Search Options
Judgment Advanced Search
Displaying 1461-1480 of 7133 results.
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......t out of whom three were tendered and one was declared hostile. The learned Sessions Judge on consideration of the evidence found the charge to have been proved against all the accused appellants and accordingly they were convicted and sentenced. 4. Mr. Abdul Momin Talukder, the learned Advocat......his appeal is directed against, the judgment and order of the Sessions Judge, Pabna convicting the five accused appellants under section 302/34 of the Penal Code and sentencing each of then to transportation for life and to pay a fine of Tk. 1000/00. 2. The prosecution case was that o......accused persons namely Tayeb, Nayeb, Mannaf and Saidur running away. When they tied the abdomen with a gamcha and after that P.W. 2 Yakub Ali Malitha came there. This witness was admittedly nephew-in-law of P.W. 1 Yusuf Ali Malitha. But from the defence side there was no suggestion of his having any..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
.... view of special circumstances in this case, and by virtue of the power conferred upon the Appellate Division of the Supreme Court by the Constitution of Bangladesh, vide Article 104 to do complete justice in a case, it is declared that Gannysons Limited is not an abandoned property. It should, ...... Title Suit No. 249 of 1976 be stayed for six months and the Miscellaneous Case No. 958 of 1981 pending in the 3rd court of Subordinate Judge, Dhaka be struck down." 5. This order, according to them, is not in conformity with the judgment itself. The only ground taken by the appe......trol and Disposal) Order, 1972 (President’s Order No. 16 of 1972). A company which has been incorporated as a limited company under the provisions of the Company Act in the territory now comprising Bangladesh, it can be declared and treated as abandoned property. Moreover, the......which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh; (b) Any property which is in the possession or under the control of the Government under any law for the time being in force. Explanation.— "Person who is not present..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....stions to him as the court thinks fit." This is an enabling power and very wide power had been conferred for adjudication of the dispute and this power is only available for giving justice inasmuch as the enabling power conferred upon the court to put such question "to him as th......a party to examine any particular witness. While, therefore, it is the duty of a court of law not only to do justice but to ensure that justice is done it should bear its mind and it must act only according to law, not otherwise." 6. These are sound judicial principles and they ar...... Result: The appeal is allowed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrarily. Discretionary power...... 17 to recall a witness must be exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Procedure shall have to be exercised subject to law of Evidence for the time being in force. Discretionary power of the Court cannot be exercised f..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ......ation that bainanama dated 15.1.63 and kabala dated 8.3.65 executed by the plaintiffs are forged, illegal and not valid. The plaintiffs alleged that certain officers from the Registration office came to their house for examination on commission about the execution of the kabala. The plaintiffs for t......nder section 39 of the Specific Relief Act, that the Courts below have not considered certain D.Ws. whose evidence is vital in deciding the case; that the Courts below committed an error of law in accepting the report of the handwriting expert when be could not give any definite opinion ab..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
.... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ......-section 1 of Section 526 of the Code of Criminal Procedure. Judgment Md. Abdur Rouf J.- The informant has moved this application under section 526 of the Code of Criminal Procedure praying to transfer the Sessions Case No.262 of 1983, pending before Mr. Z. H. Md. Dawood, Additional Sessio......uently the learned Judge extended the bail of the opposite party No.1 up to 27.6.84 while the opposite party No.1 prayed for extension of his bail on medical ground the petitioner through his engaged lawyer opposed party No.1 had been maintaining sound health. The petitioner also pressed for calling..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......ding he decreed the suit. 4. On appeal the learned Subordinate Judge concurred with all the findings of the learned Munsif on points of fact as well as law after considering all the evidence and accordingly affirmed the judgment and decree passed by the learned Munsif. Mr. B. N. Chowd......egative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in the facts and circumstances narrated the plaint tantamount to a declaration of plaintiff's own legal character as a legal heirs of her father. So......f her title to a legal character as legal heir of her father……............(10) Consequential relief relating to the possession does not arise It is a settled principle of law that if any plaintiff seeks any declaration of any right to property and he has no possessi..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. .......................Appellant Vs. Md. Ibrahim Khalil @ Ibrahim Khalil..................Respondent Judgment July 24, 1984. Result: The Appeal is allowed. Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and ors,. A.I.R 1960 S.C. 115; Sarju Perhad Vs. Jwale......his admitted signatures which he was entitled to do under section 73 of the Evidence Act. Non-consideration of the opinion arrived at by the learned trial Court after comparison is a serious error of law. The learned Subordinate Judge has not also himself compared the disputed signature with the adm..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. .......63 of 1977 reversing the judgment and decree passed by the Munsif, 3rd Court in O.C. Suit No.114 of 1969 and dismissing the suit. The plaintiffs brought the suit for a permanent injunction to restrain the defendants from disturbing the plaintiffs' possession of the suit land. The......etting aside the judgment and decree passed by the learned Munsif. Mr. Azizul Hoq, the learned Advocate for the appellants submitted that the learned Additional District Judge committed error of law in finding the suit to be unmaintainable only because questions of title were involved in the su..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....rain from entering into a discussion of the evidence on record at this stage as the trial of the accused appellant in his absence having been held illegal, we consider it necessary in the interest of justice to send the case back for retrial of the accused appellant after giving him an opportunity t......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ...... Code of Criminal Procedure (V of 1898); Section 339B Trial absentia & Question of its legality Since neither the Upazila Magistrate nor the Ex-officio Sessions Judge asked the accused to appear before the trial court on any particular date nor directed the sureties to produce him he ......ot turned up. It appears that they were bailed out from the Court below. Let them be tried in absentia. To 1-11-83 for O.T. (open trial). Notify P.P. to engage an A.P.P. and also a state defence lawyer. Make over the C.D. to the A.P.P.” 7. Thereafter on 1-11-83 charge was framed unde..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ntification proceeding………(11) Identification parade belongs to investigation stage. Identification of the accused soon after arrest is of vital importance in the interest of justice and fairplay both to the accused and the prosecution……….. (12) Acc......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ............Respondent Judgment July 12, 1984. Result: The appeal is dismissed. The gist of section 157 of the Evidence Act is that former statement of a witness may be proved to corroborate his later testimony as to the same fact. It is based on the principle that if th......ng witnesses to identify the properties which are the subject matter of offence or to identify the persons said to have been involved in the commission of the offence. It is settled principle of law that if a witness deposes in Court regarding the identification of the accused as the doer ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ......has also provided for the protection of a transferee for value without notice of the original contract. The alleged contract is dated 24.4.1975 and the petitioner's kabalas are dated 8.3.1978. So according to this provision of section 2(b) this petitioner can also take protection under.....................Petitioner Vs. Saleh Ahmed & others. ...................Opposite parties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawye......he alleged contract is dated 24.4.1975 and the petitioner's kabalas are dated 8.3.1978. So according to this provision of section 2(b) this petitioner can also take protection under the law. 13. In the cases of Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....ourts below can not be sustained and are liable to be set aside. 15. Since however all the other points of fact and law have been decided in favour of the plaintiff opposite party so for ends of justice the suit should be remanded to the trial Court with a direction that he shall appoint a suit......y found to be entitled to lay her claim under section 4 of the Partition Act. So the points raised by Mr. Anser Ali in this regard does not stand. 11. Mr. Anser Ali next submitted that according to section 4 of the Partition Act Only when the stranger transferee sues for par......efdt-Petitioner Vs. Jugal Kishori Sarkar & others.............Plaintiff-Opposite Party Judgment June 20, 1984. Result: The rule is made absolute. Cases Referred to- Khirode Ch. Goshal Vs. Saroda 21 CLJ 525; Bota Krishna Vs. Akhoy Kumar, 15 CWN 450; Md. Mag......im under section 4of partition Act could not be legally maintained. The third point of objection was that the learned Munsif did not himself assessed the value of the property as was required by law. 7. The learned Subordinate Judge upon a consideration of all the evidence and the judgment..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......apan Trading Company (1924) Vol. 79 Indian Cases 242; Civil Appeals No.28 and 29 of 1983 of the Appellate Division of the Supreme Court of Bangladesh; Thai Seree Fishery Co. Ltd & Thai Seri Cold Storage Co. Ltd. Vs. Amin Fish Farm & Industries Ltd. Lawyers Involved: M. HafizuUah wi......security upon the claimed amount of the suit. The impugned order dated 29- 1-84 is therefore, clearly a conditional order within the meaning of Order 38 Rule 5(3) C.P.C. It is true that the law does not contemplate a second order of conditional attachment after hearing the objection of the..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......Act that the rule against perpetuity is not attracted in the case of a contract for sale of immovable property and for the matter of that a contract for re-conveyance of immovable property and I hold accordingly. The next question that I proceed to examine is whether the contract was bad for uncerta...... (Civil Appellate Jurisdiction) Present: Md. Altaf Hossain J Abdul Quddus……………………….Appellant Vs. Anjuman Khatoon & others……………….Respondents Judgment Jun......ding of act of the Courts below. The learned Advocate however submits that in the alleged contract of reconveyance no period was fixed for repayment of the amount and as such it is not enforceable in law inasmuch as it offends against the rule of perpetuity. The learned Advocate also submits that th..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ......nancy Act. Such a failure can not obviously lead to any legal consequence and can, by no means, constitute mala fide either in law or in fact. There is no substance in this Appeal. The appeal is accordingly dismissed without order as to cost. Mr. Azizur Rahman Chowdhury, learned advoc......Kabir—For the respondent. Civil Revision No. 280 of 1983 Judgment Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration. 10.80 acres of land appertaining to R.S. Khatian No.1058 of Mouza Gomai P.S. Rangunia belonged to the Government in khas. In Settleme...... required by Rule 54 of the Government Estate Manual read with section 77 of the State Acquisition and Tenancy Act. The learned Advocate submits that the failure to make such enquiry was mala fide in law and vitiated the settlement. Rule 54 of the Government Estate Manual reads as follows:..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......sion with the Accountant of the Company managed to obtain share certificate No.010 with different distinctive Nos.158-177 instead of 81-100 with ulterior motive. Subsequently it was detected and accordingly the share certificate bearing No.010 with distinctive Nos.158-177 were declared inv................Petitioner Vs. May Industries Ltd.................................Respondent Judgment April 26, 1984. Result: The application is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Yenidje Tobacco Co. Ltd., (1916) 2 Ch. 42......elatives of the Managing Director. The Managing Director is depriving the petitioner as also other 25% share-holders the benefits of their shareholding in the company. The petitioner through his lawyer sent a notice to the Managing Director to return the share script No.005 and to move the High..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....he school alleging that the plaintiff have been removed from his service. All these meetings were illegal, ultra vires of the committee and it had militated against the principle of natural justice. It was also alleged that the meeting was neither legally convened, not properly notified no......t these were not found satisfactory. A chargesheet was issued against him. Thereafter, the plaintiff submitted his written statement and his statement was considered but found unsatisfactory and accordingly, he was served notice on 11.7.76 as to his termination and since then the plaintiff is r.....................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941......ut that of a master and servant for which a suit for damage only, if any, would lie for breach of a contract. 4. The learned Munsif after hearing the parties and on consideration of the relevant laws, decreed the suit on contest. The removal was declared to be illegal and ultra vire and it was ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ......site Parties. No.1 M. A. Wahab—For the State. Criminal Revision No. 7 of 1948. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite parties to show cause as to why the order dated 27.12.83 and 25.1.83 passed in G.R. Case No.1046 of 1983 by ......le is discharged. The order of stay of further proceeding of G.R. Case No.1046 of 1933 pending before the Upazilla Magistrate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (198..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......this nature dated 28.2.45 existed and there is also no dispute that plaintiff 1 and 2 did ask the defendant No. 1 to lease out to them certain property on an agreed salami. What was disputed was that according to the plaintiff the said plot, agreed to be leased out by the defendant No.1, was plot No......ion in the plot No.1292 of khatian No.66 and prayed for injunction restraining the defendant from interfering with plaintiffs possession in the suit land on the allegation that the suit jote belonged to the father of plaintiff No 1 and plaintiff No.2 in equal 8 annas share by inheritance which was s......nsel appearing in support of the appeal having taken me through the judgments of both the Courts below and the evidence on record has contended that the learned Additional District Judge has erred in law in reversing the judgment and decree of the learned Munsif and had failed to apply his judicial ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ......t summons were not served but were fraudulently suppressed. The defendants asserted due service of summons on the plaintiffs. 3. The learned Munsif after considering the evidence found that according to the peon's returns Ext. A(1) and A(2) the summons were shown to have been served un......llip;Respondent Judgment March 21, 1984. Result: The appeal is allowed. Non-compliance of the positive requirements of law in the matter of service of summons legally amounts to non-service of summons. Where a summons is returned under rule 17, the Court shall, if the r......llip;…………………Respondent Judgment March 21, 1984. Result: The appeal is allowed. Non-compliance of the positive requirements of law in the matter of service of summons legally amounts to non-service of summons. Where a summ..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
93813081185592949071906890789075929390749295929892929296941390669062906792979289