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Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......alia, that an area of 1.70 acres of land of plot No. 141 of CS. Khatian No.87 belong to Sharif Sheikh having 8 annas share and Johiruddin, Amiruddin and Samiruddin owned remaining 8 annas jointly and accordingly record of right was prepared. On the death of Samiruddin defendant No.2 got the land of ...........................Opposite Parties Judgment March 29, 1990. Result: The Rule is made absolute It is incumbent on the part of the 1st Appellate court as final court of fact to discuss and assess evidence on merit and to give his own finding………...............applied its mind to all salient facts and points for decision. ................(12) It is the duty of the lower Appellate Court to discuss the evidence led by the parties as well as the point of law that arise and to give his finding thereon along with the reasons for those findings. The findin..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....n award is otherwise valid a Court cannot interfere with it or review it. Our superior courts have always expressed opinions in favour of non‑interference unless the findings are perverse causing injustice or the Arbitrator has misconducted himself or the proceedings or the award improperly procur......he contractor appellant within a period of 30 days from the date of the Award. 3. The appellant contractor by a letter dated 31.1.1987 requested the Arbitrator to file the award in the Court and accordingly the latter filed the same in the court of the Subordinate Judge, 2nd Court, Chittagong o..........Appellants Vs. Chittagong Port Authority and another..............................Respondents Judgment March 28, 1990. Result: The appeal is allowed. The Arbitrator should give notice to other parties about ex-parte hearing and also about the passing of ex-part......ulated period of time. The conclusion of the arbitration proceedings depends upon the facts and circumstances of each case……………………(22) The law has not prescribed a minimum time limit within which an arbitration proceeding must or must not ..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....ovision permitting such party to prefer an appeal against such an order……........(6) The Court should proceed on the principle that every procedure which furthers administration of justice is permissible even if there is no express provision permitting the same..........................e suit land and as such the decree passed in the suit has adversely affected his interest. In that view of the matter the learned District Judge has committed an error of law his decision in not according permission to the petitioner to file the appeal. In the result this Rule is made abs......s made absolute. H.M. Saya & Co. V. Wazir Ali Industries Ltd. 21 DLR (SC) 50 Case referred, Where a transfer is hit by section 52 of the Transfer of Property Act a transferee is not entitled to hold his title against a party to the suit sought to be affected by such transfer but the transfe......on behalf of the petitioner, that the petitioner being a person adversely affected by the judgment and decree passed by the Trial Court, the learned District Judge has Committed an error of law in his decision occasioning failure of justice in refusing leave to the petitioner to prefer the..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......ransfer of Property Act, 1882; Section 106 Whether the present defendant- respondents who were substituted during the pendency of the suit upon the death of the original tenant are liable to be ejected without any further notice and whether the defect in this notice under sec......es in respect of the demised premises. Although the tenancy was operating in terms of Bengali Calendar month the landlord issued a notice under section 106 of the Transfer of Property Act through his lawyer on 3.6.77 asking the tenant to vacate the demised premises "after 30-6-77". The Tri..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......ll the issues except issue No.5 for consideration and decided them in favour of the plaintiff and in answer to issue No.5, he opined that the plaintiff was entitled to get relief in the suit and accordingly decreed the same. 14. Let us take up the first point raised by the learned Advocate......aracter It is well settled that evidence of an expert witness is of very weak nature. The evidence and the opinion of the expert deserve consideration like another evidence but such evidence has to be received with great caution……………… (26) Eklas Kh...... defence. Disbelief of the defence ipso facto does not make the plaintiff’s case believable. 10 DLR (PC) page 1 cited In the case of an expert disposal of a suit, some requirements of law must be fulfilled before passing an expert decree in favour of the plantiff by the court. The co..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ...... 15, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 17 Whether admission of the defendant in a separate proceeding can be accepted as evidence to hold that he was a tenant under predecessor-in-interest of the plaintiff whose case against the d......The plaintiff is in possession of the schedule property on payment of rents etc. since then. The plaintiff alleges that defendant No. 1 is a trespasser and he had or has no right, title, interest and lawful possession of the land and houses in suit, Fabricating some rent-receipts and putting a ficti..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......ed the oral testimony of the witnesses regarding the injury inflicted on the victim by the accused party and found consistency in the, evidence in the matter of infliction of injury on the victim and accordingly their Lordships acted upon the oral testimony of evidences. 24. In the instant case......ties of different individuals differ from each other in the matter of observation, perception and memorisation. They can hardly be the ground for rejecting their evidence when there is a consensus as to the substance of their evidence............................... (20) Exactitude and consisten...... would be unreasonable. State Vs. Mokbul Hossain 37 DLR 157 relied. ...................... (23) Single witness can be the basis of conviction It is a sound and well established principle of law that it is the quality and not the quantity of evidence that matter. There is no impediment in l..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....documents in their originals are yet to be produced and examined by the Civil Court the criminal proceeding where those very documents are claimed by the informants as forged, may, in the interest of justice, be stayed till the disposal of the civil suit. Lawyers Involved: Rafiqur Rahman......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......Code of Criminal Procedure, 1898 (V of 1898), Sections 195(1) (c) & 561A Whether the jurisdiction of the Criminal Court was barred under section 195(1) (c) of the Code of Criminal Procedure to take cognizance of alleged offences except on the complaint in writing of that Civil Court. ......he suit land measuring .765 acre and also for further declaration that the kabalas of the principal-defendant and others were not binding upon them. In that case the plaintiffs, as required under the law, filed in court along with their plaint the copies of their kabalas. Respondent No. 2 appeared i..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ...... loan taken from some banks and as such his nomination can be rejected under section 7(2)g of the Local Government (Union Parishad) Ordinance, 1983. ....................(12) Cases Referred to- Abu Taher Mia Vs. Fariduddin Sarker and others, 41 DLR 543; Sk. Abdus Sabur Vs. The Return......d in the relevant disqualification clause the petitioner cannot be said to be a defaulter of the loan. Thus, rejection of his nomination paper is absolutely illegal and same has been done without any lawful authority and the same is of no legal effect. 4. The disqualification clause runs as fol..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....case from evidence it appears to me that the motors belong to the Project. As I have set aside the order of conviction and sentence and acquitted the accused from the charge I direct, for the ends of justice, that the 4 electric motors seized shall be returned to the project authority. In the r......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. ......lowed. The question is whether theft of electric pumps will be an offence punishable within the meaning of section 16 of the Special Powers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the Special Powers Act and a person...... The charge under section 16 of the Special Powers Act, 1974 can not be invoked for alleged theft of electric power pumps and consequently the order of conviction and sentence is not sustainable in law………………………..(14) Case Referred..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....ocedure. Even if the discretion exercised by the subordinate Court is not in strict conformance with law and rules, the discretion would not be interfered with if it does not occasion failure of justice. In the instant case restoration of the partition suit for decision in presence of all the c......r and sisters of the petitioner and the opposite party No. 1, the brother of the petitioners entered appearance. They affected a compromise and filed a solenama on 27.2.84. The final decree was drawn according to the solenama (dated 1.4.84. On 4.5.84 opposite party No. 1 Nazmul Hassan filed a separa...... Nazmul Haq @ 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 divi......ial point for decision of the Miscellaneous Case under Order 9 rule 13 of the Code of Civil Procedure. Even if the discretion exercised by the subordinate Court is not in strict conformance with law and rules, the discretion would not be interfered with if it does not occasion failure of justic..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....it is a perverse judgment, the State or the person aggrieved will have no remedy against such an illegal order of acquittal and consequently the accused will go unpunished, occasioning failure of justice. So, considering the question by applying any of the tests indicated above, I have no doubt ......ys the girl being major had the consent to go with the accused. If the girl is below 16 the father can claim the custody but if the girl is above 16 then she will be treated as major and she can go according to her free will. For the purpose of section 366A of the Penal Code the girl must be in be................Appellant Vs. The State…………………………………………………..Respondents Judgment August 16, 1989. Result: This appeal is dismissed. Cases Referred to- Firoza Begum Vs. Hormuz Ali & another, 40 DLR 161; Abdul Halim Mollah alias Monohar Molla......inance No. LX of 1983. The police subsequently arrested the accused Nawshed and the victim girl Uma Rani Malakar. After investigation police submitted charge sheet under the aforesaid provisions of law. Ultimately the case was sent to the Special Tribunal for trial as an offence under section 4(b)..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. ......ategorically stated that when she went with Nawshed she was 19 years old and she had got all the maturity and knowledge of understanding. On her own accord she embraced Islam and then married Nawshed according to Muslim Shariah. She went with Nawshed according to her free will and there was no force......e 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 was major under section 361 of the Penal Code and as such she ......u 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 such there was no valid conversion and valid marriage in the eye of law. A horoscope as well as the school certificate clearly show that the detenu was born on 29th of ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....longer time in making the decision and then in processing the matter. Bangladesh Vs. Zahiruddin 1986 BLD (AD) 180 referred......... (9) Right of appeal – Universal In the interest of justice or in the facts and circumstances of this case it will not be fair to deprive the defendants...... 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. ...... for the citizens and that the Government can not enjoy a special privilege in the matter of condonation of delay in filing appeal……........(8) Paraphernalia leads Government to longer time for filing appeal for delay condonation The statute of limitation makes no disti.............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)
....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. ......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. ....................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 amendment is necessary for determining the real ...... 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. ...... 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. ......fect the petitioner who is not resident of any of the villages taken away by the Government by an impugned notification. The residents of the villages in question are the only persons who may be said to be affected by the impugned notification and as such the petitioner not being resident of any of ......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)
....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. ......cticable. It is not a condition precedent for the release of a detenu, as far as the jail authority is concerned." 13. Since there is a complete failure to obey the orders of the Court even according to the contemners' own statements and since the delay in implementing the Court&#......n, Advocate—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. ......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)
....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. ......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. ...........Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahme......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....... position it is seen that the alleged raping took place during the last few days of the whole abduction process and at a time when Ananda was not in the picture or even living near about because, according to her, she was taken from Faridpur village by a bus to Manikganj. It is in the statement ...... Ananda and others..............................Appellant Vs. The State............................Respondent Judgment May 24, 1989. Result: The appeal is allowed. Case Referred to- Ramji Lai Vs. The State, AIR 1951 Rajasthan 33. Lawyers Involved: S.R. Karmaker, Advoc......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)
....neck for a long period. Thus on giving our careful consideration to the delay in disposal of the reference and appeals along with other factors as extenuating circumstances, we think that the ends of justice will be sufficiently met if we commute the sentence of death passed upon the condemned ......f district Jessore on 22.10.82 having been brought and identified by constable No.662 Tofazzal Hossain and constable No.416 Jabed Ali. The Doctor could not detect any external and internal injury and according to him no definite opinion regarding the death could he given as the dead bodies were deco......Vs. The State.........................................Respondent Judgment April 26, 1989. Result: The death reference is rejected with Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The ......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
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