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

....gment of my learned brother M.H. Rahman J. 2. Facts are simple: — Appellant brought the suit being Money Suit No. 137 of 1983 in the Court of the Subordinate Judge Chittagong and filed also, an application under Order 38 Rule 5 for attachment of the scheduled properties before judgment....... 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. ......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-......ult: The appeal is dismissed. The Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the def..

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

Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)

....told to the Investigating Officer that he admitted his signature on Ext. X. He further stated that he was unable to say the amount misappropriated by the appellant without looking to the record. He also stated that the accountant and Cashier used lo maintain the account He denied the suggestion that......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 ...... Bird Vs. Jones, (1845) 7 Q.C. 742; P. Narasayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 M.H.C.R. 396; Muthu Nadar, 1945 (Mad.) 313; Kunhi Bava vs. Emperor, 1929 (Mad.) 226; 1942 (Mad.) 723; Mallukhand Sheikh and another Vs. The King, AIR 1949 (Cal.) 104. Lawyers Involved: M. Fazlul Ka..

Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32

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

....Mir Abdul Baqui Bliuch Vs. Government of Pakistan 20 DLR SC 249 (257); Godavari S. Vs. State of Maharashtra AIR 1966 (SC) 1404; Ram Bali Rajbhar Vs. The State of West Bengal AIR 1975 (SC) 623; Masood Alam Vs. Union of India AIR 1973 (SC) 897; Saraswathi Seshagiri Vs. State of Kerala (1982) 2 SC......he submission that the rule could not be discharged without deciding the case of detention on merit, even after revocation of the original order of detention which was substituted by the so-called fresh order resulting in the effect in continuing the detention without any break which was t......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. ...... 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..

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

Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)

....resent 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. Advocate for the aced. It has been alleged in the F.I.R. that the informant Firoza Begu......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......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..

Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112

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

....stidhar was going to initiate legal action against Pran Krishna to recover possession, but Pran Krishna amicably settled the matter and delivered possession to him. Thus getting possession Sristidhar sold the land to Akhil and Hara Das by a Kabala dated 25 February 1924; Akhil and Haradas then sold ...... go further as to the finding against them." The next case cited by Mr. Pal is Thakur Magundeo v. Thakur Mahadeo Singh, 18 ILR Cal. 647. It was also a suit for ejectment of a tenant from a land, called by the landlord as "majhes land," ordinarily cultivated by the landlord himself or ......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 ......R (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)

....��………………………Petitioner Vs. Bangladesh & others…………………………………………..Respondents Judgment March 22, 1987. Result: The rule is made absolute. Cases Referred to- AIR 1947 (Lahore) 117. Lawyers Involved: S.C. Das with Subrat...... after that her offer of rents for 1390 B.S. was not accepted on behalf of the government. 3. Thereupon the petitioner started Misc. Case No.3 of 1984 on 05.08.84, before the Respondent No.4 who called for a report from the local Tahsilder. In the meantime V.P. Case No.20 of 1985 was started on......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..

Category: Property Law | Date: 22 Mar, 1987 | Hits: 13

Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)

....e contrary deposited the entire defalcated amount with the plaintiff bank on the same day when detected and Asstt. Cashier Gopal Chandra Sarker remained untraceable from that date 4.7.78. For this reason Defendant No.1 Md. Nurul Huq was transferred to the Regional Office, Faridpur and Aminul Islam......acted illegally in allowing the Miscellaneous case under Order 9, rule 9 C.P.C. without any finding that the plaintiff was prevented by sufficient cause for his non-appearance when the suit was called on for hearing. 6. He also submits that the order of dismissal was not under Order 9, ......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......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..

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)

.... Commissioner (Rev) Patuakhali & 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. A......Government. On 27th November, 1976 this Act was replaced by the Vested and Non-Resident Property (Administration) Repeal Ordinance, 1976 (Ordinance No.XCII of 1976). Under another Ordinance called the Enemy Property (Continuance of Emergency Provisions)(Repeal)(Amendment) Ordinance 19.......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 ......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 ..

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

Mansur Ali Vs. State, 1986, 15 CLC (HCD)

....on, Rajshahi, 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 impris......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. ...... 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......ppellant. Kaiserddin Ahmed, Deputy Attorney General—For the Respondent (State). Criminal Appeal No.119 of 1981. Judgment Daliluddin Ahmed J.- This appeal arises out of a judgment and order, dated 3-4-81, passed by Mr. Md. Emdadul Haque, Additional Special Judge Rajshahi Divisi..

Category: Criminal Law | Date: 13 May, 1986 | Hits: 30

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

....titioner that the petitioner have been granted lease of the fishery for the term of 1389 B.S. to 1394 B S. at the annual rent of Tk.1,20,000/- vide memo dated 20.08.1981 (Annexure-B). The said Memo also stipulated the terms and conditions under which the lease was granted. On receipt of the said Mem...... the first respondent made a bid and on his failure to pay the bid money, the action of the forfeiture of earnest money was taken. As regards the other action no leave has been granted and we are not called upon to enter into that question. But the question whether forfeiture, made in terms of the c......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..

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

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

....land was illegal. His case was that the suite land measuring 3.15 acres appertaining to C.S. khatian No.749of Karaitala Mitha mouza along with other lands originally belonged to one Rahimuddin and Rupson Bibi in moiety share. Rupson died leaving her 2 daughter, Sahera Khatun and Tulson Bibi. Sahela ......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 ......lso 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)

....m 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 petitioner Ruhul Amin shot from his gun and murdered Professor Abul Faiz. In this case the F.I.R. was lodged on 30.10.78 in the F.I.R. deceased Professor Abul ......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......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..

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

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

....e is still subsisting and during such subsidence of the marriage the accused married one Most. Rahima Khatun, daughter of Md. Kashem Ali on 14.9.78 without the consent of the appellant as also without any permission from the Arbitration Council. There was also registered kabin of this......efer an application for revision, in the case of West Pakistan to the Collector, in the case of East Pakistan, to the Sub-Divisional Officer concerned and his decision shall be final and shall not be called in question in any Court. (5) Any man who, contracts another marriage without the permis......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. ......i—For the Appellant. Syiedur Rahman Mean—For the State. Criminal Appeal No. 314 of 1983. Judgment Amia-ur-Rahman Khan J.- This appeal is directed against the Judgment and order dated 19.9.83 passed by Mr. Md. Abdul Kadir Khan, Additional Sessions Judge, 3rd Court, Dh..

Category: Family Law | Date: 17 Mar, 1986 | Hits: 1

Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)

....Case No. 1(1) of 1982 was started on a First Information Report about a serious incident of rioting, assault and quadruple murders. One Abdul Mannan lodged that First Information Report against 43 persons including the petitioner, accused Abdul Awal, alleging that he and his party raided Informant's......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......section 190 (1)(b) Cognizance is found to have been taken by the Magistrate himself on the basis of the police report by order dated 22-12-82; but this order was erroneously interfered with, and complications were created unnecessarily, which may be ignored altogether. Inclusion of the pe..

Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77

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

....aq..............................Petitioner Vs. The State & another............................Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddi......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ...... The State & another............................Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeeduddin Qureshi Vs. The S..

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

Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)

....on the date of election. As per provisions of section 7(b) of Ordinance No.LI of 1983, he was not qualified to be elected as Chairman. ii) In the South Dharmapur centre the opposite party No.1 resorted to various illegal and corrupt practices in the election. Votes of dead and absent voter......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 ...... 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. ..

Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4

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

.....C. It may be mentioned that for the lapse of I.O. the Government is going to lose more than taka one lac. Send the copy of the order sheet to the S.P. Chittagong for taking action against the I.O. Also send copy to O.C. P.S. for getting complaint afresh from the Food Department and arrange investig......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...... 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..

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)

....�Appellants Vs. Golam Ahmad Shah and others………….Respondent Judgment January 27, 1986. Result: The Appeal is allowed. Cases Referred to- Davis Vs. Mensosa 38 Calcutta 805 (P. C.); Sarkarlinga Vs. Ratnoswami Nadar. AIR 1952 (Mad.) 389; Ram Sundar Vs. ......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. ......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......D) (1987) 242. ..

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

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

.... others.........................Petitioner Vs. The State and others .................................Opposite Party Judgment January 12, 1986. Result: The Rule is made absolute. Cases Referred to- Abul Hossain and others Vs. The State, 37 DLR 59; Adnan Afzal V......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......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. ..

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

Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)

.... 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.P.C., the appellate forum also cannot entertain on application under Order 41, rule 19 C.P.C. He submits that the learned Distri...... default or on contest. Under Order 41, rule 19 C .P.C. the lis between the parties is whether the applicant was prevented by any sufficient cause from being present in Court when the appeal was called on for hearing. A separate miscellaneous case is usually started on that application and it i......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.................Opposite-Parties Judgment January 7, 1986. Result: The Rule is discharged. Cases Referred to- Khulna Tobacco Industries Ltd Vs. Chairman, Labour Court, Khulna and another, 30 DLR 331; Mohammad Sharifullah Vs. Election Tribunal, 31 DLR 119; Amir Sultan Ali Hai..

Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2

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