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Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
.... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ...... Vs. Mohammad ...................................Opposite Party Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as well as for t......mindar Manmatha Bennerjee purchased the estate including the suit tank from the legal heirs of Syama Sundari Dasya and thereafter Zaminder of Bhagyakul, Gunendur Krishna Roy Bahadur after obtaining a money decree against Monmatha in Money Suit No.34 of 1934 in the First Court of the Subordinate Judg..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....sh Chandra Poddar, Joy Durga Daysa, Govinda Chandra Poddar, Mem Chandra Chowdhury, Nawab Ali Chowdhury and others in odd shares and their names with their shares were correctly recorded in the maliki claim of C.S. Khatian. Nawab Ahsanullah Bahadur represented by Manager, Court of Wards Estates,......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. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Hazrat Ali & Abdur RahÂman Vs. State, 1989, 18 CLC (HCD)
....the case…………..(35) Confessional statement and allegation of torture Mere denial that the confession was not voluntary is not sufficient. In order to justify such claims, it should be proved that the confession was the result of torture and maltreatment&hell.............................................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...... the driver Sapan Kumar Mitra and his helper Mashiur Rahman but they were not traceable any where. The informant suspected that some miscreants abducted them or murdered them for taking away the money and the valuable's from them and also for hijacking the truck. The informant suspected Haz..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....th) for enquiry and after enquiry the relevant Magistrate directed the plaintiff to vacate the suit land and to hand over possession of the same to the defendant. The threat of the Magistrate and the claim of defendant No.2 having cast a cloud on the plaintiff’s title, the suit was filed for a sim...... Latifur Rahman J.- This appeal is diÂrected 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...... Areng while owned and possessed the Suit land entered into a contract to sell the suit land to the plaintiff at a consideration of Taka 45,000/- on 15.1.63. The plaintiff paid Taka 4,000/-as earnest money and a bainapatra was executed in faÂvour of the plaintiff and the defendant No.1 put the plai..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....ared before the Sessions Judge, Narayanganj on the same date i.e. 19.7.88 and prayed through her Advocate that she should be released in the custody of her husband accused Md. Shahidul Islam when she claimed to have voluntarily married. The Sessions Judge, Narayanganj by his order dated 19.7.88 sent......oÂcate Mr. S.S. Haider made his submissions and on behalf of the State the learned Advocate Mr. S. B. BaÂrua made his submissions.
3. The facts of the case, in short, are that on 8.6.88 First Information Report was lodged at AraiÂhazar P.S. by Sukumar Chandra Das, son of the peÂtitioner and ...... Shahidul Islam of my own free will. I want to live with accused Shahidul Islam who is my husband. I will not go to live with my .parÂents in their house. Accused Shahidul Islam will be able to earn money and maintain me by doÂing some business".
6. Undisputedly Ranjana Rani Das is not an acÂc..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....e sold from time to time by the Bank and the loan was reduced substantially and as on 23rd November 1963 the loan stood at sixÂteen lacs and odds. 3. Plaintiff filed suit on 24th November for a claim of Taka 24 lacs and odds. As has been noticed he filed an application for attachment before ju......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......om one crore and odds it was reduced to only sixteen lakh as on 23rd November, 1983. 9. Now Mohammad Meah, the breaker, became alert to the situation when his dues remained un-paid. He filed the money suit on 24th November, 1983 for Taka twenty four lacs and odds and the scraps in the ship yard..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....der of conviction and sentence passed by the Additional DiÂvisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......cates—For the Appellant. Amirul Kabir Chowdhury, Advocate—For the State. Criminal appeal No. 76 of 1983. Judgment AM Mahmudur RahÂman J.- The accused appellant was convicted for having committed the offence of criminal breach of trust by the Additional Divisional Special Ju......t the appellant was a tax collecÂtor of the Pourashava from 19.9.77 to October, 1982 and Shanti Mohan Chakma submitted an application Ext. I with the allegations that the appellant misapÂpropriated money of the Pourshava. P.W.1 proved the application Ext. I and the signature of Shanti Mohan Chakma..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....appeal is, thereÂfore, not maintainable on this ground also. The appeal accordingly is summarily disÂmissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......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 inforÂmant Firoza Begum is directed against the order datÂed 27.4.87 passed by Mr. A.J. Mustafa, Spe......r for which she brought Tk. 20, 000/- from her father on different dates and handed over the same to her husband, the accused respondent; that still the accused made pressure on her for bringing more money from her father as dowry which (having) not been done the accused seriÂously beat her and dro..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....ot get actual possession of the land as the puisne mortgagee, Pran Krishna; was admittedly in possession. Pran Krishna was not made a party by Sristidhar in his Mortgage suit. Plaintiff, Chandra Bala claimed that Sristidhar was going to take legal action to recover possession from Pran Krishna where......11 An adverse finding against a defendant when the suit is dismissed is not res judicata in a subsequent suit interparties. But if the adverse finding is actually the decision of the suit and it forms a fundamental part of the decree, then it will operate as res judicata. Adverse finding agains......is successive transferees, such as Akhil and Haradas and thereafter Chandra Bala, took any legal action for recovery of possession or to be redeemed by the second mortgagee on payment of the mortgage money till Chandra Bala, the third transferee, filed the instant suit in 1957-35 years alter the dec..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....nce 02.11.62 in view of the compromise decree declaring the right of petitioner and Parul Baba Roy in the entire property in equal share and undisputedly they never went to India. So the respondent's claim that the property having belonged to Hrishikesh Roy and he having left for and remained in Ind......e right in the 8.23 acre of lands which she had been possessing all through by living in BangÂladesh and erstwhile East Pakistan and by paying rents up to 1389 B.S. But after that her offer of rents for 1390 B.S. was not accepÂted on behalf of the government. 3. Thereupon the petitioner started......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....der section 115(1) C.P.C. The application is, therefore, summarily reÂjected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......arker, SuborÂdinate Judge, Rajbari in Misc. Case No.13 of 1986 arising out of Money Suit No. 1 of 1985 allowing the said Misc. Case and vacaÂting 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...... on record and found that it was genuinely not possible for the plaintiff to appear in the suit without the relevant connected papers and regisÂters relating to the alleged misappropriated amount of money which were seized by the D.A.B. and were with the prosecution in the connected criminal case. ..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....perty was not an Enemy Property.
4. After the trial the learned Muniif found that the suit was maintainable, that the suit was not barred by limitation and that the plaintiff had proved the claim. Accordingly he decreed the suit on contest against defendant No.1 with cost and ex parte...... 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.
..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......hahi, in Special Case No.13 of 1976 convicting the accused-appellant under section 409 of the Penal Code read with section 5 (2) of Act II of 1947 and sentencing him to suffer rigorÂous imprisonment for 7 (seven) years and to pay a fine of Taka 30,000/00 in default to suffer rigorous imprisonment f......minal Procedure. Sub-section (2) of section 222 of the Code of Criminal Procedure reads as follows:- "When the accused is charged with crimiÂnal breach of trust or dishonest misapÂpropriation of money, it shall be sufficÂient to specify the gross sum in respect of which the offence is alleged ..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
.... of the Indian Supreme Court in a case reported in AIR 1973 (SC) 205 where the Supreme Court held thus: "We are unable to hold that merely because the source of the right as the respondent claims was initially in a contract, for obtaining relief against any arbitrary and unlawful action o......howdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others…………………………&he...... effect on 4.4.84, that the petitioner had satisfactorily completed the development work of the first term. As to the payment of rent it is the case of the petitioner that he has paid the first lease money amounting to Tk. 1,20000/- for 1389 B.S when it came to the knowledge of the petitioner t..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....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. ......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. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......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 ......f the goods against post-dated cheques the petitioner had no intention to pay for the goods received against the post-dated cheques. There is also no statement in the petition that the petitioner had money for payment on a subsequent date. In this respect we may refer to a decision reported in ..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......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 ......the contract Tk. 6,000/- was advanced and subÂsequently another amount of Tk. 25,000/- was also paid to defendant. These facts are not denied. An attempt was made in the trial court to show that the money was taken as loan and the document that was executed was in fact a security bond for the money..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....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. ......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....... 35,000/- (Taka thirty five thousand) on 16.8.1981 against which an acknowledgement receipt was issued to the petitioner but the accused neither provided the petitioner with any job nor returned the money and thus cheated the petitioner of the said amount of Tk. 35,000/- and illegally misappro..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... 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. ......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....... 35,000/- (Taka thirty five thousand) on 16.8.1981 against which an acknowledgement receipt was issued to the petitioner but the accused neither provided the petitioner with any job nor returned the money and thus cheated the petiÂtioner of the said amount of Tk. 35,000/- and illegally misappropri..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....1.83 the complainant and the accused persons appeared. The case was heard. The Village Court observed in its order dated 1.1.83 that the complainant could not show any document in support of his claim of the land while the accused persons produced their documents in support of their title and p......order dated 15.1.83 passed by the Hathazari Union Village Court, Chittagong in U.P. Case No.16 of 1982-83 acquitting the 8 accused persons of the charge under section 379 of the Penal Code for taking away 100 aris of paddy (worth Taka 3,000/-) out of the possession of the complainant......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
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