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Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....ples of due process as understood in the American Constitution. Considered in this sansei an action which is mala fide, colourable exercise of statutory powers, action taken upon extraneous or irrelevant considerations, and action taken upon no ground or without application of the mind of the d......eral points, but the main question that calls for determination in this case is the legality of the detention of the detenu, and that question cannot be decided on the respondent's papers alone. This matter need not be sent back for rehearing by the High Court Division. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mrs. Sajeda Parvin Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. Result: The detention i...... does so the appellate court has to remand the case for hearing if contested issues call for one or more points on facts. But where the facts are not disputed and the actions or omission, statements, documents etc. relevant for the disposal of the case are admitted the appellate court may not send t..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....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.......ated 27.4.87 is as follows- "Accused Hormuz Ali who is on bail files hazira and is present in the court. The record is taken up for framing of charge. Perused the F.I.R., C/S and other connected papers on record. Heard learned A.P.P. Mr. Saidur Rahman who appeared for the State. Also heard Id......nal No. III, Tangail discharging accused Md. Hormuz Ali in Special Powers Act case No. 31 of 1986. The impugned order dated 27.4.87 is as follows- "Accused Hormuz Ali who is on bail files hazira and is present in the court. The record is taken up for framing of charge. Perused the F.I.R., C/S a......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...Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....the appellants heirs, of Chandra Bala, who had no doubt stepped into the shoes of the first mortgagee auction-purchaser. The question whether the equity of redemption was revived in the mortgagor was relevant in the Redemption suit Nos. 13 and 14, the decree in those suits has not been reversed and ......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. ......R (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. ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....ested property. Thus the grant of lease in favour of respondent nos.6-9 was validly made and possession taken over by them. 5. Mr. S.C. Das, the learned Advocate for the petitioner referred to the relevant documents annexed to the petition to show that Hrisnikesh Roy had relinquished his light by......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. ...... namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila, Revenue Officer, Anowara and approving grant of lease thereof in favour of the stranger respondent Nos.6-9. 2. 8.23 acre......perty. Thus the grant of lease in favour of respondent nos.6-9 was validly made and possession taken over by them. 5. Mr. S.C. Das, the learned Advocate for the petitioner referred to the relevant documents annexed to the petition to show that Hrisnikesh Roy had relinquished his light by a deed o..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
.... High Court Division has been numbered as Criminal Appeal No.12 of 1986 and is pending for admission. In the present Money Suit 8 of 1979 the plaintiff was taking adjournments on the grounds that the relevant papers required for establishing the plaintiff's case against the defendants are with the p......rt Division has been numbered as Criminal Appeal No.12 of 1986 and is pending for admission. In the present Money Suit 8 of 1979 the plaintiff was taking adjournments on the grounds that the relevant papers required for establishing the plaintiff's case against the defendants are with the prosecut......ents Judgment November 19, 1986. Result: The application is summarily rejected. Case Referred to- Satish Vs. Apara, 34 Cal 403 (F.B), Bejoy Vs. Satish, 9 I.C. 842, Sikandar Vs. Kushal, 59 Cal 756, Sardar Vs. Jahar, 59 Cal 906, Baijnath Vs. Kedar, A.I.R 1938 Cal 74, G......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
....t;
16. In a subsequent decision in the case M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30 the Appellate Division after reviewing the relevant laws on the subject pointed out the above legal position in the following terms;
......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.
......ip;………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. Dullchand Omraolal Vs. Bangladesh, through the ......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)
....nd Administration and Land Records and therefore, officers of the said Ministry namely, the Additional Deputy Commissioner (Revenue) in the District and the Upazilla Revenue Officer would be the relevant authority to issue any certificate as to the existence of any development work and the......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. ......n 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 others………………&hell......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)
....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. ......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. ......lso Reported in: 39 DLR (HCD)(1987) 228. ......thin the meaning of section 74 of the Evidence Act and placed before me section74 of the Evidence Act which may conveniently be quoted as under: "74. Public document.- The following documents are Public documents- 1. Documents forming the acts or records of the acts— ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....sed the following order: "In view of the Gazette Notification No.52 dated 4.8.82 let the case be sent to the Special Martial Law Court No.3 at Chittagong for favour of disposal. Note in the relevant Register." It appears from the record of the Special-Martial Law Court No.3 that ......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. ......ch 19, 1986. Result: The Rule is discharged. Cases Referred to- 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. Abdu......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
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. ...... 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. ......Banoo Ziwar Sultan Beyed made a complaint to 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 adva......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)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......, coercion, undue influence and intimidation on the voters and forced them to cast their votes in his favour. iv) The opposite party No.1 with the help of his followers snatched away ballot papers from the polling officers and the voters as well and affixed seal of his symbol in the ballot...... Rule is discharged. Cases Referred to- Imam Hossain Bepari Vs. Election Tribunal, 31 DLR 381; Mohammad Hashem Vs. Safdar, ILR 14 (Lahore) 473; Bij Mohan Singh Vs. Priya Brata Narayan Singh and others, AIR 1965 (SC) 282. Lawyers Involved: M.A. Karim—For the Petitioner. ......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
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
.... police officer for investigation etc. since before the coming into force of Ordinance No.XXIV of 1982 on 21-8-82. In respect of offences pending with a police officer for investigation the relevant part of section 35 (e) provides: "35. Notwithstanding anything contained in ......Upazila Magistrate, Banshkhali passed the following order on 4.3.84:— "Case record received from the learned Sub-Divisional Magistrate, Patiya without any report from I.O. Perused the papers on record. It appears that the case (was) instituted on 2.3.82 and the I.O. remained sitting ...... Vs. The Crown, AIR 1950 (East Punjab) (FB) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; James Gardner Vs. Edward A. Lucas, (1878) 3 AC 582; Delhi Cloth and General Mills Co. Ltd. Vs. Income Tax Commissioner, Delhi, AIR 1927 PC, 242; Colonial Sugar Refi......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
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....his amending Ordinance No.XL of 1977 paragraphs 2 and 5 of the schedule to the Special Powers Act, 1974 containing all the Penal Code offences were omitted from purview of the Special Powers Act. The relevant provisions of Ordinance No.XL of 1977 are as follows: "5. Amendment of Sche......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. ......onal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others.........................Petitioner Vs. The State and others .................................Opposite Party Judgment January 12, 1986. ......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
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....e of legal evidence on the basis of which a real offender can be punished in the peculiar state of available evidence in each case. Perhaps a short time is enough to learn the basic principles of the relevant laws but common sense in the matter of eliciting legal incriminating evidence from our illi......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ......—For the State. Criminal Appeal No. 66 of 1984. Judgment Fazle Hussain Mohammad Habibur Rahman J.—This appeal by accused Noor Mohammad is directed against the judgment and order passed by Mr. M.A. Quddus, Additional Sessions Judge, 3rd Court, Chittagong in Sessions Tr......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....es of adjacent lands so far as may be necessary and the Position Of the Settlement, revenue, that and other survey lines if such position can be determined with sufficient accuracy and such lines are relevant to the dispute." 11. While accepting the report the presiding Judge is expected t......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. ...... afresh again in the light of fresh materials as may be legally brought in the record by the parties. The Commissioner's report is to be evaluated in the facts of the case on the evidence adduced and the Court has wide discretion in such matter. Mere acceptance of the report should not give rise......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
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....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. ......plainant and two nominees (Jonab Abul Khair and Haji Md. Ilias) of the accused persons. On 1.1.83 the said four nominees as well as Chairman examined the prosecution witnesses as well as examined the papers filed by the defence. It is in the order dated 1.1.83 that complainant has not been able to p......ul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23,...... 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 support of their title and possession in the land. In also appears that on 1.1.83 comp&..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. ......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. ...... 2 All ER, 274 (277). Lawyers Involved: S.A. Chowdhury with Mustafa Niaz Mohammad— For the Plaintiff. M. Hafizullah with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff ......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
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
.... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ...... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ....... Sudhir Kumar Chowdhury...........................Opposite-Party Judgment April 10, 1985. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmakar and others Vs. Hari Mohan and others, 36 DLR (AD) 1; 27 DLR 413. Lawyers Involved S. C. Da......filing of the suit and some letters in all 17 in number and those were marked Exhibits pa that day. 5. Since the plaintiff introduced in his deposition on recall a new story of his claim and the documents which are in support of his new claim were marked exhibits in the case, the defendant on 2..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
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. ......rnaments from the person of the complainant. During her wrongful confinement accused Abu Taher tried to outrage her modesty on several occasions. The complainant was forced to write certain papers under his dictation and was forced to put her signatures on some blank sheets of paper. She w......sp; ......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
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....d police and general file and he sat by the side of the Munsif-Magistrate and started taking police and general file. The Munsif-Magistrate eagerly observed the procedure and also asked him some relevant questions to which the contemner replied and the matter ended there. The contemner denies t......he arms of the Munsif-Magistrate in the crudest form. His defence in the contempt Rule is all the more reprehensible. He has no regrets, no remorse. He has chosen to defend his actions with fabricate papers and documents. His conduct can only cause despair and dismay. He deserves no considerati...... The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. Altafur Rahman— For the State. Azizul Hoque and S.M. Amin Azhar— For the Pe......d go there. 14. The Munsif-Magistrate also challenged Annexures 'B'-'G' and Annexure 'K' to the first affidavit as concocted, fabricated, manufactured and ante-dated documents created for the purpose of the Contempt Rule with the help of the sycophants and henchmen ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
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