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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 ......l to do so. The learned Counsel submitted that in two circumstances the Court may properly exercise a discretion not to decree the specific performance, namely, when it will give the plaintiff an unfair advantage over the defendant or where the performance of the contract would involve some hardsh......ing the necessary Income Tax Clearance Certificate, etc., the sale deed would be executed. Since it was not done, the respondent brought the suit for specific performance of contract. 3. The trial court decreed the suit. It was found that the parties had entered into an agreement for sellin..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....y were submitted were omitted from the schedule of the Special Powers Act, the question substantially is whether the offences which were committed before their omission from the schedule gave rise to rights and liabilities which can be presumed to have been destroyed by such omission. In my consider......23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under section 364/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......itted a report and the Sub-Divisional Magistrate sent the case to the Special Tribunal No.1, Chittagong who received the same on 16-5-78 and took cognizance of the offence on the same day. After trial Mr. Md. Mahbubur Rahman, Special Tribunal No.III, Chittagong acquitted all the accused persons..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......Kamal J.- This Rule obtained under section 115 of the Code of Civil Procedure involves a minor point of law. 2. The petitioner Muktad Hossain Majumder filed Election Tribunal Case No.4 of 1984 before the Upazila Munsif, Chouddagram and Election Tribunal for a declaration that the election of th......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......in submits that the powers and functions of the appellate forum that decides appeals from election disputes cannot be higher than the powers and functions of the Tribunal trying the dispute as a trial Court. As the Election Tribunal itself cannot entertain an application under Order 9 rule 13 C..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ...... Trial Case No.6 of 1984 convicting accused appellant Noor Mohammad under sections 304 Part I of the Penal Code. The accused appellant Noor Mohammad has been sentenced to suffer rigorous imprisonment for 10 years for committing offence under section 304 Part I of the Penal Code. No sentence has been......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ......ed accused Md. Hossain under section 164 Cr.P.C was recorded by Mr. Md. Atiqul Islam Chowdhury, Thana Nirbahi Officer but the statement was not made part of evidence by the prosecution at the time of trial probably because it was self exculpatory. After completing investigation of the case P.W...Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
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......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. ......f the Magistrate shows that the Opposite-party surrendered himself before the Court on 12.3.83 and was enlarged on bail on the following day. The accused, however, did not turn up at the time of trial and the Magistrate proceeded under section 339B (2) Cr.P.C. and tried him in absentia. Seven (..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...... 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. ......t of the Magistrate shows that the Opposite-party surrendered himself before the Court on 12.3.83 and was enlarged on bail on the following day. The accused, however, did not turn up at the time of trial and the Magistrate proceeded under section 139B(2) Cr.P.C. and tried him in absentia. Seven (7..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......November 11, 1985. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order 26, Rule 10 Whether acceptance of the report of an advocate commissioner for local investigation raises presumption of its correctness The Court is not at all precluded......lot Nos. 178, 181 and 183 and the related RS Plots. The learned counsel placed before us the evidence of the Advocate Commissioner and his cross examination. It was argued that in the state of such affairs the report should not have been accepted by the Trial Court. 8. The argument is attractiv......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......acts of the case are that on 18.11.83 Shamsuddin Ahmed, Senior Customs Intelligence and Investigation Officer, Chittagong lodged an F.I.R. at P.S. Patiya alleging in short that on receipt of secret information he along with 17 other Officers of the Customs Department reached Tanga Bridge at abo...... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......ything contained in the Code or in any other law for the time being in force, a Special Tribunal may take cognizance of an offence triable under this Act without the accused being committed to it for trial, but shall not take cognizance of any such offence except on a report in writing made by a pol..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)
....l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17. ......ed in Sessions Case No.73 of 1983 the Additional Sessions Judge, 2nd Court, Mymensingh convicted the two appellants under sections 302/34 of the Penal Code and sentenced them to suffer transportation for life. Against the said order the two appellants have preferred this appeal. 2. The prosecut......l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17. ......informant lodged the F.T.R. after the police Sub-Inspector went to his house. After investigation charge-sheet was submitted against the two accused and the learned Additional Sessions Judge held the trial of the two accuseds after drawing up a charge under sections 302/34 of the Penal Code. ..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
....tion and Tenancy Act, 1950 (XXVIII of 1951) When the suit land has been transferred to the appellants who are co-sharers of the vender in the tenancy by purchase, a contiguous land-holder has no right of pre-emption ……..(2) Transfer to a co-sharer by inheritance is not pre-em......r to the appellants is immune from pre-emption by a contiguous land-holder, by necessary implication. The appellants need not have joined the pre-emptor-respondent, because to join in the application for pre-emption filed by a contiguous land-holder is unnecessary. Under section 96 of the SAT A....... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ......n raised is found to have been correctly answered by the learned Munsif. 6. In the result, the appeal is allowed. The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
....rt will not decree a suit for specific performance of a contract the terms of which are uncertain. There being no concluded contract which could be enforced by specific performance, the suit has rightly been dismissed………....(9) Cases Referred To- Hyam Vs. Cubbay, AIR 19......dgment January 15, 1985. Result: The petition is dismissed. Breach of contract The plaintiff is to prove the mutuality of the agreement in an action for breach of contract. The idea of the purchase price, the offer of money or money valu...... 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. ......n agreement for sale and the earnest money of Tk. 1,00,001/- was paid but the price was fixed at Tk. 16,00,001,00 and not at Tk. 9,00,001/-. 4. Evidence was led by both sides and the trial court found that there was a contract between the parties and observed as under: ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
.... above grounds we hold that in the present case the Assistant Sessions Judge deemed to have been appointed as an Additional Sessions Judge under the proviso to sub-section (3) of Section 9 Cr.P.C has rightly exercised his jurisdiction by hearing end disposing of the revision in exercise of his power......th the active help and connivance of all other accused persons. The complainant was mentally and physically tortured by the accused persons as she raised objection. The second marriage was fixed for solemnisation on 14.7.80. On 12.7.80 complainant Razia Begum was abducted by the accused pe......aling with the provisions of the Town and Country Planning Act, 1947, made reference to the same principle and observed:— "If you are bidden to treat an imaginary state of affairs as real, you must surely, unless prohibited from doing so, also imagine as real the consequenc......nal Code. Thereafter the accused petitioners surrendered before the Metropolitan Magistrate who enlarged them on bail. Ultimately the said C.R. Case was sent up to the Court of Sessions for trial and the same was numbered as S.T. Case No.204/82. The said Sessions Trial Case remained pendin..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....power is restricted by any special provision of any special statute. 6. Originally, there was no provision of appeal against the decision of the Election Tribunal and its decision was final. The right of appeal has been given to an aggrieved party by an amendment of sub-section (3) and addition......contested the said election and the appellant opposite party No.1 was declared elected as the Chairman by the returning officer. The respondent-petitioner filed Election Case No.1 of 1984 before the Election Tribunal Jhalokati (Munsif, 1st Court) on the allegations inter alia that the appe......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. ......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
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ...... Criminal Misc. Case No.24 of 1984 the contemner Mr. Abdul Karim Sarker, Upazilla Nirbahi Officer (U.N.O), Chilmari, District Kurigram was asked to show cause on 19.3.84 why he shall not be convicted for contempt of Court for interfering with the administration of the justice by putting various pres......rrespondence with Government and Supreme Court through District Judge. (12) Making correspondence with District Judge in respect of office administration." 19. It seems to be fairly clear to us that Upazilla Magistrates and Munsifs are independent judicial officers in the Up......solutely incompetent to enquire into any matter connected with his conduct. He also stated that on 6-12-83 the contemner started lecturing the Munsif-Magistrate in his Court room while he was holding trial of a criminal case in presence of Mr. Nurul Islam, Advocate, Mr. Nurul Haque or Huda, G.R.O. a..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....he following:— "One stitched up transversed incised injury 1" in length (after cutting the stitches) seen on the upper part of the abdominal wall, about 1½" below and right to Zyphoid process of the sternum Stomach and intestine were seen to be cut corresponding to t......Judge, 3rd Court, Rangpur by his judgment and order dated 24.7.83 in Sessions Trial Case No.225 of 1982. 2. Death Reference Case No.7 of 1983 arises out of reference u/s 374 Cr.P.C. made by the aforesaid learned Additional Sessions Judge for confirmation of the sentence of death passed against ......is not seriously challenged by the defence. We do not find any reason why P.Ws.1 and 2 should be disbelieved. 12. Mr. Marfat Ali, learned Advocate for the condemned prisoner, submits that in all fairness the learned Additional Sessions Judge should have allowed sufficient time to the learned Ad...... Death Reference Case and the Criminal Appeal have been heard together and will be disposed of by the same judgment. 3. The prosecution case as stated by the informant P.W.1 Dula Mia at the trial is that deceased Abdur Rashid was his brother. The occurrence took place on the 10th Chaitra, ..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....aid confessions were not voluntary or that they were obtained by threat, coercion or inducement. On the basis of the said confessional statements appellants Emran Ali, Alkes and Firoz can be and have rightly been convicted under section 395 of the Penal Code. Besides, the confessions are corroborate......s allowed in full. When a recorded confession proves itself without calling the Magistrate who recorded it. When the confession has been recorded in accordance with law by observing all the formalities prescribed by law (i.e. by observing all the formalities prescribed by Ss. 164 and 364 C......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......Case No.83 of 1983. Both the two appeals have been heard together and will be disposed of by the same judgment. 2. The prosecution case as stated by the informant P.W.1 Monsur Rahman at the trial is that on 23-1-80 after dusk his brother P.W.4 Matiur Rahman and his Fufato brother P.W...Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....he miscreants went out of the house. Informant Zaheda Begum was unfastened by one of the miscreants. She rushed to their hut and found that her husband was lying death with knife injuries on the right side of the neck. The informant narrated various prior incidents suggesting enmity between her......981. Judgment Mustafa Kamal J.- Appellants Zaheda Bewa @ Zaheda Begum and Shah Md. Ali alias Shaheb Ali were convicted under section 302/34 of the Penal Code and sentenced to transportation for life each by Mr. Md. Rezaul Haque, Additional Sessions Judge, 2nd Court Rangpur by his judgment ....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......mit murder that night she opened the door. She asked Shaheb Ali to talk to her husband and she herself went out of the hut. On coming back she found her husband dead lying slaughtered. 5. At the trial the prosecution examined 9 witnesses and tendered 3 witnesses namely P.W.6 Abul Kalam, P.W.7 A..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......cted against, the judgment and order of the Sessions Judge, Pabna convicting the five accused appellants under section 302/34 of the Penal Code and sentencing each of then to transportation for life and to pay a fine of Tk. 1000/00. 2. The prosecution case was that on 14.2.81 deceased......ntu might perhaps have survived in the absence of the said two major operations or would have been cured in the event of any successful operation. However; faint the doubt may be, benefit must in all fairness go to the accused. In a situation like this we have no scope to find that the death of Shan......ege Hospital Shantu died on 16.2.81. There was post mortem examination held on his deadbody at Rajshahi. The Police after investigation charge-sheeted the five accused persons and they were placed on trial before the learned Sessions Judge upon a charge under section 302/34 of the Penal Co..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....scribed by any rule, order or direction made or given in pursuance of any of the provisions of this Order; (5) "Property" means property of any kind, movable or immovable and includes any right or interest in such property and any debt or an actionable claim, any security or negotiable ......ision of the Supreme Court by the Constitution of Bangladesh, vide Article 104 to do complete justice in a case, it is declared that Gannysons Limited is not an abandoned property. It should, therefore, be immediately released…………(17) Lawyers Involved: T.H. K......e Government. The Bank wanted to proceed against the properties which were offered as security against the loan obtained by the appellants before it was treated as abandoned property but in all fairness the Bank should have, made them parties as well as the Government and should have sought ......nst this order was dismissed by the High Court Division on 9 November 1982. The appellant Company, being aggrieved, moves this Court and succeeded in having the appeal against the order of the trial Court rejecting their objection under section 47 of the Code of Civil Procedure allowed. ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32.......witness must be exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Procedure shall have to be exercised subject to law of Evidence for the time being in force. Discretionary power of the Court cannot be exercised for helping the l...... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32.......though a note of caution was passed "that the ultimate responsibility of the Court to confine the parties to the pleadings should not be over-looked or lightly brushed aside.... It will be for the trial court to examine the propriety of those questions in terms of law". In view of this matter th..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
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