside. Pending hearing of the Rule the operation of the impugned judgment and order was stayed. 2. Complainant opposite party Mst. Razia Begum lodged a complaint in the Court of the Chief Metropolitan Magistrate, Chittagong on 31.7.80 alleging as follows...Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....contested the said election and the appellant opposite party No.1 was declared elected as the Chairman by the returning officer. The respondent-petitioner filed Election Case No.1 of 1984 before the Election Tribunal Jhalokati (Munsif, 1st Court) on the allegations inter alia that the appe...... statute. 6. Originally, there was no provision of appeal against the decision of the Election Tribunal and its decision was final. The right of appeal has been given to an aggrieved party by an amendment of sub-section (3) and addition of sub-section (4) to section 29 of the Local Government (......gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
....Munsif, 1st Court at Sadar, Chittagong in Other Suit No. 109 of 1965. 2. The respondent Nos. 1-3 as plaintiffs instituted Other Suit No. 109 of 1965 in the 1st Court of Munsif, Sadar, Chittagong for declaration that bainanama dated 15.1.63 and kabala dated 8.3.65 executed by the plaintiffs are ...... 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 ......39;s appeal and affirming the judgment and decree dated 28.12.72 passed by Mr. Md. Habibullah, Munsif, 1st Court at Sadar, Chittagong in Other Suit No. 109 of 1965. 2. The respondent Nos. 1-3 as plaintiffs instituted Other Suit No. 109 of 1965 in the 1st Court of Munsif, Sadar, Chittagong for d..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
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