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Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
...................................Petitioner Vs. Secretary, Ministry of 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, ......erwise valid order of detention cannot continue an illegal detention. On this ground also the detention of the detenu in the present case has been rendered illegal. In this case of course even the so-called independent order of detention dated 9.5.85 was illegal on the same ground of non-commun......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......irs & 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 DLR (SC) 249;..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....Sessions 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 ......mad and acquitted accused Md. Hossain, Amin Sharif and Monir Ahmed. 4. The further case for the prosecution is that P.W.5 Dr. Mustafa Syed, Medical Officer Thana Dispensary, P.S. Anwara was called to the residence of accused appellant Noor Mohammad on 5.9.83 in the night. He found one woun......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.......—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..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....ellip;………………………………..…..Respondent Judgment November 27, 1985. Result: The Rule is made absolute. Cases Referred to- 4 DLR 360; 35 CWN 519; AIR 1973 (Supreme Court) 1457; AIR 1929 ......g a sentence only. The two decisions referred to above go to indicate as to under what circumstances a sentence of fine along with a substantive sentence of imprisonment would be appropriate and called for but nowhere it has been held that the substantive sentence can be avoided either under se......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 (......Rahman J Md. Yeakub Kazi…………………………………………….Petitioner Vs. Kaloo KhandaKer……………………………&hell..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... Md. Yeakub Kazi……………………………Petitioner Vs. Kaloo KhandaKer……………………………Respondent Judgment November 27, 1985. Result: The Rule is made absolute. Cases Referred to- 4 DLR 360; 35 CWN 519; AIR 1973 (Supreme Court) 1457; AIR 1926 (Lah......sing a sentence only. The two decisions referred to above go to indicate as to under what circumstances a sentence of fine along with a substantive sentence of imprisonment would be appropriate and called for but nowhere it has been held that the substantive sentence can be avoided either under se......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......Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Latifur Rahman J Md. Yeakub Kazi……………………………Petitioner Vs. Kaloo KhandaKer……………………………Respondent Judgment November 27, 1985. Result: T..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
.... was to the following effect: "To measure and relay CS Plot Nos. 178, 181 and 183 and ascertain the area of plot Nos. 178 and 183 which have been allegedly encroached by the defendant and also to ascertain CS Plot No. 181 as described in lot No. 1 of the schedule of the plaint and prepare ......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. ......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..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....fied by the informant, that in spite of signal to stop the smugglers tried to escape with the launch containing the smuggled goods and started firing on the Customs Officials, that the armed forces also opened fire for self-defence and in the interest of the Government revenue, that the launch ......y;ing into Bangladesh goods, etc. without paying customs duty, etc. which offence, as already shown, is exclusively triable under the Special Powers Act, No interference under section 561A Cr.P.C. is called for in this case. The rule is accordingly discharged. The order staying further proceedi......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......p;……..………….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 Mustafa Niaz M..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)
....d by the informant P.W.1 Abu Siddique are as follows: On 16.1.83 at about 12 in the midnight while the informant with his mother and wife were sleeping in the western bhiti hut he woke up by the sound of footsteps of several people and immediately got out of the hut and then by breaking the bam......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. ......dash; For the Appellants. Gazi Abdul Mannan, Assistant Attorney-General— For the State. Criminal Appeal No. 303 of 1983. Judgment Amin-Ur-Rahman Khan J.— By a judgment and order dated 8.9.1983 passed in Sessions Case No.73 of 1983 the Additional Sessions Judge, 2nd Co..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....ppellant Vs. Golam Mowla………………………............Respondent Judgment July 30, 1985 Result: The Rule is made absolute Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no po......bsp; conferredon section 435 Cr.P.C.. 10. Mr. Md. Ruhul Amin cited next the case of In re. Krishnarao Ramchandra, A.I.R. 1933 (Bomb) 409, in aid of his submission that Section 439 Cr.P.C. can be called in aid by the High Court to quash the proceeding of subordinate Court. This is a case un......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......e of the prosecution case permissible in a proceeding for quashing at the stage the Sub-Divisional Magistrate issued process against the accused. The Court has to accept the prosecution case as it is and has to come to a conclusion that upon the facts alleged no criminal offence has been disclosed-C..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
....is not a necessary party there. But if an application for preemption is made by a contiguous laud-holder, all the co-sharer-tenants (whether by inheritance or by purchase) and also all other, tenants holding lauds contiguous to the, land transferred, shall be made parties. This....... 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 (...... Vs. Sree Satya Narayan Pramanik & others…………Respondents Judgment July 9, 1985. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951) When the suit land has been transferred to the appellant..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
....t P.I 14): "The true meaning of the phrase is that the Court will not enforce "a contract to make a second contract parts of the terms of which are indeterminate and have yet to be agreed, so that there is not any definite contract at all which can be enforced, but only an agreement for ...... 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: ......owdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J H.N. Fabrics Ltd…………………………....Petitioner Vs. Mallick Textile Industries and others.……..Respondents Judgment January 15, 1985. Resu..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
.... why the judgment and order dated 22.2.84 passed by Mr. Alauddin Sarder, Assistant Sessions Judge, 2nd Court, Chittagong deemed to have been appointed as Additional Sessions Judge under the proviso to sub-section (3) of section 9 Cr.P.C. in Criminal Motion No.9 of 1983 setting aside the ju......s:— "9(1) The Government shall establish a Court of Session for every sessions division, and appoint a judge of such Court and the Court of Session for Metropolitan Area shall be called the Metropolitan Court of Session. (2) The Government may, by general or speci......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......sp; ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....rishad. 3. Being aggrieved by the aforesaid decision, the appellant-opposite party No.1 filed Election Appeal No.4 of 1984 before the District Judge, Barisal and filed an application also for staying operation of the order, dated 25.6.84, passed by the Election Tribunal on the ground ......bunal is not a Court and as such the District Judge who is the appellate authority under the provision of the Local Government (Union Parishad) Ordinance, 1983, (Ordinance No.XL of 1983) (hereinafter called the Union Parishad Ordinance) has no jurisdiction to grant the prayer for stay of the operati......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. ......ision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Habibur Rahman Talukder..............................Petitioner Vs. Shaha Alam Mia and others............................Opposite-Party Judgment December 2, 1984. Resul..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....ppellant Vs. Abdul Karim Sarkar....................................Respondent Judgment November 28, 1984. Result: The Rule in Criminal Misc. Case No.24 of 1984 is made absolute The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: ...... 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. ......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...... 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..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....es Referred to- Abdur Rashid Vs. State, 27 DLR (AD) 1; Unniri Kannan Vs. the State, AIR 1960 Kerala 24. Lawyers Involved: Marfat Ali with Md. Altafur Rahman— For the Condemned Prisoner. Sultan Ahmad, Deputy Attorney-General with Mokhter Hossain and Quazi Akhter Hossain, Ass......him. Abdur Rashid was sent to Rangpur Medical College Hospital where he died on Friday. 7. In cross-examination P.W.2 admitted that the condemned prisoner suffered from epilepsy disease. She was called Pagli. P.W.2 saw the injury of her son and she was almost senseless and her husband was ...... 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, ......) Present: Mustafa Kamal J Md. Abdul Wahab J The State...........................................Petitioner Vs. Mosammat Mallika Khatun...................Respondent and Mosammat Mallika Khatun...................Petitioner Vs. The State.................Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....ing the Magistrate who recorded it. The Court shall presume (a) that the document is genuine, (b) that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that (c) such confession was duly taken. The Court shall also presume ......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.......rate 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 Cr.P.C.) and the said confession duly taken is tendered in the Sessions Court, it prove..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....16-4-80 at 8-45 A.M. she lodged an F.I.R. at P.S. Pirganj, District Rangpur stating that in the night following 15-4-80 she was sleeping with her deceased husband Mukul and daughter Moushumi in their south-facing hut. At about 2-30 A.M. in the early hours of 16-4-80 a man called her husband from out......ur stating that in the night following 15-4-80 she was sleeping with her deceased husband Mukul and daughter Moushumi in their south-facing hut. At about 2-30 A.M. in the early hours of 16-4-80 a man called her husband from outside addressing him as 'Mama'. Her husband opened the door. ......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..........................Respondent Judgment October 25, 1984. Result: The Appeal is allowed. Cases Referred to- Nazir Ahmed Vs. King-Emperor, AIR 1936 (P.C) 253; Nurul Haque and others Vs. State 20 DLR (Dhaka) 780. Lawyers Involved: Azizul Haque—For the Appe..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....tu was coming to attend his duty at Al-haj Textile Mill on a by-cycle and at about 9-30 A.M. as he was on the District Board Road at village Sahapur near the house of Haran Sarder the five accused persons attacked him in a body. The accused Nayeb, Mannaf and Saidur dragged him down by wrapping a nap......;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 ......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...... Judgment Aug 29, 1984. Result: The appeal allowed in part Lawyers Involved: Abdul Momin Talukder—For the appellants. Sultan Ahmed, D. A.G. with Malik Syed Ahmed and Md. Mokhtar Hossain—For the State. Criminal Appeal No. 44 of 1983 Judgment ..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....ate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Gannysons Ltd. & another................Appellants Vs. Sonali Bank & others ........8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......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. ......amp; another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (President’s Order No. 16 of 19..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....ontext of facts and circumstances of the case which may be noticed in passing. The suit was filed on 31.8.1978 and the written statement was filed on 12.1.79 and by 1979 and 1980 other defendants also filed written statements. P.W. 1 was examined on 21.4.81 and his cross examination was over on ...... 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......ed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Pro..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
....er section 33 of the Evidence Act. The report of the handwriting expert is marked as Exhibits F and handwriting expert disposed in this case as D.W. 8. 6. The impugned documents were also sent to the Finger print expert for ascertaining as to the genuineness of the L.T.I's of plai...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ......of the plaintiff No.1, at the instance of the defendant No. 1. 5. In this suit impugned bainanama was marked as Ext. C dated 15.1.63 and the kabala was marked as Ext. Al. dated 8.3.65 before the trial court. The scribe one Manindra Lal Nath who was the scribe of both the above noted Exhibits de......ab………………Respondent Judgment August 13, 1984. Result: The appeal is dismissed. Case Referred To- Rambharosa Vs. Smt. Bifida Devi and another reported in A.I.R. 1956 Patna page 203 Lawyers Involved: Abdul Manan with Momt..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
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