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Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....No.375 of 1986). Judgment Mustafa Kamal J.- This appeal by special leave is directed against an order dated 25.9.86 passed by a Division Bench of the High Court Division, Dhaka refusing the prayer for ad interim stay while issuing the Rule in Criminal Revision No. 375 of 1986. 2. Resp......of Criminal Procedure, 1898 (V of 1898), Section 439 Whether High Court Division correctly exercise its discretion in not granting an order of ad-interim stay The appellant clearly stated before the High Court Division while obtaining the Rule that she had given birth to a female child bar......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....father late Shamsul Haque and prayed for appointment of a Receiver. On 20.6.1984 the petitioner along with other defendants entered appearance. They filed a written objection on 25.4.1985 against the prayer of appointment of a Receiver stating, inter alia, that the earlier Title Suit No. 287 of 1983......gst the compromising parties, to the exclusion of the opposite party No.1 (defendant No.8). This speaks of suppression, even fraud. Studied in the light of the decisions cited by the learned Advocate for the opposite parties, limitation was not a material point for decision of the Miscellaneous Case...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....dul Amin Chowdhury, JJ) on 21.4.89. Though the detenu was produced before their Lordships, they did not make any comment or observation as regards the age of the girl. Mr. SS Halder has made repeated prayer for bringing the victim girl before this Court again in order to examine her by us. On the pr......hat she was born on 29th of Agrahayan, 1379BS. But the said horoscope was made on a plain paper without any signature of its maker. Moreover, it is a private document which may be created at any time for any special purpose. It is very difficult to rely on such a private document which can be create......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....ration of title to the land described in the schedule of the plaint. Plaintiff‑Petitioners filed an application for amendment of plaint and learned Munsif on consideration of the matter allowed the prayer for amendment in respect of inclusion of certain plots into the schedule which were unintenti..............................Opposite Parties Judgment August 2, 1989. Result: The Rule is discharged. Non-exercise of discretion – an error of law The amendment sought for ought to have been allowed by the Trial Court inasmuch as amendment is necessary for determining......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....arayanganj for permission to sue for ejectment of defendant No.1 on the ground of default". In the said case defendant No.1 was directed to pay the rent with effect from 1.3.50 etc. and the prayer for permission to sue for ejectment of defendant No.1 was ultimately rejected. The appeal aga......hat he instituted Title Suit No.56/84 in the Court of Subordinate Judge, Narayanganj against the defendant opposite parties A.K. Murshed, Full Chand Mia, Rahatan, Milan Mia, Razzak and Aklima praying for a decree of declaration of plaintiffs title in .16 acre of plot No.131 (Shabek Pukurpar-at prese......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....ted. The absconding convicted accused having surrendered filed this appeal before this court against the judgment and order when a Single Bench of this Court vide order dated 25.5.87 rejected his prayer for bail made by appellant Ananda and suo motu Rule for enhancement of sentence was issued ag...... on 11.2.86 alleging that on 9.3.86 his daughter Afroza Begum alias Belly aged about 14 years went to Nasima's house to return a book. On her way back she met accused Swapan Kumar and one Montu who informed her that her elder sister Jahanara Begum became ill at her office at Goalchamat and she sho......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....laint about any police torture and, he himself also found no mark of injury on the person of the deceased. The confessional statement was marked as Ext.4. He admitted that the police also made a prayer for sending the accused to police remand at the time while he was forwarded before him f.............................................Respondent Judgment April 26, 1989. Result: The death reference is rejected with Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The Code of Criminal Proc......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....he Court shall give its finding and decision upon each separate issue of law as well as of fact and as such the learned Munsif, now Assistant Judge has not committed any error of law in rejecting the prayer for deciding the question of maintainability of the suit only and dismissing the same at the ......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......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
.... which in turn show that the plaintiff is in possession on the basis of contract and nothing else. In the plaint alternative title on the basis of adverse possession has not been pleaded and in the prayer portion as well there is no prayer that the possession of more than 12 years has matured into...... 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.......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...Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....ued at Taka eight lakhs and odds. He filed an application under Order 38 Rule 5 for attachment before judgment. It is necessary to detail here as to the scope of such petition under Rule 5. This is a prayer for attachment before judgment. Such prayer is allowed very sparingly because the jurisdict......no hesitation to hold that the plaintiff knew about the defendant's transaction with the Bank and that the vessel with all its materials was pledged to the Bank. The contention of the learned Counsel for the appellant that the Bank ought to have proceeded against the defendant's other securities has...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....Court Division made a departure from a view consistently held so far by trying to put a very narrow technical construction on the Rule it issued in the matter. The rule was issued mechanically on the prayer of the "petitioner where there was a superfluous prayer for a rule on the responden......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
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....tiff's case against the defendants are with the prosecution or with the Court in the aforesaid Criminal Case. Mr. Abdul Hannan, Subordinate Judge Rajbari by order No.13 dated 10.2.86 rejected the prayer made on behalf of the plaintiff Sonali Bank to stay further proceeding of the suit for giving......arker, Subordinate Judge, Rajbari in Misc. Case No.13 of 1986 arising out of Money Suit No. 1 of 1985 allowing the said Misc. Case and vacating the earlier order dated 10.2.86 dismissing the suit for default and restoring the Money Suit No. 1 of 1981 to its original file and number. 2. Plai......der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
.... plaintiff No.2. The same was simply ordered to be kept with the record. It is thus manifest that the Government was not brought on the record of the suit by any order of the Court. The fact that the prayer for addition was not allowed gets farther confirmation from the fact that in the decree frame...... 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......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)
.... There is thus no substance in this rule which need to be discharged. In the result this Rule is discharged but without any order as to costs. The stay granted earlier is hereby vacated. On the prayer of the learned Advocate for the petitioner let the operation of this judgment and order ......howdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others…………………………&he......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. ......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. ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....al Law Court ordered on 26.1.85 to send the case to the Court of Sessions. The accused petitioner appeared before the Additional Sessions Judge-in-Charge on 27.1.85 and prayed for bail. His prayer for bail was rejected on 11.2.83. Thereafter the accused petitioner went on praying for bail ......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......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. ......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)
....ide the order of the Additional Sessions Judge, 2nd Court, Dhaka in Criminal Revision No.316 of 1983 under sections 435 and 438 of the Code of Criminal Procedure rejecting the petitioner’s prayer for making a reference to this Court recommending quashment of the said Criminal Case. ......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. ......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
....s submitted charge sheet and the criminal case i.e. Kotwali P.S. Case No.6(2)79 under sections 420/471/109 of the Penal Code is pending. The Opposite party in order to defeat the criminal case made a prayer for stay of the proceeding of the criminal case pending disposal of the Civil Suit i.e. ...... Kotwali Police Station on 5.2.79 stating that the Opposite party was her monthly tenant in the house No.252, Road No.22, Dhanmondi Residential Area, Dhaka and while the petitioner was absent at Iran for about 7 (seven) years the opposite party taking advantage of that situation created a false Bain...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
.....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 extension of time. Hence the case is dismissed under section 203 Cr.P.C. It may be mentio......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......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....ved the report of O.C. Mirsarai P.S. dated 16.6.77 for adding Special Powers Act in the charge sheet of this case and after hearing the prosecution the Sub-Divisional Magistrate allowed the prayer. After completing further investigation Police submitted a report and the Sub-Divisional......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......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....ubmitted the report to the Chief Metropolitan Magistrate, Chittagong stating that for recovery of arms suspected to be in the possession of the detenu interrogation was necessary and accordingly made prayer for remanding the detenu to police custody for 5 days. The learned Chief Metropolitan Magistr......f the Penal Code, Case No.48(4)81 under section 394 of the Penal Code and Chandgaon P.S. Case No.13(4)80 under section 19(f) and section 19A of the Arms Act. Since 1980 the detenu was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364, Misc 11/......e report to the Chief Metropolitan Magistrate, Chittagong stating that for recovery of arms suspected to be in the possession of the detenu interrogation was necessary and accordingly made prayer for remanding the detenu to police custody for 5 days. The learned Chief Metropolitan Magistrate allowed......ned in the Chittagong Jail should not be declared illegal and why he should not be set at liberty or such other or further order or orders passed as to this Court may seem fit and proper. 2. The detenue Jamaluddin Ahmed alias Jamal Ahmed is the husband of petitioner Sultana Ara Begum. It is sta..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
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