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Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....f the Dhaka High Court. In that case the question of admissibility of a certified copy of a plaint also came up before the Bench for consideration. His Lord ship Abdullah, J. on interpretation of the provision of section 74 of the Evidence Act held that plaint or a written statement on being admitte......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....1.85 passed by the Sessions Judge, Chittagong in Sessions Trial Case No.103 of 1981 rejecting the petition of accused Ruhul Amin to release him on stopping the trial on 30th September, 1985 under the provision of section 8 of Ordinance No.XXXVII of 1983 should not be set aside and the trial sho......d also providing that if the trial cannot be concluded within the specified time or extended time, further proceedings in respect of the trial shall stand stopped and the accused person released. The law makers were aware of the pendency of a very large number of cases in which cognizance had alread..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
.... offence and acquitted him of the charge. 6. The complainant then preferred the present appeal. In this appeal the only point raised was that the learned Additional Sessions Judge overlooked the provision of law inasmuch as after the promulgation of P.O. 7 of 1972 dissolving local Council ......acquitted him of the charge. 6. The complainant then preferred the present appeal. In this appeal the only point raised was that the learned Additional Sessions Judge overlooked the provision of law inasmuch as after the promulgation of P.O. 7 of 1972 dissolving local Council and Municipal..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......t existed from the very beginning. Its subsequent exhibition is not a test of cheating. The initial intention to deceive having not been proved the conviction under s. 420 of the Penal Code is bad in law because the mere fact that the petitioner refused liability subsequently does not necessari..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
....rtain how long the Civil Court will take to dispose of the suit. Similar views have also been taken in 9 DLR (WP) 7, 22 DLR 502 and 25 DLR 331. 5. In view of the aforesaid principles as also the provision of law and in the facts and circumstances of this case we find that the impugned order was...... stay which was made by the Opposite party was mala fide and with fraudulent intent only to defeat the criminal case and that the petitioner will suffer injustice by such indefinite stay and that the law did not provide for such indefinite stay of the criminal case to the prejudice of the petit..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....ibunal and Munsif, Parshuram cited a number of allegations prominent amongst which are as follows:— i) The opposite party No.1 was less than 22 years of age on the date of election. As per provisions of section 7(b) of Ordinance No.LI of 1983, he was not qualified to be elected as Chairma......irman of the concerned Union Parishad. 6. In this Rule Mr. M.A. Karim, the learned Advocate for the petitioner has put forward two points, namely, that the Court below committed an error of law resulting in miscarriage of justice by not giving due weight to the Admit Card Ext. 4, same as E..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....e Additional Sessions Judge, Patiya rejected the motion being Criminal Motion No.297 of 1984 on 17.1.85. Thereafter the accused petitioner obtained the present Rule on 28.4.85. 5. In view of the provisions of section 439 (4) Cr.P. Code to the effect that nothing in section 439 Cr.P.C. shall be ...... submitted the investigation report and that according the observation of the Upazila Magistrate he was lodging a fresh F.I.R. He requested the Police to take necessary action in accordance with law against the aforesaid boat carrying contractor for misappropriation of the Govt. stock. The..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......া ও রাগ বশত এই কাজ করিয়াছিলাম। 8. Mr. B. N. Chowdhury, learned Counsel, appearing for the appellants, submitted that on the stated facts, the law has left some discretion to the Court as to whether the specific performance should be granted. ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....ing Ordinance No.XL of 1977 paragraphs 2 and 5 of the schedule to the Special Powers Act, 1974 containing all the Penal Code offences were omitted from purview of the Special Powers Act. The relevant provisions of Ordinance No.XL of 1977 are as follows: "5. Amendment of Schedule, Act......r and others, 36 D.L.R. 200 to which one of us was a party. In the said case of Kazi Md. Wahidunnabi Vs. Abdus Sattar and others, 36 D.L.R. 200. I observed as follows:— "It is settled law that no person including the State has any vested right in the forum. This view finds suppo..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
.... In spite of the incongruity of a revisional application being available to a party aggrieved against the substantive decision of the District Judge on the Election Appeal and of there being a provision for appeal in the case of a rejection of an application under Order 41, rule 19 C.P.C., th......ash; For the Opposite party No.1 Civil Revision No.176 of 1985. Judgment Mustafa Kamal J.- This Rule obtained under section 115 of the Code of Civil Procedure involves a minor point of law. 2. The petitioner Muktad Hossain Majumder filed Election Tribunal Case No.4 of 1984 before..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
.... enable the detenu to make a representation in writing against the order and also did not inform the detenu of his right of making such representation and the detaining authority also contravened the provisions of section 8(2) of the Special Powers Act, 1974 by not communicating grounds at the time ...... Sd/ 27.2.85. Sr. Scale Section Officer." 4. The said order was served on the detenu on 28.2.85. This order was served on the detenu on 28.2.85. The detenu was thus detained unlawfully from 23.2.85 to 27.2.85 without any order of detention whatsoever and the detaining authori..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....ons under section 164 Cr.P.C. as well as record the evidence of witnesses in presence of the accused persons allowing them opportunity to cross-examine them through their engaged lawyers making legal provision that such evidence shall be substantive evidence in his Court as well as in the Courts of ...... of deceased Lutfunnessa. On 5.9.83 deceased Lutfunessa was in the house of accused Noor Mohammad. The house of accused Noor Mohammad is about 1½ mile away from the house of his father-in-law P.W.3 Khuillya Mean. Lutfunessa was murdered in the night of 5.9.83. On 6.9.83 when P.W.3 Khuill..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....ssue neither side has been able to lay before us any decision from our own jurisdiction or from the erstwhile Dhaka High Court. Let us, therefore, examine the terms of the law itself namely, the provisions of section 420 Penal Code with regard to the sentence prescribed therein. The section rea......r obtained this Rule on two grounds; firstly, the sentence of fine only under section 420 Penal Code was an illegal sentence inasmuch as a substantive sentence of imprisonment was essential under the law and accordingly legal and proper sentence should be awarded to the accused for the offence ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....t issue neither side has been able to lay before us any decision from our own jurisdiction or from the erstwhile Dhaka High Court. Let us, therefore, examine the terms of the law itself namely, the provisions of section 420 Penal Code with regard to the sentence prescribed therein. The section rea......r obtained this Rule on two grounds; firstly, the sentence of fine only under section 420 Penal Code was an illegal sentence inasmuch as a substantive sentence of imprisonment was essential under the law and accordingly legal and proper sentence should be awarded to the accused for the offence und..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....e accused persons could produce any valid document for their possession of these foreign goods and for bringing them into Bangladesh and that the smuggled goods have been seized under the appropriate provisions of the Customs Act, 1969 read with Import Control Act, 1950 and Martial Law Regulation No......o Special Tribunal No.1 was irregular and that the taking of cognizance of the offence u/s. 25B of the Special Powers Act by the Special Tribunal No.1 is without jurisdiction, illegal and contrary to law as such the continuation of the proceedings against the accused petitioner is an abuse of t..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....strate Feni, Noakhali. 4. Thereafter the complainant petitioner obtained the present Rule. 5. Mr. A.F.M. Shahid, the learned Advocate for the petitioner submits that regard being had to the provision of Section 439A Cr.P.C. the Sessions Judge had no jurisdiction to exercise the power of qu......te Feni, Noakhai should not be quashed. 2. The petitioner filed the aforesaid case on 4-6-1980 on the allegations, that on 30--80 the accused opposite parties along with 10/15 others formed an unlawful assembly and upon being armed committed lurking house trespass at night and forcibly took pos..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....r of acquittal of the accused opposite parties exercising the power under section 561A of the Code of Criminal Procedure. Section 13(1) of the Village Courts Ordinance, 1976 clearly provides that the provisions of the Code of Criminal Procedure shall not apply to the proceedings before any Village C......sent. Heard both sides. On hearing it appears to me (1) Whether the appeal is maintainable, (2) Whether the order of the Chairman of the village Court in his judgment is valid in the eye of law. About the first point the appeal is obviously time barred as not filed within 30 days from..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)
.... "No appeal by the complainant from an order of acquittal shall be entertained by the High Court Division after the expiry of sixty days from the date of the order of acquittal." No provision has been made by the Code of Criminal Procedure, by which the aforesaid limitation of......o decide whether this section is applicable to the present case it is necessary to read it with section 29(2) of the Limitation Act which reads as follows:— “29(2). Where any special law prescribes for any suit, appeal or application a period of limitation different from t..Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
.... on statute than on practice. These enactments of the statutes in England was possibly due to conflict of jurisdiction between the country Courts and the Court of Admiralty. However, by virtue of the provision of section 6 of the Admiralty Court Act, 1861 the jurisdiction of High Court of the Englan......f cannot be enforced against any other ship other than that in which the goods were carried to Bangladesh, and as such admiralty action in rem against vessel m.v. CHERRY ORIENT is not maintainable in law and the order of arrest is liable to be vacated and the Bank Guarantee furnished may be returned..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
.... fact inconsistent with the previous pleadings of the party pleading the same." 7. In a decision reported in 27 Dhaka Law Reports 413 Abdur Rahman Chowdhury, J., considering the above noted provision, held "matters not specifically raised in pleadings-parties cannot be allowed to lead...... of the claim of the plaintiff in his deposition as permitted by the Court by its order dated 11.9.83. Under the provisions of section 115 C.P.C. the High Court Division can rectify the error of law in a matter which has come to its notice or suo moto where the impugned order has been passed by..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
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