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Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....ent: 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. Result: T......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ......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 ......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

....lbemarle Supply Company, Limited Vs. Hind and Company (1928) 1 K.B. 307, Green Vs. All Motors Ltd. (1917, 1 K.B. 625), Koone vs. Thomas (1905) 1 K.B. 136, Cree v. All Motors Ltd., (1917, 1 K.B. 625). Bangladesh vs. Mohd. Abdur Razzak and another 28 DLR (AD), Hatton V. Car Maintenance Company, Limite...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ......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...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....ppellant Vs. Government of Bangla­desh and others.........Respondents Judgment March 20, 1988. Result: The detention is held to be illegal. The Constitution of Bangladesh, 1972, Article 102 Materials were available to the detaining authority since March 1......is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......ion of Bangladesh, 1972, Article 102 Materials were available to the detaining authority since March 1986, the detenu was a member of the Parliament and attending Sessions and thereafter he left for U.K. He came back on 22.6.87and when the bail order was passed on 27.6.87 the order of detention......is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....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. ......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. ......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. ..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)

....on (Special Original Jurisdiction) Present: Amin-Ur-Rahman Khan J Bimalendu Bikash Roy Chowdhury J Sreemati Parul Kusum Roy…………………………………Petitioner Vs. Bangladesh & others…………………………………………..Respondents Judgment ......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. ......e right in the 8.23 acre of lands which she had been possessing all through by living in Bang­ladesh 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 accep­ted 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)

.... Present: Fazle Hussain Moham­mad Habibur Rahman J Anwarul Haque Chowdhury J Md. Nurul Haque…………………………………...........Petitioner Vs. Sonali Bank of Bangladesh & another………….Respondents Judgment November 19, 1986. Result:......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. ..

Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....others……………………Opposite-parties Judgment September 16, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dull......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. ...... 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......Continuance of Emergency Provisions) Ordinance, 1969 (Ordi­nance No.1 of 1969). 10. Bangladesh emerged as a Sovereign Independent State on the 26th March, 1971 and under the Laws Continuance Enforcement Order all laws which were in force in the territory now comprised in Bangladesh were con..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....(Special Original Jurisdiction) Present: S Hossain Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represen­ted by the Secretary, Ministry of Land Administration and Land Reforms, and ......petitioner of the fishery for the year of 392 B.S. to 1394 B.S. on ground of default of rent and for non-development work. 2. Facts in short are, that the petitioner, a fisherman of Co-operative Society, namely Sarping Matshajibi Samabaya Samity, applied for Baking settlement of the fishery nam......howdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represen­ted by the Secretary, Ministry of Land Administration and Land Reforms, and others…………………………&he......eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)

.... or records of the acts— (1) of the sovereign authority, (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive of any part of Bangladesh or of the Commonwealth, or of a foreign country. 2) Public records kept in Banglades......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

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

.... James Gardner Vs. Edward A. Lucas, (1878) 3 A 532; Colonial Sugar Refining Co. Vs. Irving 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdul Mannan and others, 29 DLR (SC) 17. Lawyers Involved: Syed Mohammad Al......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.       ......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.       ..

Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3

Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)

....s Judge overlooked the provision of law inas­much as after the promulgation of P.O. 7 of 1972 dissolving local Council and Municipal Committees the Government of the Peo­ple's Republic of Bangladesh by an Extra Ordinary Gazette Notification dated 20th November, 1972 appointed the Adminis......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. ......1 under section 6(5) (b) of the Muslim Family Laws Ordinance 1961 was set aside and the accused respondent was acquitted. 2. The appellant Most Ayesha Sultana @ Minu made a complaint on 2.4.81 before the Sub-Divisional Magistrate Narayanganj saying that she was married to accused Shahjahan Ali ......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

Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)

....mmending quashment of the said Criminal Case. 3. The petitioner's case is that he was the Managing director of Dhaka Paints Limi­ted which was the principal agent dealer of Berger Paints Bangladesh Limited of which the Opposite party is the Regional Sales Manager. As the appointed agent......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 ......li­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105.         ..

Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1

Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)

....fic Per­formance of Contract against the present petitioner on the basis of the forged Bainapatra and also obtained an ex-parte decree by suppressing summons from the petitioner. On her return to Bangladesh she became aware of the forgery and thereupon she made an application in the Civil Court ...... 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...... 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

Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

....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.     ......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.     ......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.     ..

Category: Criminal Law, Procedural Law | Date: 30 Jan, 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. ......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 ......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. ..

Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212

Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)

....udgment January 12, 1986. Result: The Rule is made absolute. Cases Referred to- Abul Hossain and others Vs. The State, 37 DLR 59; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; Colonial Sugar Refining Co. Vs. Irving, 1905 AC 369 D......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.     ......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.     ..

Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....f Home Affairs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Baqui Baloch, 20 DL......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93.           ......f the Penal Code, Case No.48(4)81 under section 394 of the Penal Code and Chandgaon P.S. Case No.13(4)80 under section 19(f) and section 19A of the Arms Act. Since 1980 the detenu was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364, Misc 11/......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93.           ..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2

Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)

....llip;………..………….Respondent Judgment September 9, 1985. Result: The rule is discharged. Cases Referred to- Siraj Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mus...... 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. ..

Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2

Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)

....Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23, 1985. Result: The Rule is discharged. Cases Referred to- Bangladesh Vs. Shahjahan Seraj (1980), 32 DLR (AD) 1. Lawyers Involved Mustafa Niaz Muhamm......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.   ......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

Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)

..... 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. ....... 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. ......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. ..

Category: Property Law | Date: 9 Jul, 1985 | Hits: 40