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....acts 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 sufficient for the decision of the suit and no injustice will result from the such proceeding with the suit forthwith, the Court may proceed to deter......njustice will result from the such proceeding with the suit forthwith, the Court may proceed to determine such issues and if the finding thereon is sufficient for the decision, may pronounce judgment accordingly. In DLR 30(SC) page 30 this views have been expressed by their Lordships......................sible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
...... ...............................................................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.......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..............Appellant Vs. Mohammad Abdul Jalil Mea & others....................................Respondents Judgment March 13, 1989. Result: The appeal is allowed without any order as to cost. Cases Referred to- ILR Bom. Series Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol......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
....u Mia, (4) Serajul Islam, (5) Fazlul Huq, (6) Abdul, (7) Abdus Salam and (8) Abul Kashem to surrender before the Upazila Magistrate, Araihazar on a date fixed, by him as they are still fugitives from justice in that Court of the Upazila Magistrate Araihazar. Let a copy of this judgment be sent at ......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. ......s.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Parties
Judgment
December 13, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Bhola Nath Goshami Vs. The Commissioner of Police, Calcutta and others, 41 C.W.N. 333; Jai Da...... 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)
.... 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. ......eives due remuneration for the services he has rendered in respect of them." 11. Illustration (a) makes it clear: 'A delivers a rough diamond to B, a jeweller, to be cut and polished, which is accordingly done. B is entitled to retain the stone till he is paid for the services he has rendered...... 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 defendant's transaction with the Bank and that the vessel ......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)
....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. ......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. ......ahmudur Rahman J Jalaluddin Ahmed Chowdhury……………... Appellant Vs. The State.............................. Respondents Judgment March 23, 1988. Cases Referred to- Bird Vs. Jones, (1845) 7 Q.C. 742; P. Narasayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 ......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)
....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. ......red to have-been passed without any lawful authority and is of no legal effect”. Had the prayer in the petition been drafted in terms of Article 102 (2)(b) (1) and had the rule been issued accordingly there would have been no scope for the High Court Division to proceed, in the manner it ...... Parvin Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. Result: The detention is held to be illegal. The Constitution of Bangladesh, 1972, Article 102 Materials were available ......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)
....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 u/s. 30(1) of the Special Powers Act, 1974 against any order, judgment or sentence of the Special Tribunal. The 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 Reporte......eard learned A.P.P. Mr. Saidur Rahman who appeared for the State. Also heard Id. Advocate for the aced. It has been alleged in the F.I.R. that the informant Firoza Begum gave Tk. 20,000/- as jawtuk to her husband accused Hormuz taking the same from her father and that the accused after beating her......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. ......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. ......njan Das being dead his heirs: Bimal Kanti Das and others………….Respondents Judgment July 20, 1987. Result: The appeal is dismissed without any order as to costs. The Code of Civil Procedure, 1908 (V of 1908) Section 11 An adverse finding agai......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)
....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. ......respondent Nos.6-9 and by which the said proposal were approved were also equally without jurisdiction. In other words the impugned orders had no lawful authority or legal sanction. This rule is accordingly made absolute. The impugned orders are declared to have been passed without any lawful a......…Petitioner Vs. Bangladesh & others…………………………………………..Respondents Judgment March 22, 1987. Result: The rule is made absolute. Cases Referred to- AIR 1947 (Lahore) 117. Lawyers Involved: S.C. Das with Subrata Chowdhury, Advocate -For......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)
....or 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 and accordingly he set aside the order of dismissal......eed 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 and accordingly he set aside the order of dismissal and restored the suit to its original file and numbe......oner Vs. Sonali Bank of Bangladesh & another………….Respondents 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 C...... 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
....rong standpoint.
22. From the above discussion I am inclined to hold that the Court of appeal below has fallen into error of law resulting in an error in the decision occasioning failure of justice. It has already been noticed that an application was filed by the plaintiff for additio......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
......
Present:
Bimalendu Bikash Roy Chowdhury J
Subitri Bari………………………………Petitioner
Vs.
Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others…&......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)
....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. ......re also of the opinion that this illegality is not curable under section 537 of the Code of Criminal Procedure. 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.....................Accused-Appellant Vs. State……………………………………………..Respondent Judgment May 13, 1986. Result: The appeal is disposed of. Case Referred to- Md. Md. Mosaddur Haque Vs. State (1958) 10 DLR (SC) 29. Lawyers Involved: Akram Hossain......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)
.... mala fide. It has been further contended by the learned counsel that the petitioner’s lease was cancelled without giving him any show cause notice and it is violate of the principle of natural justice. 8. The learned Attorney General appearing for the respondent No.1 has submitted t...... having taken us through the petition along with the annexure and the affidavit-in-opposition and the affidavit-in-reply, has submitted that the petitioner having undertaken the development work according to the approved plan and the petitioner having paid upto date rent as evidenced by th......ip;……………………………Respondents Judgment April 23, 1986. Result: The Rule is discharged. Cases Referred to- Hasna Mansur & others Vs. Secretary, Ministry of Public and Urban Development and ......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
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......l Faiz by gun shot. The Police after investigation submitted charge sheet on 11.1.79 against accused petitioner Ruhul Amin recommending discharge of accused Delwar Hossain and 21 others who were accordingly discharged on 15.1.79. On 9.3.81 accused Ruhul Amin surrendered before the Sub-Divisiona..................Petitioner Vs. The State..........................................Opposite party Judgment March 19, 1986. Result: The Rule is discharged. Cases Referred to- James Gardner Vs. Edward A. Lucas, (1878) 3 A 532; Colonial Sugar Refining Co. Vs. Irving ......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)
....ance of the accused respondent we are of the view that imposition of a fine of Tk. 1,000/- (taka one thousand) only in default to suffer simple imprisonment of three months will meet the ends of justice. 19. This appeal is accordingly allowed. The order of acquittal passed by the Addi......ondent was acquitted. 2. The appellant Most Ayesha Sultana @ Minu made a complaint on 2.4.81 before the Sub-Divisional Magistrate Narayanganj saying that she was married to accused Shahjahan Ali according to Muslim Law on 31.5.74 when the dower was fixed at Tk. 25,000/-. The marriage was duly r......side and the accused respondent was acquitted. 2. The appellant Most Ayesha Sultana @ Minu made a complaint on 2.4.81 before the Sub-Divisional Magistrate Narayanganj saying that she was married to accused Shahjahan Ali according to Muslim Law on 31.5.74 when the dower was fixed at Tk. 25,000/-......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. ......opposite party, namely, the Berger Paints Bangladesh Limited which restricted the credit facilities and the goods were given only on receipt of the post-dated cheques. This means that while according to the original terms of their business the petitioner was enjoying credit facilities..........Petitioner Vs. The State & another............................Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeed......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)
....3. The petitioner submits that the prayer for 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 cri......in the facts and circumstances of this case we find that the impugned order was illegal and it has unduly prejudiced the petitioner and therefore the said order is liable to be set aside. The rule is accordingly made absolute and the impugned order is set aside. The Criminal proceeding will continue......…Petitioner Vs. Mrs. Wahida Khan & 5 others………………Opposite-Parties Judgment February 14, 1986. Result: Cases Referred to- Rafique Ahmed Vs. Badiul Alam, BLD 1984 page-319; Khalilur Rahman Vs. Md. Idris, 20 DLR 195...... 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)
....ishad. 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 Ext. A, and by not adverting to t......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ..................Petitioner Vs. Mobarak Uddin Mahmud .........................Opposite parties Judgment February 12, 1986. Result: The Rule is discharged. Cases Referred to- Imam Hossain Bepari Vs. Election Tribunal, 31 DLR 381; Mohammad Hashem Vs. Safdar, ILR 14 (......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)
....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ......P.S Case No.2 (3)/82 which was dismissed by the Upazila Magistrate, Banshkhali on 4.3.84 under section 203 Cr.P.C. as the Investigation Officer had not yet submitted the investigation report and that according the observation of the Upazila Magistrate he was lodging a fresh F.I.R. He requested the P.................Petitioner Vs. The State.........................................Opposite party Judgment January 30, 1986. Result: The Rule is discharged. Cases Referred to- Nader Ali Sheikh Vs. The State, 1984 BLD (AD) page 7; Ram Singh Vs. The Crown, AIR 1950 (Ea...... 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)
....mance would involve no such hardship on the plaintiff. The plaintiff has not done any substantial act or surfer any loss in consequence of the contract. Hardship is to be judged in the scale of the justice and in the facts of this case non-performance of the contract would involve no such hardship......ent that was executed was in fact a security bond for the money advanced. The trial court, however, found that the plaintiff had proved the contract and repelled the contention of the defendant and accordingly decreed the suit which was affirmed by the High Court Division. Maimur Sultan died durin......s.…………………Appellants Vs. Golam Ahmad Shah and others………….Respondent Judgment January 27, 1986. Result: The Appeal is allowed. Cases Referred to- Davis Vs. Mensosa 38 Calcutta 805 (P. C.); Sarkarlinga Vs. Ratnoswami Nadar. AIR 1952 (Mad.......া 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
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