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Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......ance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......The petitioner who is the sitting Chairman of Raipura Upazila Parishad has moved this petition under Article 102(2) (a) (ii) of the Constitution of the People's Republic of Bangladesh, calling in question the legality of rejection of his nomination paper by the Returning Officer, which he had fi..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....he appellants to steal the electric motors. He also submits that as there are material contradictions in the statements of the PW 5 and PW 6 regarding number of the electric motors recovered from the possession of the accused persons there is sufficient doubt regarding the prosecution case. He next ......bdur Rahman lodged an FIR on April 30, 1981 with the Jamalpur Police Station to the effect that on receipt from the Government 5 electric power pumps for Banarar Khal Project they were irrigating the land of Mouza Hamidpur. That out of the 5 pumps one was out of order about two months ago. In the ni......appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ...... The State .....................................................................................Respondent Judgment February 4, 1990. Result: The appeal is allowed. The question is whether theft of electric pumps will be an offence punishable within the meaning of sect..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....nly. The Authorised Officer of Bank signed the Agreement as one of the witness. In terms of the Agreement, the appellants (purchasers) paid Tk.6.00 lakh direct to the bank and they were also put into possession of the land. But when defendant No.1, in terms of the Compromise decree, failed to deposi......cember 4, 1989. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not......rder as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......1. Civil Appeal No.78 of 1989. (From the judgment and order dated 25.4.89 passed by the High Court Division, Dhaka, in FMA No. 224 of 1987). Judgment Shahabuddin Ahmed J. – The question involved in this appeal by special leave is whether the trial Court’s order staying the p..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ................Petitioners Vs. Nazmul Haq @ Nazmul Hasan and others.............Opposite Parties Judgment November 28, 1989. Result: The Rule is discharged. Without issuing summons on defendant No.8, not to speak of service of summon upon him, the compromise decree in ......s Judgment November 28, 1989. Result: The Rule is discharged. Without issuing summons on defendant No.8, not to speak of service of summon upon him, the compromise decree in question was passed on 27.2.84 dividing the entire properties in the suit amongst the compromising p..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......issed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......e hearing a similar Criminal Case, one learned Advocate of this Bar Mr. Amjad Hossain had drawn our attention to (he aforesaid decision of the Appellate Division inasmuch as in his case the similar question arose as to whether by an informant an appeal against a judgment of acquittal could be pr..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ...... Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......ule was issued. 7. The petitioner has stated that the detenu was minor Hindu girl and as such no marriage could be held with the accused Nawshed. Since the detenu is a Hindu and a minor girl the question of acceptance of the religion of Islam by such a minor girl does not arise at all and as su..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....934 in the First Court of the Subordinate Judge, Dhaka auction purchased the estate of Manmatha including the suit tank in execution of that decree in Money Execution Case No.157 of 1935 and obtained possession of the same through Court. The Bhagyakul Zamiadars possessed and managed the suit pond as...... 3. The defendants in the written statement denied the allegations made in the plaint. The case for the Government (Defendants) is that the suit property (being a tank measuring more than 4 bighas of land) is recorded in the khas khatian not of the Collector, Dhaka. Zamindar Manmatha Bennerjee purch......t Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ...... 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
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....r non production of the document at the required time. In the instant case no reason has been shown as to why document in question was not filed along with the plaint, though the same is allegedly in possession of the petitioner all along. Where inordinate delay in not presenting the document in que......ur Upazilla in Other Class Suit No.11 of 1984. 2. Facts giving rise to this Rule may briefly be stated as follows: 3. Plaintiff‑Petitioners instituted suit for declaration of title to the land described in the schedule of the plaint. Plaintiff‑Petitioners filed an application for amend......Ed. This Case is also Reported in: 43 DLR (1991) 77. ......ul Momin Talukdar, Advocate ‑ For the Petitioner. MA Sobhan, Advocate ‑ For the Opposite party. Civil Revision No.17 of 1986. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the Order dated 14.12.85 passed by the learned Munsif Mahadeb..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
....ot impleading the authority making the delimitation of the area as respondent in this case as the objection to the same cannot be effectively decided in the absence of such authority which is in possession and custody of relevant materials. Whether delimitation of the area of the two Upazi...... 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. ......ka 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. ......on, Sher‑e‑Bangla Nagar, Dhaka and others ............Respondents Judgment May 30, 1990. Result: The Rule is discharged. Delimitation of the area of the upazillas in question can not affect the petitioner who is not resident of any of the villages taken away by the ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
.... tenant under Shorojini Bala Dutta, paid monthly rents to her. The defendant No.1 continued his occupation in the suit lands as usual during the ownership of Anjali Rani Dutta who delivered possession of the suit and the premises to the plaintiff along with the ordinary ejectable occupatio.......132.(Shabek pukur-at present bhiti) of mouza Hajiganj, P.S. Narayanganj, District Narayanganj and also for a declaration that defendant No.1 A.K. Murshed is a tenant in the premises in the suit land. Plaintiff and defendant Nos.2-6 are sub-lessees inducted by defendant No.1. The suit land...... This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......Administrator on 15.4.84 and that as Regulation No.3(6) of Martial Law Regulation No.1 of 1982 provides that no order, judgment, sentence or proceedings of a Martial Law Court shall be called in question in any manner whatsoever, by or before any Court including the Supreme Court, the Court of ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....at Ananda was a partner in any conspiracy which resulted in the abduction of the victim girl by Swapan. Ananda was neither present initially when the girl was taken out by deceitful manner from the possession and control of her guardian nor he was present at two of the successive stages where the ......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......in the morning Ananda forced her to wear shaka and shidur and it is also in her testimony that Ananda was with Swapan for some time thereafter and then left. 11. In the instant case, the pertinent question to be answered would be whether the accused could be implicated, in the facts and circumsta..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......ondemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ...... treatment and that one of the injured persons had talk with P.W. Dipchand. The informant went to the house of Dipchand who, on being asked, reported that out of the said four persons in the truck in question he knew one Hazrat Ali of Kahaloo Upazila. The informant, who was the owner of the truck, a..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....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.
......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.
......Case is also Reported in: 43 DLR (1991) 79.
......d:
Md. Shahjalan Advocate ‑For the Petitioners.
MA Mannan Advocate ‑ For the Opposite.
Civil Revision No. 275 of 1986
Judgment
Muhammad Ansar Ali J. - This Rule calls in question an order dated 28.12.85 passed by the learned Munsif (Assistant Judge), Upazila Court Iswar..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
.... at a consideration of Taka 45,000/- on 15.1.63. The plaintiff paid Taka 4,000/-as earnest money and a bainapatra was executed in favour of the plaintiff and the defendant No.1 put the plaintiff in possession of the suit land. Since then the plaintiff has been possessing the schedule land in asser......Court of Subordinate Judge, Mymensingh in O.C. Suit No. 270/79 decreeing the plaintiffs suit for simple declaration of title. 2. The plaintiff filed a Suit for declaration of his title in the suit land stating, inter alia, that defendant No.1 Hemanta Kumar Areng while owned and possessed the Su....... Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......tinuously and peacefully leads to the presumption of adverse possession in the facts of the present case. 7. At the outset it is to be stated that the question of adverse possession is a mixed question of law and fact. Before going into this question of adverse possession, we will consider th..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....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. ...... Certificate Examination of the Dhaka Board in 1987 as well as in 1988 but could not pass the said examination. Accused Shahidul Islam lives in his father's, house. There are houses and some plots of land in between my house and the house of accused Shahidul Islam. Accused Shahidul Islam used to w......issioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......(আঠার)-১৯(উনিশ) বছরের মধ্যে”।
It appears that no ossification test was made by the said Board of doctors. The Sessions Judge on 6.1 1.88 considered the question of age of the victim girl. Ranjana Rani Das and accepted the age of Ranjana Rani Das to b..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....Mohammad Meah lien and section 170 says in the absence to the contrary Mohammad Meah's lien gets the priority because such lien is particular lien. Moreover these scheduled articles are in actual possession of the plaintiff as scrap. Lien cannot be a ground for action; it can be taken as defence......ff did not mention the word 'lien' nor did he do so in his written objection to the application filed by the Bank for vacating that order. To say the least rule of pleading does not warrant it. In England under RSC Order 18 Rule 11 "a party may by his pleading raise any point of law. There is a vita....... This Case is also Reported in: 41 DLR (AD) (1989) 14. ......y under attachment in execution of such decree." In this background of facts, in view of Rule 10 the position becomes clear that the Bank's rights are not affected by such attachment. The only question is what will happen to the ship breaker. It is not disputed that the only property of the..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....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. ......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. ......onal Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......is control, A deposit subsequent to the commission of the offence cannot absolve the accused from the offence committed. Therefore, the contention of the learned Advocate fails. 11. An important question arose to be answered in this case. It is- whether a sentence of imprisonment till rising ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....inal case was started against him. On the following day from the detenu's residence at Dhanmandi Residential Area the Police recovered 340 tin containers, similar to those that were found in possession of his brother Altaf Hossain at the time of its inspection. On 27th march, 1986 Syed......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. ......udicial 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. ......that unless fresh application is filed impugning the order of detention dated 15.8.87 “it could not be interfered with." 7. Leave was granted as has been noticed to consider this question, namely, whether after the revocation of the original order of detention which was sub..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
.... mortgaged it by a simple mortgage deed dated 15 November 1911 to Siristidhar. Thereafter they kot-mortgaged this land, by two registered mortgage-deeds dated 16-4-1916, to Pran Krishna who went into possession. Sristidhar filed Mortgage Suit No. 502 of 1921 against Jaghabandhu and the heirs of Hara......High Court Division is in the judgment and decree dated 7 June 1984 in S.A. No. 456 of 1984, Chittagong Bench. Circumstances that led to this appeal are given in the following paragraphs. 2. The land in suit comprising plots Nos. 1958 and 1965 originally belonged to two brothers, Jaghabandhu an......order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......the courts below, dismissed the suit on a finding that the suit was hit by res judicata in view of the decision the two Redemption Suits. Against this decision leave was granted by us to consider the question whether the principle of res judicata was applied by the High Court Division on proper appr..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....s property i.e. the disputed properties were correctly listed as enemy property and rightly declared as vested 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 ......roperty 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 acres of land as described in the schedule in para No.2 of the petition belonged to Jogesh Chandra Roy. He di......ity 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. ......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
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