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Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....r submits that on consideration of the facts and circumstances of the case as well as delay being not explained for submitting the unregistered kabuliyat for admission in evidence, the learned Munsif rightly refused the prayer for amendment. It is further submitted the unregistered kabuliyat sought ..............................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)
....irements of first surrendering the possession of the property to the owner and then regaining the same through Court on establishing adverse possession. Defendant No.1 thus has got no legal right to set up the plea of adverse possession in the suit land. The defendants since 19.4.84 have r......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. ......n contest by judgment dated 27.1.83 which is reported in 35 DLR (AD) 178. The said SCC Suit No.5/70, the further proceedings of which remained stayed during the said interim period was made ready for trial after vacating the stay order in SCC Court of the 4th Court of Munsif, Narayanganj. Major Monw..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....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....... 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....... persons namely, Swapan, Ananda and Prem Charan under sections 366(a)/377 of the Penal Code read with Cruelty to Women (Deterrent Punishment) Ordinance, 1983. The accused were eventually placed for trial before the learned Special Judge when during the trial accused Swapan confessed to his guilt b..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....ppreciation of the evidence of the prosecution witnesses along with the confessional statements of the condemned prisoner and the circumstantial evidence have found the appellants guilty and has rightly convicted them. He has further submitted that the condemned prisoner Hazrat Ali and Abdur Ra.............................................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. ......ice after investigation submitted charge sheet against five accused including the two condemned prisoners under sections 302/34 of the Penal Code. 4. The accused persons were placed on trial before the Sessions Judge, Bogra having been charged under sections 302/34 and 201/34 of ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
...., the main portion of which reads as follows:
"Petri. moved. Heard. The suit is now at PH stage and there is scope to decide the matter along with other issues also and the petnr. has every right to get benefit of the law if it exists as claimed by the petnr. However, the petn. is rejected......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.
...... if the finding thereon is sufficient for the decision, may pronounce judgment accordingly. In DLR 30(SC) page 30 this views have been expressed by their Lordships................. (9)
Piecemeal trial discouraged
The general rule of procedure is that the trial of a suit should not be held..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....lawful possession and claiming adverse possession are two distinct and separate things. The most essential element of adverse possession is that the possession of a property by a person having no right to possess the property and such possession must be adverse to the true owner. The question of...... 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.......also denied the contract 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 dismissed. 4. The trial Judge decreed the suit. Being aggrieved by that, present appellant has preferred this appeal..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....dra Chandra Das submitted a petition before the learned Sessions Judge in the said Criminal Misc. Case No. 744 of 1988 stating that his daughter Ranjana Rani Das was a minor girl born on 12.9.71 as rightly recorded in the register of the Sultan Sadi High School and also in the Admit Card of S.S.......ocate Mr. S.S. Haider made his submissions and on behalf of the State the learned Advocate Mr. S. B. Barua made his submissions.
3. The facts of the case, in short, are that on 8.6.88 First Information Report was lodged at Araihazar P.S. by Sukumar Chandra Das, son of the petitioner and ......diction)
Present:
Fazal Hussain Mohammad Habibur Rahman J
Mahmudul Amin Chowdhury J
Sukhendra Chandra Das..........................Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Parties
Judgment
December 13, 1988. ......Upazila Magistrate, Araihazar in whose Court the said case is pending. The Sessions Judge by his order dated 6.11.88 made following uncalled for observations beyond his jurisdiction prejudicing the trial;
“উপরোক্ত অবস্থা বিবেচনা করিয়া দে..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....was as to the order of attachment and its implication. It is unfortunate that Rule 10 was not considered by any court which reads as under: "Attachment before judgment shall not affect the rights existing prior to the attachment, of persons not parties to the suit, nor bar any person ho......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...... The defendants account, account, No. C.A. 1862 was clearly mentioned in the notice published in the Daily newspapers. 38. It has been submitted that the High Court Division ought to have in all fairness and in equity upheld the order of attachment, as in this case the plaintiff will be left wi......of Taka 24 lacs and odds. As has been noticed he filed an application for attachment before judgment. Pubali Bank challenged the attachment order and prayed for vacating it. This was refused by the trial Court in Miscellaneous Judicial Case No.1 of 1984. On 29th March 1984 the suit was decreed ex-..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....d by order of the Court as he was confined in the Court precincts. 16. Therefore, I hold that the impugned order of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR......cates—For the Appellant. Amirul Kabir Chowdhury, Advocate—For the State. Criminal appeal No. 76 of 1983. Judgment AM Mahmudur Rahman J.- The accused appellant was convicted for having committed the offence of criminal breach of trust by the Additional Divisional Special Ju......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......the case submitted a charge sheet on 25.6.1982 against the appellant under section 409 of the Penal Code and section 5(2) of the Prevention of Corruption Act 1947. 3. The appellant was placed on trial before the Additional Division Special Judge who framed charges against the appellant under ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....om the house of the accused. Such allegation does not come within the mischief of section 6 of the Cruelty lo Women (Deterrent Punishment) Ordinance, 1983. The Special Tribunal No. III, Tangail has rightly found that he has no jurisdiction as Special Tribunal to frame charge u/s. 6 or any other ......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 informant Firoza Begum is directed against the order dated 27.4.87 passed by Mr. A.J. Mustafa, Spe......appeal is, therefore, not maintainable on this ground also. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......amined the witnesses u/s. 161 Cr.P.C. and submitted charge-sheet against the accused respondent u/s. 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 whereupon the case was sent for trial to the Special Tribunal, Tangail who transferred the case to the Special Tribunal No. III, Tan..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....and on the basis of her equity of redemption. 4. Defendant No.1 (Hriday) contested the suit denying title and possession of Chandra Bala contending that she got no title to the land and that her right of redemption, if any, was barred by limitation and, above all her suit itself was barred by t......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......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......ted 7-6-84 passed by the High court Division, Chittagong, in Second Appeal No.456 of 1968.) Judgment Shahabuddin Ahmed J. - This is a plaintiff’s appeal. She won on merits in both the trial court and the lower appellate Court, but in second appeal she lost as the High Court Division ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
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 rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......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. ......counsel for the plaintiff expressed his inability to proceed on rejection of a prayer for an adjournment and Fry, J. held that he could only treat the case as if the plaintiff had not appeared at the trial. Further if the impugned Judgment is read as a whole it will be found that it is not correct t..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....ities and those vested properties as enemy properties as past and closed transaction continued to be so in the Government of Bangladesh, and the Government acquired by the aforesaid laws all the right of management, control and disposal of the property by transfer or otherwise. Upon a true cons...... 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......nemy properties, shall vest in the Additional Custodian of Enemy Properly in East Pakistan which, in pursuance of the laid notification took over the management of the firm. This being the state of affairs the properties and asset of the firm were deemed to have vested in the Government of Banglades.......A. Khatian No.2071/1. Surendra Nath Sen was all along a citizen of erstwhile Pakistan and was never a citizen of India. It was asserted that the property 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 ..
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 rigorous imprisonment for 7 (seven) years and to pay a fine of Taka 30,000/00 in default to suffer rigorous imprisonment f......nder section 409 read with section 5(2) of Act II of 1947. 3. The defence of the appellant was that the other officer of the corporation including the Manager used to take various goods from the fair price shop without making payment. The unfair transactions by the Managerial staff continued ...... framed a charge of criminal breach of trust against the accused appellant in gross violation of the provisions of sub-section (2) of section 222 of the Code of Criminal Procedure and as such the trial was held in a mode not contemplated by the provisions of the Code of Criminal Procedure and as..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....f No.2 from C.S. Khatian No.749 (S.A.902) on 6.8.68 and1.72 acres to Dr. Anwar Hossain on13.4.64. Subsequently Fazlul Karim and others purchased the said land from Dr. Anwar Hossain who sold the right of reconveyance of defendant No.2 who redeemed the land. The suit land was auction sold i......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. ......8, 9 (ka) to 9 (gha) predecessor of defendant Nos.9,11 and 12 contended the suit by filing separate written statement. The suit was decreed by the learned Munsif. But on appeal it was remanded to the trial court. However, after remand defendant No.1 alone contested the suits by the filing a written ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....tial Law Court again before the Sessions Judge on 27.1.85, under the provision of Section 8 of Ordinance No.XXXVII of 1983 which came into force on 8.8.83 the accused petitioner has acquired the right to be released on 30 September 1985 on stopping the trial as the trial was not concluded ......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. ......g to show cause why the order dated 10.11.85 passed by the Sessions Judge, Chittagong in Sessions Trial Case No.103 of 1981 rejecting the petition of accused Ruhul Amin to release him on stopping the trial on 30th September, 1985 under the provision of section 8 of Ordinance No.XXXVII of 1983 s..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....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. ......instructed by N. H. Khondkar, Advocate-on- Record—For the Petitioner. Aminul Huq, Advocate-on-Record—For the Respondent No. 1. Not represented—Respondent No. 2. Criminal Petition for Special Leave to Appeal No. 85 of 1935. (From the judgment and order dated 20.5.85 passed b......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. ......2-12-82; but this order was erroneously interfered with, and complications were created unnecessarily, which may be ignored altogether. Inclusion of the petitioner among the list of the Accused and trial of two cases in the same Court according to the procedure of trial of Cross Cases is proper. T..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
.... 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. ...... 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...... specific performance of contract. The indefinite and sine die stay order that was passed by the learned Magistrate is not warranted by section 344 of the Cr.P.C. nor it is found to be a just or fair order. On this point there is a recent decision in the case of Rafique Ahmed Vs. Badiul Alam, r...... 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
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ...... to have been elected having obtained 3270 votes. The petitioner secured the second highest number of votes, namely 2957. The petitioner then preferred Election Tribunal Case No.6 of 1984 before the Election Tribunal and Munsif, Parshuram cited a number of allegations prominent amongs......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......e party No.1 gave a general denial of the aforesaid statement, but did not state as to what was his age on the date of election. He also did not say that his certificate age was wrong. 7. At the trial the petitioner as P.W.1 filed the certified copy of the Admit Card of the opposite party No.1 ..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
.... effect of change made in procedural law. In the case of Ram Singh Vs. The Crown, A.I.R. 1950 (East Punjab) F.B.) 25 it has been observed: ''It is well settled that no one has any vested right in any procedural rule and that therefore, any change in the procedural law has a retrosp......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. ......riminal breach of trust. If the F.I.R. discloses an offence against the accused; this Court in exercising jurisdiction under section 561A Cr.P.C. cannot convert itself into a Court of enquiry or trial to find out whether the accused petitioner actually delivered some salt or not or whether ther..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
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