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Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....t he was a tenant under predecessor-in-interest of the plaintiff whose case against the defendant was that of trespass in the suit land Since the relationship of landlord and tenant between the parties was never a fact in issue in the suit the application of the defendant No.1 dated 12.1.1966 ...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....fficult due to insufficient light In the present case occurrence took place after the evening and there was insufficient light to identify the appellants and therefore doubt arises regarding the participation of the appellants in the crime. ....... (27) Photographic picturisation not possi......od was created between the informant party and the accused parties because of taking lease of Char land and both parties were involved in civil and criminal litigation. 4. The police took up the investigation of the case, seized alamat from the place of occurrence and sent the dead body of vict..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....as it is clear from the revisional application that the appellant was equally aggrieved by the learned Sessions Judge's refusal to modify the order dated 1.10.85 concerning re-examination and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is......efore the Rangpur Bench of the High Court Division and Criminal Petition for Special Leave to Appeal No. 49 of 1986 before the Appellate Division. The learned Sessions Judge, Rajshahi ordered further investigation into the matter which was upheld upto the Appellate Division. 5. Against the City..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......sections 420/109/511 of the Penal Code but he said that he had no paper. 12. P.W.9 Shamsul Kabir stated that on 30.4.81 he was attached to Jamalpur P.S. and he filled up the FIR form and took up investigation in the case. He proved his signature on the FIR ext. 2/2. He stated that on receipt of..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....pellant preferred an application under section 561A of Cr.P.C. before this Court and a Rule was issued on 2.4.89 by a Division Bench in which Justice Fazle Hossain Mohammad Habibur Rahman was a party and the said application under section 561A Cr.P.C. was registered as Criminal Revision No.94 ...... (Deterrent Punishment) Ordinance, 1983, hereinafter referred to as the said Ordinance No. LX of 1983. The police subsequently arrested the accused Nawshed and the victim girl Uma Rani Malakar. After investigation police submitted charge sheet under the aforesaid provisions of law. Ultimately the ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....cate‑ For the State. Criminal Miscellaneous Case No. 57 of 1987. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 491 of the Code of Criminal Procedure the opposite parties were directed to show cause as to why the detenu Miss. Uma Rani Malakar detained in Gazipur ......86 under section 366A of the Penal Code vide Kaliakair PS Case No.5 of 1986 which was subsequently numbered as GR Case No.12 of 1986 dated 21.2.86 in the Court of Upazila Magistrate, Kaliakair. After investigation the police submitted charge sheet on 27.4.86 against Nawshed Bepari and Wahab Bepari u..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....aratively speaking in the case of the Government in such matter various authorities, formalities and complications including allocation of budget and sanction of fund by the relevant Ministry under a particular head are involved and as such Government requires longer time in making the decision and ...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
....ware of the taking away of the said two unions from Nabinagar Upazila from long before the election and the voters of the said two unions did not boycott the election but they spontaneously took part in the election; that the petitioner has filed Election Tribunal Case No. 3 of 1990 in the...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....er dated 25.5.87 rejected his prayer for bail made by appellant Ananda and suo motu Rule for enhancement of sentence was issued against the appellant petitioner, which is now heard in presence of the parties and disposed of by this judgment. 5. Mr. S.R. Karmaker, the learned Advocate who appeared......ed her for some illegal purpose. He with the help of neighbours made rigorous search but getting no trace he lodged the ejahar. On the basis of the said ejahar the police started a case and took up investigation, visited the place of occurrence, examined witnesses but during the investigation ..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....f 1982 dated 17.10.82. The accused made certain statements to the Investigating officer on the basis of which the police along with accused Hazrat Ali went to Boalgari where the accused pointed out a particular place and on his digging earth two dead bodies were brought out in presence of P.W.1 Moye......d First Information Report on 21.10.82 and the case being Bogra P.S. Case No.35 (10)/82/ under section 364 of the Penal Code was started. 3. Further case of the prosecution was that in course of investigation the police arrested accused Hazrat Ali, who was in the thana custody since 20.10.82 in..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....
Result:
The Rule is discharged
Priority of determination of issues of law
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 ......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.
..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....session as such, the trial Court acted illegally in declaring title on the basis of adverse possession alone. The learned Advocate next contends that in the suit no specific issue was framed by the parties regarding the acquisition of title by adverse possession and as such the trial Court acted......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...Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....th the Bank, the latter is free to follow any of the ways legally available to it for realisation of its dues. The Court will refrain from making any officious direction that the Bank should follow a particular security or collateral. High Court Division’s order of vacating attachment is upheld…......nary and it is exercised with utmost care. In this case the trial Court granted the prayer despite the objection of the Bank. Be it noted that the Bank filed an application under Order 38, Rule 8 for investigation of claim to property attached before judgment and it was numbered as Misc. Judicial ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....nt till the rising of the Court; because it is not a form of imprisonment recognised by law, and it is used to circumvent the provisions of law that require a sentence of imprisonment in jail for a particular term." In re Muthu Nadar, 1945 Mad. 313 a Division Bench of Madras High Court afte......& 4215. But the appellant instead of depositing the amount to the Pourashava misappropriated. Upon such allegations Kotwali P.S. Case No. 6(10)80 was started and the Investigating Officer after investigation of the case submitted a charge sheet on 25.6.1982 against the appellant under section ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
.... that date and so he was taken back to the custody and immediately thereafter the detention order was served. The sequence of events show that it was colourable exercise of power and mala fide on the part of the respondent. 10. The learned Additional Attorney-General contended that the prosecut......ure on him, the case against the detenu appears to be a serious one. But did the detaining authority take it seriously and act promptly on it? The respondents' assertion that the matter was under investigation till 3rd December, 1986 when the charge-sheet was submitted does not inspire any ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....y order as to costs. The Code of Civil Procedure, 1908 (V of 1908) Section 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 ......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
....itioner
Vs.
Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others……………………Opposite-parties
Judgment
September 16, 1986.
Result:
The Rule is made absolute.
Cas......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
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
.... sufficient to specify the gross sum in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offe......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. ..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eclaration that the cancellation of the lease of the petitioner and extending the lease of Basirpur Fishermen's Co-operative Society Ltd. was without lawful authority. The Court after hearing the parties vide judgment dated 08.03.1982 made the Rule absolute and set aside the cancellation order. ......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)
....ntested the suits by the filing a written statement and an additional written statement contending Inter alia that the suit was not maintainable. It was barred by limitation and was bad for defect of parties. His case was that Kinu Bhutan was the original and real owner of 12.05 acres of land of C.S......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
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