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Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....of an registered document falls within the scope of Order 7 rule 18 of the Code of Civil Procedure The policy underlying this legal provision is to exclude evidence the existence of which at the date of the suit is doubtful and as to the genuineness of which suspicion may arise because it was p......ay, facts and circumstances shall be explained For admission in evidence any document, delay and facts and circumstances of the case shall be explained. Kanda and ors. Vs. Waghu 3DLR 311- a decision of the Privy Council which was relied on………….. (6) Admissi..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
....r 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 got third highest votes) on the five respondents (including respondent No. 5 who was d......he acted illegally in accepting the nomination paper of the respondent No. 5 who was disqualified to contest the election and in deciding the question of age of the respondent No. 5. He relied on the decision in the case of Munshi Abdul Hoque Vs. Additional Deputy Commissioner reported in ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....ion. 2. In Contempt Petition No.9 of 1989 the petitioner, filed Writ Petition No.220 of 1989 in the High Court Division challenging the order of detention of his father Anukul Chandra Banik dated 31.1.89 issued by the District Magistrate, Jessore under section 3(2) of the Special Powers Ac......rought it to the notice of the Joint Secretary, Political Section, Ministry of Home Affairs, Government of Bangladesh the said difficulties and requested the Ministry to resolve the same. But no decision has yet been given on that letter of the Inspector General of Prisons. 7. It is stated..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)
.... Revision No.452 of 1986. Judgment Fazle Hossain Mohammad Habibur Rahman J. - This Rule was issued calling upon the opposite party No.1 AKM Murshed lo show cause why the judgment and order dated 18.1.86 passed by Mr. Md. Ibrahim Ali, District Judge, Narayanganj in Title Appeal No.184/84 a...... is also not protected, but then malafide act is to be pleaded with particulars constituting such malafide and established by cogent materials before the Court." 14. In this connection, the decision in the case of Khondker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others reported in 1..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....ase of the prosecution was that in course of investigation the police arrested accused Hazrat Ali, who was in the thana custody since 20.10.82 in connection with the motor accident case No.17 of 1982 dated 17.10.82. The accused made certain statements to the Investigating officer on the basis of whi...... was not voluntary one but for the belated retraction of a confession as in the present case without any material to support it, no such inference can be drawn. Rather, the consensus of judicial decisions are that an accused may be convicted even on a retracted confession, if it is inculpa..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....lan Advocate ‑For the Petitioners.
MA Mannan Advocate ‑ For the Opposite.
Civil Revision No. 275 of 1986
Judgment
Muhammad Ansar Ali J. - This Rule calls in question an order dated 28.12.85 passed by the learned Munsif (Assistant Judge), Upazila Court Iswardi, District‑Pab...... been framed both of law and facts and the Court is satisfied that no further argument or evidence that the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit and no injustice will result from the such proceeding with the suit forthwith, ..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....that there is a contract for sale on 15.1.63 and by virtue of the agreement for sale he got peaceful possession in the suit land as inducted by defendant No.1. The plaintiff asserted that since the date of agreement he is in peaceful possession of the suit land. The contesting defendant on the oth......d adverse possession against the owner and, on the other hand, we only find that the plaintiff lawfully entered into possession and continued to remain so. Herein we will refer some of the reported decisions to appreciate the present case as to whether a decree for title could be given on the ba..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....rayed for anticipatory bail. It further appears that the alleged victim girl Ranjana Rani Das assuming the name of Mosammat Shahida Begum appeared before the Sessions Judge, Narayanganj on the same date i.e. 19.7.88 and prayed through her Advocate that she should be released in the custody of her ......ken in the case of Bhola Nath Goshami Vs. The Commissioner of Police, Calcutta and others, 41 C.W.N. 333 by a Division Bench of the Calcutta High Court and therein it was observed "The question for decision is whether section 100 Cr.P.C. empowers a Magistrate to order the detention of a person w..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... B is entitled to retain the stone till he is paid for the services he has rendered.' 12. The learned Counsel appearing for the Bank has frankly stated that the cash credit account has been liquidated considerably and only 16 Lakh is owed to the Bank. Mr. Rafiqul-Huq submitted that remuneration......16 Lakh is owed to the Bank. Mr. Rafiqul-Huq submitted that remuneration of the ship breaker Mohammad Meah is still due and the claim is 24 lakhs for which the decree has been passed. In the majority decision of this Court, this decree remains intact. The crux of the problem as to how he could execu..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......ithin the walls of any common prison." and in the same book the learned author also quoted the following observation made in P. Nara-sayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 M.H.C.R. 396 which decision was also considered and followed in 1945 Mad. 313:- "Therefore, a direction by the C..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....al, Hassan Arif Deputy Attorney-General with him Instructed by B. Hossain, Advocate-on-Record. — For the Respondents. Criminal Appeal No. 21 of 1987. (From the judgment and order dated 27.8.1987 Passed by the High Court Division, Dhaka in Writ Petition No. 294 of 1987). Jud......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 the detaining authority which based this decision on the materials and of passing the order of detention after long eight months. It is the d..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....rected against the order dated 27.4.87 passed by Mr. A.J. Mustafa, Special Tribunal 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 ......appeal is, therefore, not maintainable on this ground also. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161...Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
.... instructed by Shamsul Huq Siddique, Advocate on Record- For Respondents Nos. 1(a) to 1(c). Ex parte- Respondent Nos. 3 to 5. Civil Appeal No. 77 of 1985. (From the judgment and order dated 7-6-84 passed by the High court Division, Chittagong, in Second Appeal No.456 of 1968.) J......e, 1908 (V of 1908) Section 11 An adverse finding against a defendant when the suit is dismissed is not res judicata in a subsequent suit interparties. But if the adverse finding is actually the decision of the suit and it forms a fundamental part of the decree, then it will operate as res judi..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....e 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 the disputed properties as vested property on the recommendation of the res...... property. So the lease granted by the respondent No.4 in favour of respondents 6 to 9 was legal and proper. 7. In support of his contention the learned Deputy Attorney General referred to a decision reported in A.I.R. 1947 (Lahore) 117 in which it has been held that a compromise decree can..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....n Mohammad Habibur Rahman J.- This application under section 115(1) of the Code of Civil Procedure at the instance of the defendant No. 1 petitioner Md. Nurul Hoque is directed against Order No. 23 dated 14.9.86 passed ,by Mr. Soumendera Sarker, Subordinate Judge, Rajbari in Misc. Case No.13 of ......aikunthes AIR 1951 P 291 that when an advocate stating grounds prays for an adjournment which is refused but has no further instructions to represent his client, there is no "appearance'' and these decisions are in conformity with the decision in the case of Robinson Vs. Chad. rick (1878) 7 Ch D..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....der authority delegated to him by the Central Government issued in exercise of the powers conferred by clause (b) of sub-rule (1) of Rule 182 of the said Rules a notification being No.1199-Genl. dated 3rd December, 1965 which was published in the Dhaka Gazette Extraordinary on the 4th Dece......here was an appeal being Title Appeal No.34 of 1982, to the learned District Judge, Patuakhaii. The appeal was heard by the learned Additional District-Judge, First Court, Patuakhaii who affirmed the decision of the trial Court. Being aggrieved defendant No.1 has obtained the present Rule challengin..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....dgment Anwarul Haque Chowdhury J. - This Rule arises out of an application under Article 102 of the Constitution read with Constitution (Partial Revived) Order, 1985 and is directed against Memo dated 15.05.1985 issued by the Senior Scale Section Officer, Ministry of Land Administration and Lan......ke. The petitioner also paid Tk. 1,08,000/- for the year 1391 B.S. It is the further case of the petitioner that the officials of the Government were not very happy with the petitioner because of the decision given by the Hon'ble Court in Writ Petition No.19 of 1982 and they have been always try..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....te Party No.1. Civil Revision Case No.83 of 1983. Judgment AM Mahmudur Rahman J.- This Rule at the instance of the plaintiff-petitioner is directed against the judgment and decree dated 23.1.1983 passed by the learned Additional District Judge, 2ad Court, Patuakhali in Titl......d suit for the purpose of arriving at his finding in the appeal. He argued very strenuously that the plaint was a private document and this lower Appellate Court committed an illegality in basing his decision on the certified copy of the plaint which was inadmissible in evidence. In support of ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....e 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 reject...... has been observed. "The general principle, however, seems to be that alteration in procedure are retrospective, unless there be some reason against it'. This view follows from the decisions in the cases of James Gardner Vs. Edward A. Lucas, (1878) 3 A., 552; Colonial Sugar Refini..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....r 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 in Cri......d just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for. (4) In deciding the application the Arbitration Council shall record its reasons for the decision, and any party may, in the prescribed manner within the prescribed period and on payment of..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
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