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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. ......estimony delivered..............(20) Scrutiny of evidence with utmost caution Enmity is a double-edged weapon providing motive for offence as well as for false implication. Evidence in such case needs to be scrutinised with care so that guilty person is not wrongly acquitted on the plea of..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....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. ...... deeds from appellant Nos. 8-11 in respect of some lands out of the aforesaid 1.07 acres of land on the basis of two false agreements to sale, ante-dated as on 04-1-1981. 3. The appellants' case is that before filing of the aforesaid FIR appellant Nos. 1 and 2 instituted Title Suit No. 159..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. ......such petitioner. 7. Undisputed position comes to that the petitioner took loan from the specified Bank, namely Sonali Bank. The Bank had to file a suit for realisation of the loan. It is not the case of the petitioner that before making the default the suit was filed by the Bank against him. Th..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......6 the learned Sessions Judge in modification of his earlier order dated 1.10.85 directed the appellant to be in custody of the said Mr. Mujibur Rahman Chowdhury along with her newly-born child and in case the learned Advocate declines to be the custodian, the appellant shall be taken into judicial c..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....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. ......74 to suffer RI for 3 months and to pay a fine of Tk. 500/‑, in default, to suffer RI for 1month by the Special Tribunal, Jarna1pur in Special Powers Act Case No.12 of 1982. 2. The prosecution case in short is, that the informant Abdur Rahman lodged an FIR on April 30, 1981 with the Jamalpur ..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......Then a suit for specific performance of contract being filed by the plaintiff against the judgement debtor defendants, in view of such facts the trial courts order staying proceeding of the execution case is perfectly justified and the High Court Division committed error in not confirming the trial ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ......e 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 co‑sharers including th..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
..... Mr. Halder has forgotten that he has been supporting the prosecution case and as soon as he submits that the proceeding of non-schedule and schedule offences together does not lie, it cuts the very root of the prosecution case. Such a suicidal and reckless citation is not of any assistance to Mr. ......he charge under section 366A of the Penal Code read with section 4 (b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance No. LX of 1983). 2. By an order dated 2.4.89 this case was directed to be heard along with Criminal Miscellaneous Case No.57 of 1987. So, both the c..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. ......ner Vs. Secretary, Ministry of Home Affairs & others ................Opposite Parties Judgment August 14, 1989. Result: This Rule is discharged. In the present case it has been categorically found by the Special Tribunal that at the time of occurrence that is ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
.... 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. ......er section 5 of the Limitation Act the fact remains that a private individual has to make up his own mind, has to arrange his fund and is normally presumed to be aware on the facts and aspects of his case while in the case of the Government, public interest has to be duly considered and comparativel..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. ......lowed by the Trial Court inasmuch as amendment is necessary for determining the real issue under controversy between the parties and that the amendment sought for does not involve setting up of a new case and in view of this matter the learned Munsif committed an error of law in not exercising his d..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. ......tioner. AKM Mozammel Hoque Bhuiyan with Rabia Bhuiyan and AMMM Rahim, Advocates ‑ For the Respondent No.5. Civil Petition No.897 of 1990. Judgment Kazi Ebadul Hoque J. - In this case Rule was issued on 15.5.90 at the instance of petitioner Ziaul Huq (a contesting candidate who ..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. ...... by the Courts of law or the authority concerned. They have no personal interest in keeping a person in detention any more than is necessary. The advance order of release dated 5.4.89 in both the two cases was received by the Deputy Jailor (Detention Branch) on 6.4.89 during lock-up hours. ..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. ......out of Title Suit No.56/84 of the Court of Subordinate Judge, Narayanganj should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the plaintiff-petitioner Meher Ali is that he instituted Title Suit No.56/84 in the Court of..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.......ntu he had abducted her for some illegal purpose. He with the help of neighbours made rigorous search but getting no trace he lodged the ejahar. On the basis of the said ejahar the police started a case and took up investigation, visited the place of occurrence, examined witnesses but during the..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......ith giving facts. It is not necessary that each and every circumstance mentioned in the confession regarding the complicity of the accused must independently be corroborated as it is necessary in the case of using the confession of an accused against his co-accused. It is enough if the general trend..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
......l 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 a case or any part thereof may be disposed of on the issues of law only, it shall try those issues fir..
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.......fendant No.1 put him into possession and this assertion of his ownership by purchase openly, continuously and peacefully leads to the presumption of adverse possession in the facts of the present case. 7. At the outset it is to be stated that the question of adverse possession is a mixed qu..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....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. ...... to show cause why the girl Miss Ranjana Rani Das, daughter of the petitioner should not be released to the custody of her petitioner father Sukhendra Das from the Narayanganj Jail.
2. In this case on behalf of accused Md. Shahidul Islam, Abul Kashem and Samaruddin the learned Advocate Mr. ..
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. ...... appeal is dismissed. 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..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
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