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Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646........ Defendant Nos. 1, 2 and 3 contested the suit by filing a written statement, inter alia, on the grounds that the suit is not maintainable in its present form, that it is barred by limitation and the principles of estoppel, waiver and acquiescence and bad for defect of parties, etc. The defendants d......ditional Court, Jessore, in Title Appeal No. 6 of 1963 affirming those passed by Mr. Q Sharafat Ali, Munsif 2nd Court, Jessore, in Title Suit No. 23 of 1961. 2. The appellants filed the above suit for declaration of their title and recovery of khas possession in 6.21 acres of land as detailed in ...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......f on consideration of the evidence and other materials on record and facts and circumstances of the case rejected the Miscellaneous Case by order dated 31.5.83 on the ground that section was hit by principle of res judicata. 4. Being aggrieved by the said judgment and order of learned Munsif, p......lenging the order dated 16.7.76 passed by the Subordinate Judge, Pabna. On 18.9.77 petitioner opposite party filed another Miscellaneous Case under section 96 of the State Acquisition and Tenancy Act for the self‑same land in the Court of Munsif, Serajganj. The learned Munsif on consideration of......or opposite party filed the present proceeding (Misc. Case No. 110 of 1977) under section 96 of the State Acquisition and Tenancy Act to pre‑empt self‑same land. Now, only question that calls for determination is if the principle of res judicata will have application in the present case. It is a..Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......work of criminal Courts would no doubt be greatly simplified. The judicial duty is, however, to act in accordance with law, that is to say on evidence duty admitted and tested according to recognised principle." 39. In the case of Enayetullah and another vs The State reported in PLD, 1966, Lahore...... Kasem, Keyamuddin, Kalagazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malek, and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj, in Sessions Case No. 21 of 1987 and have been found...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......this licence the respondent constructed the building thereon with his own money he has acquired tide in the suit plot. Mr. Ahmed also referred to section 60 of the Easements Act which is based on the principle that one cannot derogate from his own grant and on the principle of estoppel and acquiesce......udgment and decree dated 31.7.83 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Tide Suit No. 226 of 1980 decreeing the suit. 2. The respondent instituted the suit on 29.8.80 praying for two declarations simpliciter as follows: "That a decree be passed declaring that the plaintif......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..Category: Property Law | Date: | Hits: 110
....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......r stay of ensuing Election of the President scheduled to be held on 8th October, 1991 at the Chamber of Jatiya Sangsad submits that the open ballot as provided in the Election Act does not negate the principle of Parliamentary Democracy, neither it infringes the fundamental right of the members of t......d Azad MP and 6 others have challenged the legislation, namely Act 27 of 1991 (President Election Act of 1991) and the amendment thereof by Ordinance No. XXXIII of 1991 passed on 28.9.1991 and prayed for a Rule Nisi calling upon the Respondents to show cause as to why the impugned legislations as of......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
..
Category: Constitutional Law | Date: | Hits: 229
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......for the self‑same relief. Of course under section 10 of the Code the subsequent suit can be stated and under section 11 of the code the decision in one case will be binding in the other case on the principle of res judicata. Under the provision of section 20 of the Ordinance sections 10 and 11 of ...... 1986 by the 2nd Court of Munsif, Chittagong. 2. It appears that the plaintiff‑opposite party filed Miscellaneous Case No. 9 of 1985 in the 2nd Court of Subordinate Judge, Chittagong on 2.2.1995 for permission to sue as pauper for recovery of the sum of Tk. 3,09,667.00 on account of prompt valu......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599...Category: Civil Law | Date: | Hits: 106
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ...... Appeal No. 83 of 1977 given by their Lordships of the Appellate Division of the Supreme Court Digest page at 75 of The Bangladesh Supreme Court Digest (1972‑77) to show that "it is well recognised principle that once an amendment of the plaint is allowed, the amendment will relate back to the dat......lslam, Subordinate Judge, Maulvibazar disallowing Miscellaneous Case No. 89 of 1985 under Order XLVII of the Code of Civil Procedure and vacating the order of stay dated 12.5.78. 2. Facts relevant for the disposal of the above rule may briefly be stated as follows: The petitioner as plaintiff ......cial mind to the facts and circumstances of the case and the relevant provisions of law namely Order XLVII rule 1 of the Civil Procedure Code and in deciding the case without fixing proper points for determination, and as a result there has been an error in his decision occasioning failure of Justic..Category: Trust/Waqf Law | Date: | Hits: 181
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ...... without examining the Commissioner. He cited the decision in the case of Sundar Vs. Hiru and others, 1936 Lah 138 in support of his contention. In the facts and circumstances of the present case the principle laid down in Sundar's case has little application in as much as objection as to admissibil......989. Judgment AM Mahmudur Rahman J. - This Rule arises out of the judgment and decree of reversal passed by the learned District Judge, Noakhali. 2. The opposite parties Nos. 1 to 11 hereinbefore me instituted Title Suit No. 564 of 1985 for declaration that order passed by the defendant No.......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......another Vs. The State, 40 DLR 477 and referred me to paragraph No. 14 of the report. In that decision I was a party. That decision is not wholly on the points which fall for decision in the case. The principle of law as to onus of proof in that case as enunciated was with regard to an offence under ......ahman J. - Appellant Md. Amir Ali and Md. Ismail have been convicted under section 156(8)(89) of the Customs Act, 1969 read with section 25B of the Special Powers Act, 1974 and sentenced to suffer RI for 4 years each and to pay a fine of Tk. 10,000.00 in default, to suffer RI for a further period of......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ...... Appeal No. 260 of 1967 reversing those dated 28.8.67 passed by the learned Munsif, Sunamgonj, Sylhet in Title Suit No. 43 of 1966. 2. The present respondent as plaintiff instituted the above suit for declaration of his title in the disputed land described in the second schedule of the plaint. Pl...... SC page 1291 in the case of Gappulal Vs, Thakurji Shriji Dawarkadheeshji and another relevant paragraphs 6 & 7. In the decision reported in 27 DLR at page 413 it has been observed as follows: "In determination of questions of facts the parties should not be allowed to lead evidence without prope..Category: Property Law | Date: | Hits: 101
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ......is provided in Order 47 C.P.C. by way of review and also in Order 43 rule 1 (r) by way of appeal from the order of dismissal of the injunction petition. He further submits that it is a well‑settled principle of law that where a legal remedy is provided for in the Code to an aggrieved party the inh......arties. Civil Revision No. 104 of 1987 Judgment AM Mahmudur Rahman J. - By this Rule the petitioners impugned the order of the Munsif, 2nd Court, Dhaka vacating an order rejecting a petition for injunction and restoring the same for hearing. 2. The plaintiffs filed Title Suit No. 33/1978......t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ..Category: Civil Law | Date: | Hits: 93
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529.......o secure the ends of justice. This view finds support from the case reported in 30 DLR (SC) 58, 31 DLR (SC) 69 and 15 DLR (SC) 150 and also in the case of 28 DLR (SC) 38. So in the light of the above principles regarding exercise of jurisdiction under section 561A of the Code of Criminal Procedure, ...... GR case 149 of 1988 should not be quashed. 2. Facts giving rise to this Rule may briefly be stated as follows: One Naik Subedar Md. Majibar Rahman, BDR 23 Rifle Battalion, Dinajpur lodged First Information Report with the Kotwali PS Dinajpur on 15.8.88 alleging, inter alia, that on receipt of a ......rned Magistrate as the said order of the learned Magistrate is not under challenge in the application before us and we therefore restrain ourselves from deciding the point here and leave the same for determination in an appropriate case in future." 4. Then after about 7 months of the passing of t..Category: Criminal Law | Date: | Hits: 72
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......5, when the petitioner defendant filed a petition before the learned Judge under Order 7 rule 11 (d) of the Code of Civil Procedure for rejection of the plaint on the ground that it was barred by the principle of res judicata. The prayer was opposed by the plaintiff. The learned Judge after hearing ......1975 in the 1st Court of Subordinate Judge, Dhaka against petitioner Md. Nannu Meah in respect of some landed properties claiming 8 annas share therein. The suit was decreed on contest in preliminary form on 24.3.78 and final decree was passed on 30.11.78 on receipt of the Advocate Commissioner’s ......pute whatever that law favours finality of litigation and that is what is actually reiterated in the decision reported in AIR 1936 (Sind). In the instant case where the plaintiff does not dispute the determination of her share as in the preliminary decree but disputes on the ground of fraud the actu..Category: Procedural Law | Date: | Hits: 86
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......he application would show that it was in conformity with the requirement of Order 38, rule 5 of the Code of Civil Procedure and further submission of the learned Deputy Advocate General, was that the principles in the decision reported in 28 DLR 231 were wrongly applied to the present case by the le......d order dated 16.5.77 passed by the learned Subordinate Judge of the 3rd Court, Chittagong, in Money Suit No. 42 of 1977. 2. The Government, a plaintiff, filed a money suit against the defendants, for recovery of Tk. 1,01,47,500.00 for damage caused to 5109 metric tons of wheat, carried by defend......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512....... it does not disclose that Magistrate made a sincere endeavour to ascertain if confession was made freely and voluntarily. Thus having viewed the confessional statement Ext. 13 from the standpoint of principle referred above, we are inclined to hold that the confession is neither voluntary nor true ...... of 1987. Jail Appeal No. 526 of 1986. Judgment Syed Fazle Ahmed J. - Condemned Prisoner Mohammad Ali Kibria alias Shahjahan along with Meherunnessa and Md. Yusuf Ali wore placed on trial before the Additional Sessions Judge, 3rd Court, Dhaka in Session case No. 9 of 1986 to answer a charg......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ...... arose." The fact of the case is distinguishable from the facts of the present case. There the lease of the shop was taken for the purpose of business. In view of the facts of that case, I think, the principle laid down therein has little application to the facts of the present case. Moreover, the d......oner against the judgment and order of reversal passed by the learned Subordinate Judge on appeal dismissing the pre‑emption case which was allowed by the learned Munsif. 2. The point that falls for determination by this Court in this case is whether the lower appellate Court committed an error...... against the judgment and order of reversal passed by the learned Subordinate Judge on appeal dismissing the pre‑emption case which was allowed by the learned Munsif. 2. The point that falls for determination by this Court in this case is whether the lower appellate Court committed an error of ..Category: Property Law | Date: | Hits: 95
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......how that there was any likelihood of the same being repeated in future and the detaining authority does not also claim to have any such material in his possession. In the circumstances, acting on the principle pointed out above, we find that the detaining authority had no material basis ‑to form a...... of 1990. Judgment Bimalendu Bikash Roy Chowdhury J. - In this Rule under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh, the petitioner, Farzana Huq has sought for an order for release of her husband, Sanaul Haq Niru, son of Shamsuddin Ahmed of village Kirtibu......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......w of the facts and circumstances, the Court is under legal obligation to make any enquiry under section 8(c) of the Court Fees Act to ascertain ad determine the valuation of the suit. It is a settled principle of law that the Court is to hold an enquiry and determine the valuation where there is obj......n against an order of the trial Court refusing to modify valuation of a suit as contemplated under section 8(c) of Court Fees Act upon an application filed by the defendant. 2. The facts necessary for disposal of this Rule are that the plaintiff instituted Title Suit No. 498 of 1981 in the Court ......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......ed Judge has committed an error of law in his decision occasioning failure of justice in allowing the application for amendment of the plaint without any notice to the petitioner which is against the principle of natural justice and normal practice of the Court. The learned Advocate has farther subm....... 18 and 20 dated 28.8.84 and 2.9.84 respectively passed by the Commercial Court No. 1 in Title Suit No. 29 of 1984 should not be set aside. 2. The plaintiff‑opposite party filed a mortgage suit for recovery of Tk. 668118/‑ from the defendant‑petitioner on the allegations, inter aila, that ......t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ..Category: Property Law | Date: | Hits: 90
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ...... the section. Consequently the impugned letter which was issued in pursuance of the said direction must be held to be illegal. 13. Mr. Huq next submits that the impugned action is violative of the principle of natural justice. There cannot be any doubt that the impugned action sought to debar the......fter referred to as the IDBP) established a jute mill at Chowmohani in the district of Noakhali under Promoters Agreements dated 25.6.63 as amended on 12.8.65. Subsequently the petitioner company was formed on 27.7.65 and it took over the said jute mill. After the liberation of the country the petit......hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ..Category: Company Law | Date: | Hits: 213
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