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.... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
........Respondent
Judgment
July 14, 1993.
Result:
The appeal is allowed.
Contract Act (IX of 1872); Section 10, 30 & 73
A person who is not party to the contract cannot enforce the terms of the contracting parties
A stranger to a contract cannot sue the other party....... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
......joint venture company, it is only this company who can claim compensation and damage, but not the plaintiff who is a share-holder in the new company.
18. We have gone through the judgment of the trial Court. Although, the objection as regards maintainability of the suit was raised, it was not d..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....eration to all aspects of the case, both legal and factual, we are of the view that the prosecution has been able to prove its case against accused A Rahim beyond all reasonable doubt and he has been rightly convicted and sentenced, but the conviction and the sentence of the other 3 appellants are b......e said appellants along with 4 other accused namely A. Khaleque alias Khalekul Jamal, Islam and Abdus Sattar under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and acquitting the accused Shakina Bibi. 2. Prosecution case, in short, is that on 9.1...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ....... On receipt of the charge‑sheet and observing all legal formalities, the learned Upazila Magistrate was pleased to send the case records to the Court of the learned Sessions Judge, Naogaon for the trial. The learned Sessions Judge received the case records on 24.12.88 for trial and registered the..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....IT, in its turn, also delivered possession of the land in Baridhara to the American Embassy followed by a deed of exchange which was executed and registered on May 21, 1984. The petitioner denied the right, title and interest and possession of the opposite party in die suit land. 4. The opposit......1. Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against the order dated June 15, 1991 passed by the Additional Assistant Judge, 5th Court, Dhaka allowing an application for amendment of the plaint of Title Suit No.13 of 1991. 2. The application for amendment arose...... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ......f law. 7. Mr. Shah Abu Nayeem Mominur Rahman vigorously canvassed that as the plaintiff was in possession before the institution of the suit and injunction was granted against the petitioner the trial Court did not commit any error of law leading to failure of justice in allowing the amendment ..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....so. The law of limitation is so inexorable that a person loses his good title on account of law of limitation. It may be desirable that something is done for the redress of the accused who lost their right of appeal and has very good case in their defence, but it is for the legislature to do. 1......ases concerned, appeal from which was barred by limitation, could be examined under section 561A of the Code of Criminal Procedure and whether the judgment of the tribunal could be quashed. 2. Before we enter into the facts of the cases the law in this regard has to be closely considered and se...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ......question. In exercising the jurisdiction under section 561A the High Court would not embark upon an enquiry as to whether the evidence in question is reliable or not. That is the function of the trial Magistrate and ordinarily it would not be open to any party to invoke the High Court's inh..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....e Association. The petitioner having not applied for fresh membership or revival of the membership of the Association, he could not practise as an Advocate of the Supreme Court. The petitioner has no right to practise without being a member of any of the Bar Associations. Since there is a provision ......mp; 4(5) The Bar Association is a welfare association of the members. The Purpose and object of the Bar Association as contained in Article 3 of the Constitution of Bangladesh provides for giving facilities to its members for conducting the profession using books and journals and othe......tor cannot sit as a judge. The persons named above who participated and delivered speeches in the meeting wherein the resolution appealed against was taken, sat to dispose of the appeal which was not fair. Mr. Salehuzzaman also finds difficulty to support their sitting in the appeal. However, it app......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....he Government regarding relinquishment of Government acquired land. The Railway Administration could not take any further step to finalise the matter of transfer of the land to the plaintiff since outright sale of Government acquired land to any private party is not permissible under Rules laid down......ppeal at the instance of the Plaintiffs is directed against the Judgment and Decree dated 29.8.85 passed by the learned Subordinate Judge, Narshingdi, in Title Suit No. 85 of 1985 dismissing the suit for specific performance of contract.
2. Facts out of which the present appeal arises, in short......d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
...... Parishad, filed the suit with the averment, inter alia, that the said Jinardi Union Unnayan Parishad was formed with the object of eradicating unemployment problem of the locality by setting up industrial and commercial ventures through collective efforts. The Unnayan Parishad filed an application ..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
.... of law was liable to be rescinded. As to the proceeding under section 374 CrPC we endorse the view adopted by the learned Judges in the High Court that if a prisoner decamps and thereby forfeits the right of audience, the sentence of death may be confirmed in his absence." 12. There is, t......ohammad Habibur Rahman J.—This Reference has been made by Mr. Md. Serajul Islam, Sessions Judge, Barguna in Sessions Case No. 84 of 1985 under section 374 of the Code of Criminal Procedure for confirmation of the sentence of death passed on 20.10.1990 upon absconding accused Abdul Khalequ......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......e said Sessions Case No. 84 of 1985, but a Division Bench of this Court in Death Reference Case No. 5 of 1988 by the judgment dated August 22, 1989 rejected the Reference and sent the case back for retrial relying on the case reported in 36 DLR 333 (State Vs. Imdad Ali Bepari),wherein it was held th..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......vision of law along with provisions of Section 364 of the Code of Criminal Procedure require to be strictly observed and followed to make the confession voluntary and true in the real sense to be fit for reliance for convicting an accused on his confession……………(7) ......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......llip;………(7) Whether confession of an accused used against other co‑accused It is true that confession of an accused may be used against other co‑accused in the same trial under section 30 of the Evidence Act. But that is for a limited purpose. In fact, a confession..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....y connected for protecting the interest of a private commercial Bank the sovereign state power to impound a passport, to which passport and travel document a citizen has a constitutionally guaranteed right, need not be exercised as that would be illegal being an act done traveling beyond the power a......sh; Powers given to an executive authority under the provision of a law need to exercise within the limits of the power and the law, following all the procedures that arc needed to be followed before that power is exercised and must be exercised justly, fairly and reasonably. All these are inte......rovision of a law need to exercise within the limits of the power and the law, following all the procedures that arc needed to be followed before that power is exercised and must be exercised justly, fairly and reasonably. All these are integral parts of the law itself and need not be super added&he......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
....zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
...... E to the writ petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. Case of the petitioner is that he was put on trial along with 22 others for offences under sections 395/397/436/109 and 412 of the Penal Code read with Regulation Nos. 1 an......zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
......or as evidenced by Annexure E to the writ petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. Case of the petitioner is that he was put on trial along with 22 others for offences under sections 395/397/436/109 and 412 of the Penal Code rea..
Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....n for the same ground of alleged violation of Banking Company Act is totally unwarranted and it can only be passed for the mala fide purpose of keeping the detenu in detention without a trial and his right to obtain a bail. 4. Mr. Mahabubur Rahman further submits, for the purpose of preventive ......District 315B Bangladesh, President of Chatkhil Upazila S amity in Dhaka, a member of the Managing Committee of his local Shahapur High School, Vice President of Wage Earners Association at Dhaka and former Government nominated Director of Baitul Aman Housing Co‑operative Society at Dhaka. He is a......cation under Article 102 (2)(b)(i) of the Constitution of the People's Republic of Bangladesh and is directed against an order of detention issued by the Assistant Secretary of the Ministry of Home Affairs, Government of Bangladesh under section 31(1)(a) of the Special Powers Act dated 28.4.92. ......Salim Hasan, son‑in-law of the detenu. The case of the petitioner is that the detenu is a law abiding citizen of Bangladesh. He is an educated, responsible member of the society engaged in the industrial and commercial activities. He is the chairman and director of the Sun Flower Textile Industrie..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ...... passed by the Subordinate Judge, First Court, Dhaka in Title Suit No. 43 of 1984. 2. Plaintiff Mr. AKM Bashirullah filed Title Suit No. 43 of 1984 in the First Court of Subordinate Judge, Dhaka for partition of their ejmali properties by metes and bounds. The plaintiff's case is that the p......rther submitted that the defendant No.7 did not sign the alleged solenama. 9. Under such contesting submissions, it is to be determined here as to whether the alleged solenama (Ext. A) is legal, fair and acceptable under Order 23, rule 3 of the Civil Procedure Code. 10. Order 23, rule 3 of......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....n support of their respective claims. The learned Munsif on discussion of evidence held that the land claimed by the defendants being completely different from the land in suit, the defendants had no right to interfere with the plaintiffs possession in the suit property. On the question of maintaina......;……Opposite Party
Judgment
June 23, 1992.
Result:
The Rule is made absolute.
Notice under section 152 of the Ordinance is a pre‑requisite in all circumstances for institution of a suit against the Paurashava for anything done in official capacity and that the......in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......was accepted on 5.2.1984. The Commissioner found that the suit land (SA Plot No. 1510) covers southern portion of CS plot No. 298 and that to its south lay the land of CS plot No. 279.
6. At the trial 3 P.Ws. and 2 D.Ws. were examined and the parties put into evidence some documents in support ..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....documentary evidence, clearly proved that these appellants along with die absconding accuseds in collusion with each other misappropriated the consignment with dishonest intention and the trial Court rightly on consideration of the evidence came to the finding of guilt of these appellants. He furthe......visional Special Judge found these appellants guilty of the charge under Sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced them to suffer rigorous Imprisonment for two years with a fine of Taka 5,912.00 each, in default to suffer SI for two months more. 2......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ......lf took up investigation of the case and during investigation the seized some documents and on completion of investigation submitted charge‑sheet. 8. These appellants were ultimately placed on trial before the learned Divisional Special Judge on a charge under sections 409/420/109 of the Pena..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....onnection between them. Contrary to this, the Court may hold two facts to be parts of the same transaction though they are separated by a vast distance of time or place. In other cases, it may be the right course to emphasis the factor of time and place and pay little regard to the community of purp........Accused-Respondents [Criminal Appeal No.8 of 1989]. Hamida Khatun................ Complainant-Petitioner Vs. Constable Lal Mia and others.........Respondents [Criminal Petiotion for Leave to Appeal No.91 of 88] Judgment May 14, 1992. Result The appeal is all......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......ylhet, in Criminal Appeal No.102 of 1984). Judgment ATM Afzal J.- Leave was granted in this appeal by the State to consider whether the High Court Division was justified in holding that the trial was vitiated by misjoinder of charges and persons and further in acquitting the respondents on..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
.... the plaintiff‑bank has resorted to his relief by the institution of the present suit against the defendant petitioners for realisation of its loan money with interest, it has no legal authority or right to sell out the pledged goods i.e. the turbine pumps during the pendency of the suit and as su......ted against two orders, one dated 17.4.90 and the other dated 12.5.90 passed by the learned Subordinate Judge, Commercial Court No. 1, Dhaka in Title Suit No, 280 of 1989 in respect of an application for permission for sale of the pledged goods during the pendency of the suit. 2. Short facts gi......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ...... gross miscarriage of justice. We have given our anxious consideration to the above submissions and we are of the view that in the interest of justice, the matter should be sent back on remand to the trial Court for rehearing with a direction to the plaintiff to serve proper and reasonable notice wi..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... execute and register a kabala of reconveyance in favour of the said vendor Musim Ali. Further case of the plaintiffs‑opposite parties was that they purchased by a registered deed dated 28.3.75 the right of re‑purchase from the said Musim Ali, the profoma defendant No.3 for a consideration of (T......d Additional Court, Sythet in Title Appeal No.160 of 1978 allowing the appeal and reversing those dated 12.12.77 of the learned Munsif, 1st Court, Moulvibazar dismissing the Title Suit No.232 of 1975 for specific performance of a Contract. 2. Facts giving rise to this Rule are in a nut‑shell ...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ......s. by way of reconveyance by kabala Ext. 1(B)". and accordingly by his judgment and decree dated 16.2.80 allowed the appeal on contest without cost, set aside the judgment and decree of the trial Court and decreed the suit for specific performance of contract on contest with costs against ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....r disposal of the Rule are as follows ‑ The opposite party No. 1 as plaintiff instituted Title Suit No. 183 of 1981 in the Court of the Subordinate Judge, Comilla for declaration of his rayati right and also title by way of adverse possession and for confirmation of possession in the suit lan...... Akhtar and Others................Opposite Parties Judgment February 5, 1992. Result: The Rule is made absolute. Code of Civil Procedure (V of 1908); Order 6, rule 17 Before allowing any amendment or alteration of the pleading, whether the Court must came to a finding ...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ......s judicial mind to the facts and circumstances of the case and the relevant laws and the principles in the light of our above observations. As we have decided to send the matter back on remand to the trial Court for re‑hearing and for rewriting a proper judgment and order, we do not like to make o..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....tiffs having discharged their initial burden of proving the contract the burden of proving it otherwise was shifted to the defendant and the defendant having failed to discharge the same the suit was rightly decreed by the Court of appeal below. In support of his contention the learned Advocate cite......etitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......f 1981, the same was heard by the learned Additional District Judge, 4th Court, Dhaka, who after hearing the same waspleased to allow the appeal on contest with costsand thejudgment and decree of the trial Court having been set aside the suit was decreed with a direction that the defendant No.1 do e..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. .......83(2)/89 under sections 448/366A/109/34 read with section 4(a) of the Cruelty to Women (Deterrent Punishment) Ordinance of 1984. 2. Facts, in short, are that the father of the victim girl the informant lodged the First Information Report with the police station under sections 448/366A/109/34 r......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......r and judgment we do not find any illegality with the order of the learned Court below to interfere in exercise of our revisional jurisdiction. 12. In the result this rule is discharged. Let the trial continue and come to an end as would be desired by both the parties. Communicate this ord..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
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