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Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....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. ......iscretion 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. Vs. ..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Hazrat Ali & Abdur RahÂman Vs. State, 1989, 18 CLC (HCD)
....neck for a long period. Thus on giving our careful consideration to the delay in disposal of the reference and appeals along with other factors as extenuating circumstances, we think that the ends of justice will be sufficiently met if we commute the sentence of death passed upon the condemned ......the defence. The evidence of P.W.1 has been corroborated by the evidence of P.W.2 Ta-pan and supported by the facts that the truck was found to have been lying at Gohail on Bogra-Natore road with the documents of ownership therein and the motor accident case No.17/72 was started in Bogra police..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....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.......o.4 this suit was filed by the plaintiff. The defendant No.2 also denied the conÂtract of sale as set up by the plaintiff with defendant No.1. According to this defendant, the bainapatra is a forged document and the suit is liable to be disÂmissed. 4. The trial Judge decreed the suit. Being agÂ..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....u Mia, (4) Serajul Islam, (5) Fazlul Huq, (6) Abdul, (7) Abdus Salam and (8) Abul Kashem to surrender before the Upazila Magistrate, Araihazar on a date fixed, by him as they are still fugitives from justice in that Court of the Upazila Magistrate AraiÂhazar. Let a copy of this judgment be sent at ......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate AraiÂhazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....or praying for adjournment as the suit could not proceed without those essential documents. The learned Subordinate Judge took the view that in the facts and circumstances of the case for the ends of justice the order of dismissal should be vacated and accordingly he set aside the order of dismissal......l and restoration of the original suit. Soumendra Sarker, Subordinate Judge, Rajbari heard the Misc. Case No.13 of 1986. In his Court one witness was examined on behalf of the plaintiff Bank and some documents were exhibited to show that the necessary papers were lying with the Deputy Attorney Gener..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....rong standpoint.
22. From the above discussion I am inclined to hold that the Court of appeal below has fallen into error of law resulting in an error in the decision occasioning failure of justice. It has already been noticed that an application was filed by the plaintiff for additio......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)
.... mala fide. It has been further contended by the learned counsel that the petitioner’s lease was cancelled without giving him any show cause notice and it is violate of the principle of natural justice. 8. The learned Attorney General appearing for the respondent No.1 has submitted t......rnment had cancelled the same and it was done with authority and under the terms of the contract. 10. Syed Ishtiaq Ahmed, the learned counsel in reply submitted that under the terms of the lease document, namely, Annexure B (1) to the petition there is nothing to show that the, yearly rent for ..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. ......e Suit No.201 of 1956 in relying upon certain portion of the plaint of the said suit for the purpose of arriving at his finding in the appeal. He argued very strenuously that the plaint was a private document and this lower Appellate Court committed an illegality in basing his decision on the certif..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ance of the accused respondent we are of the view that imposition of a fine of Tk. 1,000/- (taka one thousand) only in default to suffer simple imprisonment of three months will meet the ends of justice. 19. This appeal is accordingly allowed. The order of acquittal passed by the Addi......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
....3. The petitioner submits that the prayer for stay which was made by the Opposite party was mala fide and with fraudulent intent only to defeat the criminal case and that the petitioner will suffer injustice by such indefinite stay and that the law did not provide for such indefinite stay of the cri......aid suit has been pending still since 1973. Thereupon the petitioner made the complaint in Kotwali P.S. about the forgery of the Bainapatra and about the accused's knowingly using the forged documents as genuine in the Civil Court and also for cheating. After due investigation the poli..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....ishad. 6. In this Rule Mr. M.A. Karim, the learned Advocate for the petitioner has put forward two points, namely, that the Court below committed an error of law resulting in miscarriage of justice by not giving due weight to the Admit Card Ext. 4, same as Ext. A, and by not adverting to t......site party No.1 examined 6 O.p.ws. including himself, O.P.w. 2 Habibur Rahman Talukder, the Presiding Officer, and O.P.W. 6 Aftabuddin, Police Officer on duty. The parties also submitted various documents. 4. The Tribunal found that the opposite party No.1 was 22 years of age on the date o..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....mance would involve no such hardship on the plaintiff. The plaintiff has not done any subsÂtantial act or surfer any loss in consequence of the contract. Hardship is to be judged in the scale of the justice and in the facts of this case non-performance of the contract would involve no such hardship......anced 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 advanced. The trial court, howe..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....o a decision reported in A.I.R. 1973 (Supreme Court) 1457 to highlight his submission that the judicial discretion of a Court in awarding sentence is as wide as the demand of the cause of substantial justice. 7. On the question at issue neither side has been able to lay before us any decision f......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)
....d to a decision reported in AIR 1973 (Supreme Court) 1457 to highlight his submission that the judicial discretion of a Court in awarding sentence is as wide as the demand of the cause of substantial justice. 7. On the question at issue neither side has been able to lay before us any decision fro...... 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
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....jurisdiction, illegal and contrary to law as such the continuation of the proceedings against the accused petitioner is an abuse of the process of the Court and should be quashed for the ends of justice. The simple answer to this argument advanced by the learned Advocate for the accused peti&sh......, one Bicycle (worth Tk. 1,500/), one 50 H.P. Launch worth Tk. 3,00,000/-) and 3 swords (worth Tk.600/-) (in all Tk. 11,87,460/-) that on challenge none of the accused persons could produce any valid document for their possession of these foreign goods and for bringing them into Bangladesh and that ..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
.... complainant and his witnesses. On 18.12.82 the complainant and his witnesses did not appear and did not make any prayer for adjournment through any one. Yet the Village Court in the interest of justice fixed 25.12.82 for examination of the complainant and his witnesses; but even on that d......nant's witnesses. On 1.1.83 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 s..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....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. ......ingapore. The plaintiff in their affidavit-in-reply has asserted that both the ships are owned by M/s. L.S. Line (Member of Lian Soon Group of Companies). The plaintiff has also alleged that the documents filed by it would show that m.v. CHERRY ORIENT is controlled, managed and possessed b..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile IndusÂtries and others, 1985, 14 CLC (AD)
.... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ....... Alexander 1912 1 Ch. 284-288). The Privy Council quoted with approval the following passages: AIR 1933 PC 31 “It appears to be well settled by the authorities that if the document or letters relied on as constituting a contract contemplate the execution of a furthe..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....District Judge is a Court and I have also decided above that if no provision is provided anywhere in the special Statute for granting a relief to the aggrieved party which is required for the ends of justice, he is to follow the procedure laid down in the Civil Procedure Code. So where the facts and......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
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