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A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ......it could not be allowed if it changed the nature and character of the suit, or if the prayer for amendment had become barred by lapse of time and a right had accrued to the other side. But the latter principle can be departed from if there are circumstances which outweigh the hardship and cause a pr...... Judge, Sadar Court, Faridpur in Title Suit No.30 of 1995 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts of the case for disposal of the rule is that the petitioner as plaintiff filed title suit no. 30 of 1995 in the ...... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 199
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......me spent in prosecuting with due diligence, a proper application for review of judgment, exceed the period prescribed by law for presenting the appeal and in holding so their Lordships reiterated the principle as laid down in Karam Bakhsh Vs. Daulat Ram case reported in 1818 PR No.183. The judicial ......ar Sohail, Advocates‑ For the Opposite Party. Civil Rule No. 4(f) of 1990. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 5 of the Limitation Act for condonation of delay in filing the appeal being FAT No.567 of 1989. 2. Facts leading to this ......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232...Category: Procedural Law | Date: | Hits: 111
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......e prosecution case proved or established as the burden of proof on the prosecution never shifts. The prosecution in order to succeed must prove its own case beyond all reasonable doubt. This cardinal principle in the administration of criminal justice is well settled and we have nothing to differ wi......d by the learned Sessions Judge, Sunamganj in Sessions Case No.3 of 1986 convicting appellant Shadat Ali under section 304 Part II of the Penal Code and Sentencing him to suffer rigorous imprisonment for 10 (ten) years and also to pay a fine of Tk. 1000.00, in default to suffer Rigorous Imprisonment......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......rimination in granting bail to these appellants. (iii) That the appellants have been held in jail custody since 12.7.1988 for about 2‑1/2 years without trial and this is highly derogatory to the principles of criminal justice and the fundamental rights as guaranteed and enshrined under Article ......of 1989 and the other at the instance of accused Siraj Mia being Criminal Appeal No.266 of 1990 are directed against two orders dated 12.11.89 and 2.4.1990 respectively passed by the Special Tribunal for Prevention of Smuggling, Sylhet in Special Tribunal Case No.107 of 1988 rejecting the prayers fo......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......nity to know the title of the defendant and that the plaintiff having obtained delivery of possession has still been in possession in respect of the whole of the property. That being the position the principle laid down in the above referred case does not help, rather it goes against the plaintiff a......higanj passed on 31.12.79 in Money Suit No.1 of 1979 should not be set aside. 2. The suit being money suit No.1 of 1979 was filed by the opposite party Md. Sudek Ali Shaik @ Sadek Ali as plaintiff for the recovery of the consideration money amounting to Tk. 7,500.00 from the defendants. The plain......intiff is in ownership and possession of the entire 63 decimals of land. Moreover, the plaintiff was fully aware about the title of his vendors, the defendants from before the purchase. The point for determination in the suit was whether the defendants sold the land without having 16 annas Tight, ti..Category: Civil Law | Date: | Hits: 76
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......stitution the Parliament is to confer power on the local government bodies to impose taxes for local purpose, to prepare their budgets and to maintain funds but by the impugned Ordinance all those principles were violated and as such the impugned Ordinance is void by operation of Article 7 of th......ed to be elected by direct votes on the basis of adult franchise. Under Article 11 of the Constitution: "The Republic shall be a democracy in which fundamental human rights and freedom and respect for the dignity and worth of the human person shall be guaranteed and in which effective participat......on may not conform to the Fundamental Principles. Lastly, there may be a legislative act or an executive action in clear violation of the Fundamental Principles. The question that now comes up for determination is, whether the Court's jurisdiction to intervene is completely barred in all the abo..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......onger voyage through breach of contract, the owner of the goods is entitled to sue for damages. It has further been held that for damages on account of late delivery of goods carried by the ship, the principle of calculating loss for late delivery as in the case of transit by land will be applicable......Md. Mozammel Hoque J Sadharan Bima Corporation………….….Plaintiff Vs. M V Birba and others …………....Defendants Judgment December 12, 1991. Result: This application for return of the plaint is allowed. Cases Referred to- East and West Steamship Co. Vs. Queens......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......ent denying the material averments made in the plaint contending, inter alia, in short, that, the suit is not maintainable in the present form, the suit is barred by limitation, the suit is barred by principle of waiver, estoppel and acquiescence and that the suit is false and fabricated. The defend......esh) Co. operative Bank Ltd. 27 DLR (Dhaka) 523; DP Goenka Vs. Governor-General of Pakistan and another, 7 DLR 134; Pubali Bank Ltd. Vs. Santania Iron and Steel Industries and another, Civil Petition for Leave to Appeal No.644 of 1994 (unreported). Lawyers Involved: Abdur Razzak with Mamun Ali......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......nt has given a different version, the First Information Report story cannot be considered as true and the accused cannot be convicted in consideration of the other evidence on record, It is a settled principle of law that First Information Report is not substantive evidence and it can be only used a......passed by the learned Additional Sessions Judge, 5th Court, Dhaka in Sessions Case No.49 of 1992 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 1,000.00 in default to suffer RI for two months more. 2. ......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...Category: Criminal Law | Date: | Hits: 54
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299........ But from reading of section 48 of the Act we do not find that institution of this case under Penal Code is barred under section 48 of the Act by an explicit provision of this Act, It is the settled principle of interpretation of a statute that unless retrospectivity is expressly given to a provisi...... For the Petitioner. Not Represented — the Opposite Parties. Criminal Miscellaneous Case No. 4927 of 1997. Judgment AM Mahmudur Rahman J.- This application wider section 561A Cr.P.C. is for quashment of GR Case No. 3438 of 1997 pending before the Chief Metropolitan Magistrate, Dhaka. ...... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299...Category: Criminal Law | Date: | Hits: 83
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......Judge of this Court and his Lordship held, “such direction is wrong and un-enforceable in law. Such direction in matters of relationship between man and wife no longer holds good and opposed to the principles laid down in Articles 27 and 31 of the Constitution.” 16. Mr. Hossain has also cited......the judgment and order dated 3-2-98 passed in Family Suit No.27 of 1996 by the learned Senior Assistant Judge and Family Court, Chouddagram, Comilla rejecting the defendant-petitioner’s application for rejection of the plaint under section 6(8) of the Family Court Ordinance 1985. 2. The Opposit......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295...Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ...... obligation arising out of marriage are laid down by Sharia Law. 21. An important obligation is consortium which does not merely mean living together but implies a union of fortunes. A fundamental principle of matrimonial law is that one spouse is entitled to the society and comfort of the other.......waruddin J.- This application under section 115 of the Code of Civil Procedure directed against a judgment of affirmance arising out of a suit being Family Courts Suit No.17 of 1993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family C...... Court shall have exclusive jurisdiction to entertain, try and dispose of any suit relating or arising out of restitution of conjugal right, dower, maintenance, etc. which would obviously include the determination of the validity of a marriage as that is related and interconnected with the question ..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
....urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......te parties, on the other hand, submits that the learned Assistant Judge was perfectly justified in allowing the application under Order 9 rule XIII of the Code of Civil Procedure applying the correct principle of law dominating the field and the same has caused no failure of justice. 10. Mr. Abdu...... Suit No.108 of 1988. By this impugned order the learned Senior Assistant Judge allowed the case of the opposite party under Order 9 rule 13 of the Code of Civil Procedure. 2. Short facts relevant for disposal of the case are that, the petitioners as plaintiffs instituted a suit in the Court of t......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290...Category: Procedural Law | Date: | Hits: 58
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......luded, the civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conformity with the fundamental principle of judicial procedure". 17. In holding that the Court below had jurisdiction in the ma......t Kazi Ebadul Hoque J.- This appeal by the defendants is against judgment and decree dated 27.3.1959 passed by the Subordinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of the same on 3.9.55 ......cision of the Privy Council was relied on in the case of Rafiqul Alam Vs. Mustafa Kamal & others reported in 42 DLR (AD) 137 in holding that "section 26 of the UP Ordinance has put a clear bar to determination of an election dispute by any Court except the Election Tribunal. Secondly, whole sche..Category: Fiscal/Taxation Law | Date: | Hits: 125
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......presence. 7. Now, the question is whether in a case like this, evidence of the informant and the Investigating Officer can be delivered or not. The learned Advocate for the appellant relied on the principle laid down in the case of Ahmed Ali Vs. Haji Abdur Rashid as reported in 1991 BLD 11. In th......2 under section 19(a) and (f) of the Arms Act and the appellant No.3 under paragraph 6 of the Schedule to the Special Powers Act, 1974 and sentencing each of them to suffer Rigorous Imprisonment (RI) for 12 years and also to pay a fine of Taka 5,000.00 in default to suffer Rigorous Imprisonment (RI)......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...Category: Criminal Law | Date: | Hits: 59
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......thorities before acceptance were absolutely within their rights to reject any tender simply because there were no agreement or contract, so long they acted reasonably within the meaning of Wednesbury principle (Associated Provincial Picture Houses Ltd. Vs. Wednesbury Corporation (1948) 1 KB 223) sin......ossain…………………………………..………..Appellant Vs. Government of Bangladesh and others................Respondents Judgment November 12, 2001. Result: The suit for specific performance of contract is dismissed. Case Referred to- Associated Provincial Pic......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ..Category: Civil Law | Date: | Hits: 82
Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)
....ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287.......ed with the question of regulating possession of the land between the same parties the Magistrate acted without jurisdiction in initiating the proceeding under section 145 Cr.P.C. Following the above principle we hold that the criminal court has no jurisdiction to draw up any proceeding under sectio......s stating that they were attempting to cut paddy from the waqf property of which the petitioner is the Mutawalli. It was stated in the General Diaries that a suit being other class suit No.88 of 1992 for permanent injunction was filed in the court of Senior Assistant Judge, Mithapukur Rangpur agains......ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287...Category: Criminal Law | Date: | Hits: 237
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......punishment taking advantage of absolute right of silence mainly due to faulty and inefficient investigation. 21. It appears to us that in the trial of a criminal case much emphasis is given to the principle that ten offenders may be acquitted but a single innocent person should not be punished. W......Amicus Curiae. MA Wahab Miah, Advocate —For the Opposite Party Nos. 2-7. Criminal Revision No. 3109 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant-petitioner Md. Ali Akbar calling upon the accused opposite parties to show cause as to why j......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..Category: Criminal Law | Date: | Hits: 64
....respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261.......he petitioner is revocation of the licence of the petitioner in respect of the curtailed area and no notice having been given to the petitioner before passing the impugned order the same violated the principle of natural justice. Further contention is that petitioner acquired vested right to continu......yed Mohammad Hossain, Advocate—For the Respondent No.6 (In Writ Petition No. 2341 of 1998).
Shahabuddin Ahmad, Deputy Attorney-General—For B (In Writ Petition No. 2341 of 1998).
Md. Hossain for Abdur Razzaque, Advocate— For the Petitioner (In Writ Petition No. 2927 of 1998).
Md. Azizu......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261...
Category: Civil Law | Date: | Hits: 89
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
.... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......n from the place of occurrence by the side of his outer house where he had kept it concealed. As the facts of that case are distinguishable from the facts of the instant case though we agree with the principle enunciated in that decision we find it difficult to apply the same in the instant case. ......d order dated 5-11-96 passed by the Special Tribunal, Shariatpur in Special Tribunal Case No.8/96 convicting appellant under section 19A and 19(f) of the Arms Act 1878 and sentencing him to suffer RI for 10 (ten) years and 7(seven) years respectively and directing both the sentences to run concurren...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252...Category: Criminal Law | Date: | Hits: 73
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