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Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....ernalia leads Government to longer time for filing appeal for delay condonation The statute of limitation makes no distinction between the Government and the private individual except in certain provisions like Article 149 of the Limitation Act. But in dealing with an application under section .............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 well as for the citizens and that the Government can not enjoy..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)
....ip;……….. (6) Admission into evidence of an registered document falls within the scope of Order 7 rule 18 of the Code of Civil Procedure The policy underlying this legal provision is to exclude evidence the existence of which at the date of the suit is doubtful and as t...... Md. Mokbul Shah and others...........................Opposite Parties Judgment August 2, 1989. Result: The Rule is discharged. Non-exercise of discretion – an error of law The amendment sought for ought to have been allowed by the Trial Court inasmuch as amendmen..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. ......shy;gar Upazila in election held on 16.3.90 in pursuance of Gazette Notification issued by respondent No.1 as contained in Annexure‑B dated 1.3.90 is not declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner was a candidate in the el..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....obey the orders of the Court even according to the contemners' own statements and since the delay in implementing the Court's advance order of release cannot be explained in terms of any provision in the Jail Code or in terms of the Government's instructions we hold that the contemn......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 prisoner as and when directed by the Courts of law or the authority concerned. They have no personal interest in keeping a person in detention any ..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)
....e said ex parte decree which was allowed on contest on 30.12.72. Thereafter it was found that the said Misc. Case No.77/72 was filed without depositing the cost or submitting any security as per provision of section 17(1) of SCC Act Hence the plaintiff challenged the validity of the order dated......state of Dhaka. Shorojini Bala Dutta constructed tin-huts in the suit land and let out the premises to defendant No.1 as monthly tenant. She executed a Will dated 4.12.82 in favour of her daughter-in-law Anjali Rani Dutta. After the death of Shorojini Bala Dulta her daughter-in-law Anjali Rani Dutta..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.......t, 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 Tribunal in this case cannot be sustained in law because the said is not supported by the evidence on record. In elaborating this point Mr. Karma..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. ......d bodies, that are relevant fact for finding out the clue of the crime and hence admissible under section 27 of the Evidence Act ……………….(33) The rule of law Confession is strikingly a very important and convincing material for proving that the offe..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....ed of on the issue of law only, then it shall try that issue first and for that purpose it may even postpone the settlement of the issues of fact till determination of the issue or issues of law. The provision appears to be obligatory....... (8)
Austerity in time and expenses of the parties
...... ...............................................................Opposite Party
Judgment
April 18, 1989.
Result:
The Rule is discharged
Priority of determination of issues of law
Where issues both of law and of fact arise in the same suit, the Court is of opinion that ..
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.......The learned Advocate next contends that in the suit no specific issue was framed by the parties regarding the acquisition of title by adverse possession and as such the trial Court acted wrongly in law and fact in framing an issue of adverse possession suo motu and decreeing the suit on that bas..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
.... .parents in their house. Accused Shahidul Islam will be able to earn money and maintain me by doing some business".
6. Undisputedly Ranjana Rani Das is not an accused in this case. The only provision of law which is applicable in the matter of keeping her in judicial custody in jail is sec...... made to the Majority Act, 1875 the Guardians and Wards Act, 1890 and Child Marriage Restraint Act, 1929 (as amended in 1984) and it was submitted that her alleged conversion to Islam is illegal, unlawful and ab initio void that she being a Hindu minor is not legally competent in law to give any c..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....terials was pledged to the Bank. The contention of the learned Counsel for the appellant that the Bank ought to have proceeded against the defendant's other securities has got no substance. Under the provisions of section 176 of the Contract Act, 1872 as well as under the terms of the transactions t......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 vital distinction between pleading law, which is not permitted and raising a point o..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....ermissible by law, it is objectionable to sentence persons to imprisonment till the rising of the Court; because it is not a form of imprisonment recognised by law, and it is used to circumvent the provisions of law that require a sentence of imprisonment in jail for a particular term." In re......any indication as to where a sentence of imprisonment is to be served or in other words, where the accused convict is to be detained. Therefore, we are to take aid from Law Lexicon and the judge made law. Wharton in his Law Lexicon quoted the definition of 'imprisonment' given by Tomlin as under: ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....ht before the High Court so that the Court may satisfy itself that he is not being held in custody without lawful authority and in an unlawful manner." The difference in the language of the provisions of sub-clauses (a) and (b) of clause (2) of Article 98 is worth noting. Whilst in the fir......r long eight months. It is the detention which is to be considered and not the order of detention, inasmuch as, the constitutional obligation is to see; 'that is not being held in custody without lawful authority or in unlawful manner." Malafide vitiates everything. The conclusion becomes o..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....Ordinance, 1983). 5. It further appears that the Government has not preferred any appeal against the said impugned order dated 27.4.87 passed by Special Tribunal No. III, Tangail. Relying upon the provisions of section 30(1) of the Special Powers Act the learned Advocate appearing for informant F......ttal etc. But section 30 of the said Act has to be read with Section 27(1) of the said Act. Section 27 (1) of the said Act provides that notwithstanding anything contained in the Code or in any other law for the time being in force, a Special Tribunal may take cognizance of any offence triable under..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. ......is 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 little complicated, are not seriously..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....tes transfer in respect of the subject-matter of the suit, that does not require registration. Thus the position is that the compromise decree holds good as there was no fraud by way of defeating the provision of section 17 of the Registration Act and the respondents have no legal scope or locus s......ase and the approval 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..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. ...... সাপেক্ষে অত্র মোকদ্দমায় চূড়ান্ত শুনানীর জন্য সময়ের প্রার্থনা করে। Heard learned lawyers from both sides and perused the record. It has been found that the plaintiff obtained adjo..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....order.
9. The Proclamation of Emergency was, however, revoked on the 16th February, 1969 resulting in the repeal of the Defence of Pakistan Ordinance and the Rules framed thereunder but the provisions of the Defence of Pakistan Rules relating to the control of trading with enemy and the co......f's case opposite party No.2 was the owner of 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..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....n Amin, the learned Advocate for the accused-appellant submitted that the learned Special Judge framed a charge of criminal breach of trust against the accused appellant in gross violation of the provisions of sub-section (2) of section 222 of the Code of Criminal Procedure and as such the tri......dure. 7. Hence it is ordered that the judgment and the order of conviction and sentence is accordingly set aside and the case is sent back to the Special Judge for holding trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — ..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....ancel or to avoid or to rescind, the laid power can be exercised as stipulated, if the grounds for acting as such existed to the satisfaction of the party. It can also be cancelled under the relevant provisions of the Contract Act but in either case it would not call for a leaving. 30. In the c......ng Writ petition No.19 of 1982 praying for a declaration that the cancellation of the lease of the petitioner and extending the lease of Basirpur Fishermen's Co-operative Society Ltd. was without lawful authority. The Court after hearing the parties vide judgment dated 08.03.1982 made the Rule a..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
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