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Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....in 41 DLR 543 (Abu Taher Mia Vs. Fariduddin Sarker and others). In this case a question arose as to the implication of section 7(2)(g) of the Local Government (Union Parishad) Ordinance, 1983 wherein identical clause of disqualification as that of the present one has been mentioned. In that case the......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......s not annexed the initial order of rejection passed by the Returning Officer. It appears from the appellate order, Annexure‑D to the petition, that the concerned authority took note of the relevant facts that the petitioner took loan to the tune of Tk. 2 lacs in 1980 from the concerned Bank, which..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....roject authority. In the result, I allow the 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......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
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 ......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......aim of the bank but that was refused due to lapse of date fixed. Then a suit for specific performance of contract being filed by the plaintiff against the judgement debtor defendants, in view of such facts the trial courts order staying proceeding of the execution case is perfectly justified and the..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. ......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......te party No. 1 (defendant No. 8). This speaks of suppression, even fraud. Studied in the light of the decisions cited by the learned Advocate for the opposite parties, we are inclined to hold, in the facts and circumstances of the present case, that limitation was not a material point for decision o..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. ......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......case. 40. In any view of the matter, since we have held that the ingredients of section 366A of the Penal Code and those of section 4(b) of Ordinance No. LX of 1983 are not at all attracted in the facts and circumstances of the present case, the impugned judgment of acquittal passed by the Specia..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. ......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......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..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
.... 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. ...... 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. ......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..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)
.... not disclose reason why 10 years delay occurred in filing amendment petition seeking admission of unregistered kabuliyat. Further, it appears that the land involved in the suit does not appear to be identical with the land mentioned in unregistered kabuliyat and this will necessitate framing of new......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......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..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... 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. ......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 ......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 ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....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. ......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. ......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..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)
....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. ......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 ......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..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
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.......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......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 ..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. ...... 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......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..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.
......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......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..
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.......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......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..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. ......(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......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..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. 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...... 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..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. ......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 ......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)
....rders on an application conferred on the High Court Division in its own terms. In 1962 Constitution it was Article 98 and in the Constitution of Bangladesh the jurisdiction had been done in identical language Article 102. 13. The Supreme Court of Pakistan in series of decisions has po......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......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..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.......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....... 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..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
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