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Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....ted as major and she will be allowed to go anywhere she likes. The decision in Jahanara Begum alias Joisna Rani Saha and another Vs. The State, 15 DLR (Dhaka) 148 has got full application in the facts and circumstances of this case. ............(18) For the purpose of section 366A, minorit......Result: This Rule is discharged. In the present case it has been categorically found by the Special Tribunal that at the time of occurrence that is in 1986 the detenu was aged in between 16 and 17 years. Since the Tribunal found her age in between 16 to 17 years at the relevant time, she w......e girl was given there, it is very difficult to rely on the alleged certificate............. (11) In this case the petitioner has totally failed to prove by adducing any independent and reliable evidence that his daughter (detenu) was minor at the relevant time excepting his statement…&h..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....g with an application under section 5 of the Limitation Act the fact remains that a private individual has to make up his own mind, has to arrange his fund and is normally presumed to be aware on the facts and aspects of his case while in the case of the Government, public interest has to be duly co......Petitioner Vs. Mohammad ...................................Opposite Party Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as ...... 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)
....lve setting up of a new case and in view of this matter the learned Munsif committed an error of law in not exercising his discretion on judicial principle. .................. (5) Explanation of facts and circumstances and delay Delay, facts and circumstances shall be explained For ad...... This Case is also Reported in: 43 DLR (1991) 77. ......rcising his discretion on judicial principle. .................. (5) Explanation of facts and circumstances and delay Delay, facts and circumstances shall be explained For admission in evidence any document, delay and facts and circumstances of the case shall be explained. Kanda ..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
....ishad, Nabinagar, an elected public office for the previous term and an important political leader of the said Upazila, is highly deprecated and he is to remain careful in future not to suppress facts while seeking redress from a court of law and in setting in motion unnecessary, frivolous and ......ue J Ziaul Hoque........................................................................................Petitioner Vs. The Election Commission, Sher‑e‑Bangla Nagar, Dhaka and others ............Respondents Judgment May 30, 1990. Result: The Rule is di......;jection rather they participated in the election. He further submitted that his client's age was actually 29 years at the time of filing nomination paper on the basis of unassailable documentary evidence and relying upon which the Returning Officer allowed the respondent No. 5 to contest the el..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....and thrown themselves at the mercy of this Court. They feel extremely sorry and repentant for the delay in complying with the Court's advance order of release dated 5.4.89. By way of stating facts they have stated that as a Jailor and Deputy Jailor their duty is to receive and release the p......te—For the Contemner-Respondents (In both the petitions). Contempt Petition Nos. 9 & 10 of 1989. Judgment Mustafa Kamal J. - These two contempt Rules have been heard together and will be disposed of by the same judgment as they arise out of a same transaction. 2. In Con......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....c. Case No.19/81. The Court also decides to allow the Miscellaneous Appeal No.216/81 and Orders for vacating the order of injunction passed in Title Suit No.233/80. 2. Considering all these facts, the Court unanimously decides that Meher Ali, Ful Chand, Rustam, Dil Mohammad and Ali Hossain......l Revisional Jurisdiction) Present: FHMH Rahman J Mohammad Ismailuddin Sarker J Meher Ali....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Res......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....ot 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 case, convicted the accused Ananda under sections 376/109 of the ......Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......sence of the parties and disposed of by this judgment. 5. Mr. S.R. Karmaker, the learned Advocate who appeared in this case for the appellant, having taken me through the impugned judgment and the evidence on record submitted that the order of conviction and sentence as passed by the Special Tr..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....o the rule of law, conviction can be based solely on the confession of the maker, if it is found voluntary and true though the rule of prudence may require some sort of corroboration with giving facts. It is not necessary that each and every circumstance mentioned in the confession regarding th...... Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The Code of Criminal Procedure (V of 1898); Section 164, 342 and 364 Discovery of the dead bodies are relevant fact for finding out the clue The c......sed must independently be corroborated as it is necessary in the case of using the confession of an accused against his co-accused. It is enough if the general trend of confession is substantiated by evidence which would tally with what is contained in the confession. For ascertaining as to whe..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....ve time and expenses of the parties in the disposal of the suit. ........ (8)
Time for pronouncement of judgment discretionary any not mandatory
When issues have been framed both of law and facts and the Court is satisfied that no further argument or evidence that the parties can at once a...... (1991) 79.
......it. ........ (8)
Time for pronouncement of judgment discretionary any not mandatory
When issues have been framed both of law and facts and the Court is satisfied that no further argument or evidence that the parties can at once adduce is required upon such of the issues as may be sufficien..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....t for sale and the defendant No.1 put him into possession and this assertion of his ownership by purchase openly, continuously 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 pos......eries Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgmen......iya, the learned Advocate appearing for the defendant firstly submits that acquisition of title by adverse possession having not been claimed either in the plaint or at the trial and there being no evidence of claim by adverse possession from a specific point of time and admittedly the plaintiff..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....bmissions. On behalf of the petitioner the learned Advocate Mr. S.S. Haider made his submissions and on behalf of the State the learned Advocate Mr. S. B. Barua made his submissions.
3. The facts of the case, in short, are that on 8.6.88 First Information Report was lodged at Araihazar P......990) 79. ......d the minor's declaration before the Magistrate as to age are no proof as to age."
In the case of Moru Devi Vs. The State or Kerala, A.I.R. 1958, Kerala 8 it has been observed f that the medical evidence as to age of person cannot, be utilized to override the effect of other cogent evidence o..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Result: 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 t......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......y, for the execution of such repairs might not be reasonably necessary to the reasonable use of the van by the bailee, which was the purpose of the bailment; but there is no suggestion in the evidence that any of the repairs in respect of which the lien was claimed were not necessary t..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. ...... 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......s-examination he said that the police seized report, Ext. 19 in his presence. But he could not say who wrote and signed the report Ext. 19 (X). 9. The learned Special Judge after considering the evidence on record came lo the finding that the accused realised the money from different tax payers..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....der of detention which was substituted by the so-called fresh order resulting in the effect in continuing the detention without any break which was the subject matter of the rule. 5. Back to the facts: The undisputed facts that have emerged in course of the proceeding are as follows: On th...... 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......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)
.... the accused after beating her on 2.11.84 ousted her from the house of the accused. The allegations made in the F.I.R. are vague, there is no specific allegation against the accused in the F.I.R. The facts of the case do not come under purview of the Cruelty to Women (Deterrent Punishment) Ordinance......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......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)
....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 appreciation of facts and correct interpretation of law involved in this case. 6. Facts of the case, though a l......R (AD) (1988) 56. ......namely mortgagor's son and then she switched on to her claim to the right of redemption and made an application to be transposed to the side of the plaintiff. The learned Munsif on discussing the evidence observed: "I have shown that there is no evidence that Sristidhar got possession ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....l of the lease in favour of the stranger respondents 6 to 9 and the declaration of the property as vested property were all arbitrary, illegal, malafide and without any sanction of law. Upon the said facts and circumstances the petitioner made this application under Article 102 of the Constitution. ...... 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......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)
....aintiff petitioner had sufficient genuine ground for praying for adjournment as the suit could not proceed without those essential documents. The learned Subordinate Judge took the view that in the facts and circumstances of the case for the ends of justice the order of dismissal should be vacated......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......rayer for adjournment made by the engaged advocate on behalf of the plaintiff. The learned subordinate Judge did not dismiss the suit on merit stating that plaintiff's suit is dismissed for want of evidence or for the failure of the plaintiff to establish his case by adducing any oral or documenta..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
.... learned Additional District Judge, 1st Court Patuakhali in Title Appeal No.34 of 1982 affirming those passed by the learned Subordinate Judge, 2nd Court, in Title Suit No.4 of 1982.
2. The facts of the case lie in a narrow compass and may be stated thus:- One Taramoni, the mother of defen......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 ......tepping 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, by cogent and reliable evidence. In the case of Ahsan Ali Vs. District Judge, PLD 1969 (SC) 167 (173) the Supreme Court of ..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....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. ......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...... resulted in 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 s..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
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