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Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......se which prevented the plaintiff from appearing in the Court when the suit was called on for hearing. 7. The supreme consideration for a Court of law is to do justice between the parties. In the absence of special reasons the courts of law have always leaned in favour of deciding disputes on ......der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....was an ex-parte one and the onus was entirely upon the deft-appellant to prove her mother’s lease to the entire satisfaction on the Court and beyond ail reasonable doubt. The deft-appellant ban totally failed to discharge her onus in this respect."
21. There being a presumption of re...... the disputed property. He left the territory now comprised in Bangladesh in 1950 leaving the property in the custody and care of Taramoni. Her son-in-law Bisweswar Barai taking advantage of the absence of the owner managed to obtain the ex-parte decree upon fraudulent suppression of summons sh......tion of regularity of a judicial act under section 114 (c) of the Evidence Act whenever a judgment debtor or anybody stepping into his shoes seeks to have a decree passed by a Court of competent jurisdiction adjudged void by reason of fraud, a heavy onus lies on him to prove the alleged fraud, ..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....last of such dates shall not exceed one year". 6. This section makes it clear that if a person commits several criminal breach of trust, he may be charged in a lump in one charge in respect of the total sum of money misappropriated without specifying the Items of which it is composed or the dates......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. ......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)
....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. ......not succeed by taking refuge under the plea that 'it being matters of contract cannot be agitated in writ. But in case of rights and duties which are referable to contract simpliciter in the absence of any arbitrary or mala fide allegation, substantiated on facts cannot be agitated in writ ......ut the said Officer did not make any enquiry nor did Revenue Officer Kulaura did make any enquiry as to the development work and in fact Upazilla Nirbahi Officer or the Revenue Officer Kulaura had no jurisdiction over the disputed fishery and the petitioner did not receive any notice of any enquiry,..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....o.745 and 741 respectively from the landlord by executing a kabuliat and got the land recorded in their names in GS Khatian No.745 and 749. The rest 1.18 acres of land of C.S. Khatian No.745 and total 266 acres of C.S. Khatian No.749 remained with the land Lord as his khas land. Rahimuddin and ......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. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....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. ......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. ......if trial of such case not already commenced, on such commencement, stand transferred for disposal to the Metropolitan Magistrate or Magistrate of the first class, as the case may be, having jurisdiction to try the case." 9. Although the term '"trial" has now here be..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....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. ......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. ......ng in holding that there was no existence of Chairman for performing the functions under the Muslim Family Laws Ordinance while in fact the Administrator of Dhaka Pourashava was appointed to exercise jurisdiction and discharge functions under the Muslim Family Laws Ordinance. In fact, this Governmen..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....y in order to escape the liability resorted to harass the petitioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01560/30 have been dishonored payment by the petitioner's banker and ......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. ..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
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. ...... 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. ..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....v) In the South Dharmapur Centre the total number of votes is 3195. The opposite party No.1 secured in that centre an improbable and fantastic number of 3105 votes which is about 98% of the total votes. vi) The opposite party No.1 by physical force did not allow any of the election ag......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....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. ......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. ......the Appellate Division has observed that in appropriate cases even after the Sessions Judge has exercised his power u/s. 439A Criminal Procedure Code the High Court Division may exercise the inherent jurisdiction under section 561 A Cr.P. Code to prevent the abuse of the process of the Court. 6..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)
.... to exhaustively define the circumstances in which the equitable relief could or could not be granted. But one thing is clear that the principles stated in section 22 have to be kept in view in totality while considering the ground of refusal of this equitable relief. 14. It may be note......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. ......facts of this case non-performance of the contract would involve no such hardship on the plaintiff as it would be if the contract is enforced insofar the defendant is concerned. Section 22;—The jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant su..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....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. ......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. ...... of the Penal Code offences on 23.8.77 from the purview of the Special Powers Act, 1974 by Ordinance No.XL of 1977 the Special Tribunal constituted under the Special Powers Act, 1974 had no jurisdiction to take cognizance of any of the omitted offences after 23.8.77 and illegally tried the..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......;sent Rule. 4. Mr. Md. Amir Hossain, the learned Advocate for the petitioner submits only one point, namely, that the learned District Judge as the appellate forum of an election petition has no jurisdiction to entertain an application under Order 41, rule 19. C.P C. His submission is that..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......xplanation, was even offered in the Affidavit-in-opposition as to why the case could not be submitted to the Advisory Board and no prayer was accordingly made for the condonation of the delay. In the absence of such explanation whatsoever and prayer for condonation of delay, we are not in a position......retary of State Vs. Mask & Co. reported in A.I.R. 1940 (P.C.) 105 may be made in this connection. There Lordships of the Privy Council held. "It is settled law that the exclusion of the jurisdiction of the Civil Court is not to be readily inferred, but that such exclusion must either b..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)
.... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ...... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ...... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....ot say that he had any talk with the accused appellant at the time he gave medical aid to the accused appellant about anything including the cause of the injury or about the occurrence. There is total absents of evidence on record to connect the accused appellant with the offence. 13. Thus...... on the basis of F.I.R. which might have greatly influenced the mind of the trial Judge for being morally convinced in convicting the accused. 17. It may not be out of place to state that in the absence of direct or circumstantial incriminating evidence mere moral conviction on the basis of sus......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
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......on of a Court in awarding sentence is as wide as the demand of the cause of substantial justice. 7. On the question at issue neither side has been able to lay before us any decision from our own jurisdiction or from the erstwhile Dhaka High Court. Let us, therefore, examine the terms of th..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......tion of a Court in awarding sentence is as wide as the demand of the cause of substantial justice. 7. On the question at issue neither side has been able to lay before us any decision from our own jurisdiction or from the erstwhile Dhaka High Court. Let us, therefore, examine the terms of the l..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....ecided at the suit because it is the evidence in the suit and the defendant can adduce evidence in rebuttal air when such evidence is given the court will evaluate the whole thing in the light of the totality of the evidence that have been adduced by the parties. It was observed: "An order......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 CS Plot No. 181 cover an area of 0.04394 acres of RS Plot No. 99 and the said CS Plot does not cover any portion of RS Plot No. 128. 6. The High Court Division took the view that in revisional jurisdiction the court will not interfere with the discretion of the Trial Court and pointed out tha..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
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