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Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....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: ...... Bird Vs. Jones, (1845) 7 Q.C. 742; P. Narasayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 M.H.C.R. 396; Muthu Nadar, 1945 (Mad.) 313; Kunhi Bava vs. Emperor, 1929 (Mad.) 226; 1942 (Mad.) 723; Mallukhand Sheikh and another Vs. The King, AIR 1949 (Cal.) 104. Lawyers Involved: M. Fazlul Ka......ditional Division Special Judge who framed charges against the appellant under the aforesaid sections to which he pleaded not guilty. His defence was that he had deposited the amount duly under the order of the Chairman and that he did not misappropriate any amount. 4. Prosecution examined 5 ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....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...... Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mrs. Sajeda Parvin Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. Result: The detention i......s were available to the detaining authority since March 1986, the detenu was a member of the Parliament and attending Sessions and thereafter he left for U.K. He came back on 22.6.87and when the bail order was passed on 27.6.87 the order of detention was passed, that was no nexus between the mind of..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....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......nal No. III, Tangail discharging accused Md. Hormuz Ali in Special Powers Act case No. 31 of 1986. The impugned order dated 27.4.87 is as follows- "Accused Hormuz Ali who is on bail files hazira and is present in the court. The record is taken up for framing of charge. Perused the F.I.R., C/S a......Represented - the State. Criminal Appeal No. 412 of 1978 Judgment Fazle Hussain Mohammad Habibur Rahman J. - This appeal at the instance of informant Firoza Begum is directed against the order dated 27.4.87 passed by Mr. A.J. Mustafa, Special Tribunal No. III, Tangail discharging accu..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....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......R (AD) (1988) 56. ......Hriday Ranjan 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 fin..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....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...... namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila, Revenue Officer, Anowara and approving grant of lease thereof in favour of the stranger respondent Nos.6-9. 2. 8.23 acre......ey General -For the Respondents 1-5. Baset Majumder, Advocate -For the Respondents 6-9. Writ Petition No.73 of 1986. Judgment Amin-ur-Rahman Khan J. - This Rule is directed against the order of the respondent No.3, namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring t..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
.... 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......ents 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 Cal 756, Sardar Vs. Jahar, 59 Cal 906, Baijnath Vs. Kedar, A.I.R 1938 Cal 74, G......ated 14.9.86 passed ,by Mr. Soumendera Sarker, Subordinate Judge, Rajbari in Misc. Case No.13 of 1986 arising out of Money Suit No. 1 of 1985 allowing the said Misc. Case and vacating the earlier order dated 10.2.86 dismissing the suit for default and restoring the Money Suit No. 1 of 1981 to it..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....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......ip;………Opposite-parties
Judgment
September 16, 1986.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the ......ules and which were not connected with enemy firm as defined in sub-rule (2) of that Rule were vested in the Deputy Custodian of Enemy Property (Lands and Buildings) with effect from the date of that order.
9. The Proclamation of Emergency was, however, revoked on the 16th February, 1969 result..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....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. — ......ppellant. Kaiserddin Ahmed, Deputy Attorney General—For the Respondent (State). Criminal Appeal No.119 of 1981. Judgment Daliluddin Ahmed J.- This appeal arises out of a judgment and order, dated 3-4-81, passed by Mr. Md. Emdadul Haque, Additional Special Judge Rajshahi Divisi......lant. Kaiserddin Ahmed, Deputy Attorney General—For the Respondent (State). Criminal Appeal No.119 of 1981. Judgment Daliluddin Ahmed J.- This appeal arises out of a judgment and order, dated 3-4-81, passed by Mr. Md. Emdadul Haque, Additional Special Judge Rajshahi Division, ..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....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......n Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others………………&hell......ry situated in Baralekha Upazilla of Moulvi Bazar District when the same was eligible for fresh settlement from 01.04.1982 and the Minister of State of the Ministry of Fishery and Livestock passed an order on 15.08.1985 for settlement of the said fishery with the petitioner at 51% enhanced rate over..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....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. ......lso Reported in: 39 DLR (HCD)(1987) 228. ......laintiff instituted this suit for establishment of title and confirmation of possession or in the alternative for recovery of khas possession in the suit land and for a declaration that the order made in vested Property case in respect of the suit land was illegal. His case was that the su..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....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......ch 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 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdu...... Fazle Hussain Mohammed Habibur Rahman J.—This Rule was issued on 24.11.85 at the instance of the accused petitioner calling upon the Deputy Commissioner. Chittagong to show cause why the order dated 10.11.85 passed by the Sessions Judge, Chittagong in Sessions Trial Case No.103 of 1981 ..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....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......i—For the Appellant. Syiedur Rahman Mean—For the State. Criminal Appeal No. 314 of 1983. Judgment Amia-ur-Rahman Khan J.- This appeal is directed against the Judgment and order dated 19.9.83 passed by Mr. Md. Abdul Kadir Khan, Additional Sessions Judge, 3rd Court, Dh......ash;For the Appellant. Syiedur Rahman Mean—For the State. Criminal Appeal No. 314 of 1983. Judgment Amia-ur-Rahman Khan J.- This appeal is directed against the Judgment and order dated 19.9.83 passed by Mr. Md. Abdul Kadir Khan, Additional Sessions Judge, 3rd Court, Dhaka ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ......section 190 (1)(b) Cognizance is found to have been taken by the Magistrate himself on the basis of the police report by order dated 22-12-82; but this order was erroneously interfered with, and complications were created unnecessarily, which may be ignored altogether. Inclusion of the pe....... The Code of Code Criminal Procedure 1898, (V of 1898), section 190 (1)(b) Cognizance is found to have been taken by the Magistrate himself on the basis of the police report by order dated 22-12-82; but this order was erroneously interfered with, and complications were created..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....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...... 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; Saeeduddin Qureshi Vs. The S......on 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the order of the Additional Sessions Judge, 2nd Court, Dhaka in Criminal Revision No.316 of 1983 under s..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)
.... 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......Banoo Ziwar Sultan Beyed made a complaint to Kotwali Police Station on 5.2.79 stating that the Opposite party was her monthly tenant in the house No.252, Road No.22, Dhanmondi Residential Area, Dhaka and while the petitioner was absent at Iran for about 7 (seven) years the opposite party taking adva....... Judgment Amin-Ur-Rahman Khan J.- By an application under section 435 read with section 561A of the Code of Criminal Procedure, the Petitioner obtained this Rule to challenge the order dated 11.6.80 passed by the Sub-Divisional Magistrate (S) Dhaka staying the proceeding of Kotw..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....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...... Rule is discharged. Cases Referred to- Imam Hossain Bepari Vs. Election Tribunal, 31 DLR 381; Mohammad Hashem Vs. Safdar, ILR 14 (Lahore) 473; Bij Mohan Singh Vs. Priya Brata Narayan Singh and others, AIR 1965 (SC) 282. Lawyers Involved: M.A. Karim—For the Petitioner. ...... T.H. Khan with Md. Ruhul Amin—For the Opposite Party No.1. Civil Revisional No. 133 of 1985. Judgment Mustafa Kamal J.- This Rule is directed against an appellate Judgment and order of reversal arising out of an election petition. The Election Tribunal set aside the election ..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
.... 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...... Vs. The Crown, AIR 1950 (East Punjab) (FB) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; James Gardner Vs. Edward A. Lucas, (1878) 3 AC 582; Delhi Cloth and General Mills Co. Ltd. Vs. Income Tax Commissioner, Delhi, AIR 1927 PC, 242; Colonial Sugar Refi...... 1984 arising out of Banshkhali P.S. Case No.4 (4)/84, under section 407 of the Penal Code pending before the Upazila Magistrate, Banshkhali, Chittagong should not be quashed or such other or farther order or orders passed as to this Court may seem fit and proper. 2. The facts of the case are a..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)
....া 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. ......D) (1987) 242. ......100,000.00 (one lac) to the plaintiff respondents in addition to the amount of Tk, 8,500.00 paid 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. ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....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......onal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others.........................Petitioner Vs. The State and others .................................Opposite Party Judgment January 12, 1986. ...... was issued on 9-1-83 at the instance of the four accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin calling upon the Deputy Commissioner, Chittagong to show cause why the order of conviction and sentence passed by Mr. S. M. Serajul Moula, Member, Appellate Tribunal,..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....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.................Opposite-Parties Judgment January 7, 1986. Result: The Rule is discharged. Cases Referred to- Khulna Tobacco Industries Ltd Vs. Chairman, Labour Court, Khulna and another, 30 DLR 331; Mohammad Sharifullah Vs. Election Tribunal, 31 DLR 119; Amir Sultan Ali Hai......f 1984 before the Upazila Munsif, Chouddagram and Election Tribunal for a declaration that the election of the election of Chairman of No. 5 Suvapur Union Parishad held on 27.12.83 is void and for an order that fresh polls be held with regard to Kadghar Primary School Centre. The Election Tribunal a..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
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