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Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....he suit amounts to fraud and if fraud is proved, there is no question of limitation. Again he submitted that under Order 9 rule 13 of the Code if summons is not duly served on the defendant that is a good ground for setting aside an ex parte decree without any reference to limitation. He submits tha...... opposite party, on the other hand, submitted that the order sheet would show that no summons was at all issued for service upon the petitioner who was defendant No. 8 in the suit and the evidence on record also would show that there was no service of summons upon the petitioners. A compromise decre......@ 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 question was passed on 27.2.84 dividing the ent..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. ......m. The Special Tribunal framed charges against the accused persons under the provisions of section 366A of the Penal Code read with section 4(b) of the said Ordinance. After perusing the materials on record and hearing the parties the Special Tribunal, by its judgment dated 29.1.89, acquitted th......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. ..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. ......tion 366A of the Penal Code and section 4(b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 hereinafter referred to as Ordinance No. LX of 1983. On 18.3.86 statement of the detenu was recorded under section 164 of the Code of Criminal Procedure wherein she stated that she accepted th......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. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ...... on a decision in the case of Kanda and ors. Vs. Waghu reported in 3 DLR 311. It is a decision of the Privy Council. 7. I have been taken through the impugned order as well as other materials on record. At the outset it may be mentioned that matter relating to admission of document at a late st......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....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.......Special Powers Act, 1974. 4. At the trial, the accused pleaded not guilty and claimed to be tried. The prosecution in this case examined a number of witnesses but the defence none. The court after recording the testimony of the witnesses and having considered the facts and circumstances of 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...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....y;tain incriminating articles were recovered. It was held: "It has been well established that shortly after the murder of Nuruddin which was accompanied by robbery of the personal goods which he himself brought out from the place of which he alone had the exclusive knowledge.&quo......ssion. For ascertaining as to whether the confessions is voluntary and true or not the Court has to examine the confession itself and also to consider the same in the light of other materials on record and broad probabilities of the case…………..(35) Confessional s......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. ..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.
......now Assistant Judge, Upazila Iswardi, District Pabna contending, inter alia, that he was a prohari (Guard) bearing No. 8394 in the Bangladesh Nirapatta Bahini, but he was illegally suspended from his service by the departmental authority. Hence he filed the instant suit for a declaration to the effe..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......and peaceful possession for more than 12 years. Thus we find that the first point raised by the learned Advocate for the appellant that the trial Judge without reference to the plaint and evidence on record wrongly decreed the suit on the question of adverse possession is correct. It is needless to ......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467...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. ...... Ranjana Rani Das alias Shahida Begum to the custody of Advocate Janaba Suraiya Chowdhury on a bond of Tk. 10.000/- for keeping her in safe custody. On 21.7.88 the learned Sessions Judge in his order recorded as follows:—
“নথি দৃষ্টে দেখা যায় যে, অত্......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. ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....as bad and vacated it and further struck off the Execution Case No. 56 of 1984-as well. 5. Leave was granted to consider three submissions:(1) whether the Bank could secure release of attached goods even though it was a pledge, (2) whether the plaintiff could retain scrap as bailee under se......he plaintiff could have exercised his right under section 170 of the Contract Act if he had possession over the scheduled materials. The High Court Division's finding on the basis of the documents on record and the evidence adduced in the matter that the Bank had although been in possession of the a......Bank and its scraps were pledged to the bank. Here the question comes of lien under section 170 which says:- "Where the bailee has, in accordance with the purpose of the bailment, rendered any service involving the exercise of labour or skill in respect of the goods bailed, he has, in 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. ...... that he had 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 su......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. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....he questions whether the petitioner's detention or continued detention is necessary." 17. It was, however, concluded that mala fide or misuse of power under the Act could be a good ground for impugning the detention. 18. In Masood Alam v. Union of India AIR 1973 (SC) 897......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. ......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. ..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.......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 and other connected papers on reco......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)
....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. ......ave been substituted; they are now appellants before us. Hriday Ranjan Das, defendant No.1 (son of Jaghabandhu, one of the two brothers who had created the mortgage) is also dead and his heirs are on record by substitution; they arc contesting this appeal. There is no dispute that Sristidhar, the fi......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)
.... created by the compromise decree by avoiding registration of a transfer deed as required by section 17 of the Registration Act. This contention of the learned Deputy Attorney General does not hold good in view of the exemption provided in section 17(2)(VI) of the Registration Act by which a decre......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. ......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
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. ......ed by sufficient cause from appearing when the suit was called on for hearing as in the said judgment and order dated 14.9.86 the learned Subordinate Judge has elaborately discussed the evidence on record and found that it was genuinely not possible for the plaintiff to appear in the suit without ......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
....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.
...... Sabitri Barai instituted a suit being Title Suit No.397 of 1961 in the 1st Court of Munsif, Patuakhali against opposite party No.2 Surendra Nath Sen for declaration of her Title to 5175 acre of land recorded in plot Nos.7048, 7049, 7030, 7051 and 7047 appertaining to S.A. Khatian No.2071 of Mouja P......ting dwelling huts. As the land was recorded in the name of opposite party No.2, Taramoni was constrained to file Title Suit No.397 of 1961. The Sail was decreed on 14th December, 1961 after due service of summons upon opposite party No.2. Taramoni having died leaving defendant No.1 as her only..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....ur is situated under Natore Sub-Division of Rajshahi District, During the above mentioned period the accused-appellant being in charge of the Fair Price shop was a public servant. He received various goods worth Tk. 1,91,961.88 paisa. He deposited Tk. 95,986,82 paisa as sale proceeds of those goods ...... the short -fall of the balance of the shop. The accused-appellant is quite innocent. In this case the prosecution examined 7 P.Ws. while the defence examined none. On consideration of evidence on record, the learned Special Judge found the accused appellant guilty and convicted and sentenced him......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
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