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Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....urt Division while obtaining the Rule that she had given birth to a female child barely 5 months ago and that it would be injurious to the health of the baby and the appellant both to be placed under any type of custody at that critical stage. The High Court Division ought to have appreciated that i...... that she had given birth to a female child barely 5 months ago and that it would be injurious to the health of the baby and the appellant both to be placed under any type of custody at that critical stage. The High Court Division ought to have appreciated that in such circumstances the operation of......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
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....s order observing that the Bank was not a party to the Agreement for sale between the appellants and defendant No.1 and that the property having been in mortgage with the Bank the latter is not under any obligation to stay the execution proceeding. 3. We have heard Mr. Maksum-ul-Hakim, learned ......ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......due to lapse of date fixed. Then a suit for specific performance of contract being filed by the plaintiff against the judgement debtor defendants, in view of such facts the trial courts order staying proceeding of the execution case is perfectly justified and the High Court Division committed error ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... section 151 of the CPC being Miscellaneous Case No. 756 of 1985 for setting aside the ex parte decree dated 27.2.84 as against him in Title Suit No. 278 of 1983 on the ground that he did not receive any summons and he came to learn about the ex parte decree on 27.9.84 on receipt of notice in FMA Ca...... 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. ......of Order 9 rule 13 of the Code of Civil Procedure makes it apparent that due service of summons is an essential condition which must be satisfied before the Court can proceed to give a judgment. In a proceeding under Order 9 rule 13, CPC if a party satisfies a court that summons were not duly served..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
.... Ultimately the case was sent to the Special Tribunal for trial as an offence under section 4(b) of Ordinance No.LX of 1983 as triable under the Special Powers Act. 6. The prosecution examined as many as 10 witnesses, while the defence examined none. But its case, as it appears from the cross-exa......rence, after taking their meal, she along with her other sisters were sleeping. She was handed over to Nawshed by her elder brother Dhiman Malakar. At that time she was aged about 19 years. At that stage she was declared hostile by the prosecution and thereafter put to cross-examination. She sta......s that an application under section 561A of the Code of Criminal Procedure against an order of acquittal passed by the Special Tribunal does not lie before this Court, because at the relevant time no proceeding was pending which required quashment by this Court nor there was any chance of abuse of t..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....p;……………….(9) The horoscope of the detenu speaks that 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 ......ly refused to go to her father's house on the plea that she is major, she is a Muslim as she married a Muslim and as such it is not at all possible for her to go to her father's house at this stage. She looks a bit short and we said that you are minor. On our query she replied that her fathe......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)
....is discretion on judicial principle. .................. (5) Explanation of facts and circumstances and delay Delay, facts and circumstances shall be explained For admission in evidence any document, delay and facts and circumstances of the case shall be explained. Kanda and ors. ......lying this legal provision is to exclude evidence the existence of which at the date of the suit is doubtful and as to the genuineness of which suspicion may arise because it was produced at the late stage of the suit……………. (7 & 8) Court’s wide discr......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
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.....Respondents Judgment May 30, 1990. Result: The Rule is discharged. Delimitation of the area of the upazillas in question can not affect the petitioner who is not resident of any of the villages taken away by the Government by an impugned notification. The residents of the v......rticipated in the election accepting the delimitation of area of Nabinagar Upazila and after he failed to get himself elected in the said election held on 16.3.90 he filed this case at a belated stage suppressing pendency of the case filed by him in the Election Tribunal and as such challenge o...... Chairman of the Nabinagar Upazila Parishad and an important public figure of the locality at the relevant time must have knowledge of the delimitation of area not only from the time of the proceeding for delimitation of area but also from the date of publication of the same in t..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Ananda and others Vs. State, 1989, 18 CLC (HCD)
.... testimony of the victim girl who was herself declared hostile by the prosecution while she tried to protect another accused who is acquitted subsequently and the said witnesses having not narrated any facts implicating the accused in the act of knowledge or abduction initially and having not im......he does not know to whom the house at Dasarah village belongs but Swapan kept her there for 4/5 days after locking the door and on those days at every night Swapan raped her against her will. At this stage this witness was declared hostile and in cross-examination she stated that through the bambo......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)
....en found to have been retracted…………………………...(39) Presumption of correctness of confessional statement In the absence of any positive material to the contrary the presumption of correctness of recording the confessional s......r Rahman stopped the truck on the way at Matidali on the plea to respond to the call of nature; they all descended from the truck, brought out nylon ropes from the bag of Abdur Rahman and at one stage they suddenly caught hold of the driver Sapan Kumar Mitra and helper Mashiur Rahman and tied t...... that an accused may be convicted even on a retracted confession, if it is inculpatory and found to be voluntary and true. It has been further contended that prolonged police custody immediately proceeding the confession is sufficient, if not properly explained, to find the confession as i..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....89.
Result:
The Rule is discharged
Priority of determination of issues of law
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 ......ainable but liable to be dismissed.
5. Several issues were framed in the suit which ultimately became ripe and the date was also fixed for the purpose of pre-emptory hearing of the same. At that stage the defendant‑petitioners filed an application on 28.2.85 before the learned Munsif now Assi......at no further argument or evidence that the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit and no injustice will result from the such proceeding with the suit forthwith, the Court may proceed to determine such issues and if the findin..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
........................Appellant Vs. Mohammad Abdul Jalil Mea & others....................................Respondents Judgment March 13, 1989. Result: The appeal is allowed without any order as to cost. Cases Referred to- ILR Bom. Series Vol. 7 page; 34 AIR 1958 Punjab 335;......pecifically set up in the plaint. We must say that apart from what has been mentioned above, it is difficult for us to say that there was any such specific plea cither in the plaint or at the trial stage regarding adverse possession. We will refer here below to some statements of the law on advers......middle of 1975 and thereafter did not pay any further rent and consequently this defendant was bound to submit an application to defendant No.4 for eviction of the plaintiff from the suit land. The proceeding for eviction having been started by defendant No.4 this suit was filed by the plaintiff. ..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....Act, 1929 (as amended in 1984) and it was submitted that her alleged conversion to Islam is illegal, unlawful and ab initio void that she being a Hindu minor is not legally competent in law to give any consent to any marriage with a Muslim boy and as such she should be released in the custody of h......irl in her custody any more. The learned Sessions Judge by his order dated 3.8.88 asked the Director General of Health to take necessary steps for determination of the age of the victim girl. At this stage present Rule was issued on 21.8.88 and it was ordered by this Court on that date the proceedin...... Director General of Health to take necessary steps for determination of the age of the victim girl. At this stage present Rule was issued on 21.8.88 and it was ordered by this Court on that date the proceedings in criminal misc. case No.744 of 1988 in the Court of Sessions Judge, Narayanganj may pr..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... got no substance. Under the provisions of section 176 of the Contract Act, 1872 as well as under the terms of the transactions the defendants entered into with the Bank, the latter is free to follow any of the ways legally available to it for realisation of its dues. The Court will refrain from mak...... 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. ......ing of the lower court that the Bank did not take any step to realise its dues. In fact the Bank published advertisement for auction of the pledged goods, but the auction was stopped due to the proceeding between the parties and the parties knew about the matter. By the impugned order dated 5t..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....conclusion becomes obvious that the order of detention was passed for collateral purposes for which it has no sanction in law. The detention is illegal and the detenu is being held in custody without any lawful authority…………………(19 & 20) Case......here. If at any time before the Court directs the release of the detenu, a valid order directing his detention is produced, the Court cannot direct his release merely on the ground that at some prior stage there was no' valid cause for detention. The question is not whether the later order ......rder resulting in the effect in continuing the detention without any break which was the subject matter of the rule. 5. Back to the facts: The undisputed facts that have emerged in course of the proceeding are as follows: On the 14th of March, 1986 Syed Altaf Hossain, brother of the detenu..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....bundles were not found in the almirah. The matter was brought to the notice of the Branch Manager who personally verified the same and also found that the said 7000 pieces of 50-Taka notes were not anywhere in the strong room. 3. Defendant No.1 Nurul Hoque did not give any explanation of such......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. ......th 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 the plaintiff Bank opportunity to bring relevant papers. Thereaf..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....72 the President of Bangladesh promulgated President’s Order No.29 of 1972 vetting all properties and assets which were vetted in the Government of Pakistan or were vested in or managed by any Board constituted by or under any law or in the former Government of East Pakistan in the G......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.
...... Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52 the Appellate Division had the occasion to examine similar question whether the Government of Bangladesh is & necessary party in a proceeding with respect to vested property. Their Lordships held as under:-
“The first qu..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....t it was leased out to them before expiry of the previous lease and hence void and the said fishery was settled with the Basirpur Fishermen's Co-operative Society Ltd. By way of extension without any notice to the petitioner. The petitioner thereafter filed a Writ petition being Writ petition No......ne travelling beyond the terms of the contract or even beyond the tenure of the ordinary law of the land in this regard. 22. Mr. Isitiaq Ahmed the learned counsel for the petitioner at this stage submitted that this question of contract and its consequent maintainability plea had long bein......r took delivery of possession of that plot which if a part of the fishery of the petitioner. The petitioner was aggrieved by this auction. But this was not found enough as respondent No.2 initiated a proceeding for cancellation of the petitioner's lease of the fishery and in fact it has been can..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ing the acts or records of the acts— (1) of the sovereign authority, (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive of any part of Bangladesh or of the Commonwealth, or of a foreign country. 2) Public records kept ......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. ......cate case No.1784/68-69 and the plaintiff got the auction sale set aside through his benamder Kaiseruddin Kinu Bhusan also executed 'Muktipatra’ in favour of Rajendra on 14.4.400. The proceeding in the M.R. Case No.562 of 1970 brought by the plaintiffs over the suit land was illegall..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
.... is no term like 'final report’ in the Code of Criminal Procedure. But this term is used in the Police Regulations to denote a report in which police after investigation do not propose to prosecute any accused person even if he had been implicated in First Information Report. But if the Magistrate......ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ...... We do not find any illegality in the High Court Division's order directing inclusion of the petitioner among the list of the accused and for trial of the two cases in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This C..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....ed agent/dealer the petitioner used to sell the products of the Opposite party Firm on commission basis upon receipt of the paints on credit. The parties carried on the said business transaction for many years since 1960. After that towards the end of 1980 dispute started between them as the du......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......itioner 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 order of the Additional Session..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
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