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Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......passed by the High Court Division, Dhaka in Civil Revision No. 420 of 1985). Judgment ATM Afzal CJ.- This appeal by the plaintiffs following leave is from judgment and order dated 6 March 1986 passed by a Single Judge of the High Court Divisions in ......of 1969, the wife of the deceased, Feezza Khanum, having already been on record as defendant No.2. The learned Judge of the High Court Division took the view that the misc. case was a separate and independent proceeding and substitution made in that misc, case did not automatically substitute th......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nst the accused, it is not sufficient to prove that marked notes passed from the decoy witness to the accused. It is of the utmost importance in cases of this kind that there should be independent corroboration of the statement of the decoy witness that the money was received by the accused pers......fficers, MA Rashed and Mujibar Rahman also rushed to the spot and charged the accused Abdul Gani of accepting the money as bribe. The said Officers disclosed their identity, recovered the GC notes from the accused Abdul Gani in the presence of witnesses and compared the same with the inventory a...... a trap against the accused, it is not sufficient to prove that marked notes passed from the decoy witness to the accused. It is of the utmost importance in cases of this kind that there should be independent corroboration of the statement of the decoy witness that the money was received by the ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......ad. Iman acquired about six bighas of land by cultivating others land on barga. He left behind his landed property and a sum of Rs. 1500.00 After the death of Iman. Parashullah Fakir purchased land from PW 10 Golam Mostafa, PW 4 Sushanta Kumar Sarkar and others with the money left by Iman. Paras......hullah Fakir and his daughter PW 3 Laily Khatun are not now coming to support the story of extra-judicial confession by the accused. PW 1 Sk. Elahi Baksh, PW, 8 Rangu Mian, PW 9 Salamat Shaikh are independent witnesses. PW 10 Golam Mostafa, an Imam of the local mosque, is related to the deceased...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......mar Das 21 DLR 918. Lawyers Involved: Abdus Salam Khan, AR Khan—For the Appellants. Nasiruddin Chowdhury—For the Respondents. Appeal from Appellate Decree No. 937 of 1962. Judgment: ......with the plaintiffs. 5. The learned Munsif who tried the suit held that the plaintiffs failed to prove their case of possession and dispossession and that the defendants proved their case by independent witnesses and consequently he dismissed the suit. On appeal the learned Subordinate Ju......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......bit A (I). The petitioner thus became a co-sharer tenant. The opposite parties Nos. 1 and 2, who are strangers to the jote, purchased the land under pre-emption by kabala dated 24th September, 1964 from Anil Kumar for a consideration of Rs. 1500.00 without serving any notice thereof to the petit......mptor and the applicants jointly preferred Miscellaneous Appeal No. 89 of 1966 before the District Judge, Jessore, which came up for final disposal before the Subordinate Judge, Jessore, who on an independent assessment of the evidence, both oral and documentary, arrived at the finding that both......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ...... cases mentioned in sections 234, 235, 236 and 239. 5. Section 234 lays down that when a person is accused of more offences than one of the same kind committed within the space of twelve month from the first to the last of such offences, whether in respect of the same person or not, he may be......f only three offences of the same kind. 8. As regards the allegation of disposal of Rs. 1360.09 paisa of the unclaimed amount between 27.5.64 and 19.8.64 among nine persons each act constituted an independent transaction and in the absence of any nexus between them they cannot be deemed to form p......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......d to above, the disputed new char which has appeared in the eastern bank of Tetulia river contiguous to a mouza Char Bedurial JL No. 64 PS Bhola is transferred to Bhola PS and will be managed therefrom. This has reference to your memo. No. 1276 dated 25.11.66, 1978-SA dated 30.10.66, and this of......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......nd Sadar (North) Sub-division fells to the western side of this river, it is obvious, therefore, that in order to reach the police station people of this newly formed char which is well known to be source of constant law and order problems, would require crossing of such a wide river apart from ..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......966 for recovery of Rs. 2000/- on arrear house rents on the allegations, inter alia, that the plaintiff was entitled to get the said amount which accumulated as rents at the monthly rate of Rs. 22/-from the month of Falgoon, 1365 BS to the month of Magh, 1372 BS for holding No. 113, Quaid-e-Azam......on this point before me to the case of 5. Komorappa Goundan vs. Ramaswamy Goundan, AIR 1948 Madras 150. In the said case Ali J. held that the High Court under section 151 can stay the trial of an independent suit in the course of other proceedings pending before it if the stay is necessary in t......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....ed by PW 6 that about 10/12 villagers came to the bari on hearing his shouts when his Bhabi was carried away by the accused but it appears that none of them has been examined to furnish independent corroboration to that part of the prosecution case. Similarly, as regards the prosecution case that......3) 15 DLR 712. Lawyers involved: No one- both for the Appellant and Respondent. Appeal No. 174 of 1968. Judgment: TH Khan J: This appeal from the jail by the accused Golam Kader is directed against the order of conviction and sentence ......t is admitted by PW 6 that about 10/12 villagers came to the bari on hearing his shouts when his Bhabi was carried away by the accused but it appears that none of them has been examined to furnish independent corroboration to that part of the prosecution case. Similarly, as regards the prosecuti......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......t Raj Kumar purchased the share of Chandra Kumar as the karta of the undivided Hindu family out of the joint funds and accepted the case of the defendant that the property acquired by two documents from Chandra Kumar was the self-acquired property of Raj Kumar out of his own independent income. ...... Hindu family out of the joint funds and accepted the case of the defendant that the property acquired by two documents from Chandra Kumar was the self-acquired property of Raj Kumar out of his own independent income. The plaintiff having felt aggrieved by the latter part of decision of the lear......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ...... and another vs. Akram AH Prodania and another 17 DLR 343; 41 CWN 257 (PC); AIR 1948 (PC) 168. Lawyers Involved: MA Rouf —for the Appellants. Not Represented—the Respondents. Appeal from Appellate Decree No. 906 of 1960. Judgment K Hossain J.- This appeal is by the plaintif......is barred by limitation. This contention has some substance. It may be stated that the learned Munsif has relied on Ext. 1 which has been proved by PW 5 who is not only a Mukabala witness but also an independent witness and who has supported the writ of delivery of possession, Ext 1. The case of the......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ..Category: Property Law | Date: | Hits: 82
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....ct :" I did not make any arrangement through Chowkidar Dafadar or any village Matbar for finding Hobi Durani out, because we got no necessity of finding him out." Furthermore, there is no corroboration of the statement of DW 1 to the effect that Hobi Durani came to the house of DW 1 Yas......d on the condemned prisoner Abdur Rashid under section 302 of the Pakistan Penal Code by the Additional Sessions Judge, 2nd Court, Dacca. There is also an appeal preferred by the condemned prisoner from the jail. Both the Reference and the appeal have been heard together and they are now disposed......octor found that the death was due to shock and haemorrhage as a result of spinal injury which was ante mortem and homicidal in nature. The Doctor further observed that injury Nos. 3 and 4 were not independent injuries and that they were the result of injury Nos. 1 and 2 and these injuries must ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......nt: Mustafa Kamal CJ.- Petitioner No. 1, the City Bank Limited, and its Directors petitioner Nos. 2 and 3 have preferred this petition for leave to appeal from the judgment and order dated 25-3-99 passed by a Division Bench of the High Court Division in ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......on No. 4992 of 1997). Judgment: Mustafa Kamal CJ.- The writ-petitioners of Writ Petition No. 4992 of 1997 have preferred this petition for Leave to Appeal from the judgment and order dated 11-5-99 passed by a Division Bench of the High Court Division dis......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......and decree dated -1 -1998 passed by the High Court Division Dhaka in FA No 39 of 1995). Judgment: Mustafa Kamal J.- The plaintiff-petitioners have preferred this petition for leave to appeal from the judgment and decree dated 22-01-98 passed by a Division Bench of the High Court Division in....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..Category: Tenancy Law | Date: | Hits: 82
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......ich the defendants failed to bring before the court so long. The defendants must take the consequence of their own laches. Moreover there is nothing specific to show that the defendants were absent from the country on the date of passing the ex parte decree…..(5) Lawyers Invol......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......hatian No. 351 of mouza Kamardha under police station Porsha. 2. During the pendency of the suit plaintiff Nos. 9 and 19 died and the suit in respect of them abated after expiry of 90 days from the date of death. An order of abatement was also recorded by the learned Subordinate Judge, N......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......rpur Police Station alleging, inter alia, that on 4-3-1997 at 9-00 AM his 13 years old daughter, Suma Chatterjee, a student of Class IX, went to Bharra Umesh Chandra High School but did not come back from the school and when on search she could not be traced out and getting this news the informant c......d. It is not known when the trial will conclude which, we have been informed, has, however, started. The young girl cannot be allowed to walk away from the prison house of her own, because she has no independent place to stay. The parties have not been able to provide any answer to our query whether......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......ion, Dhaka in Criminal Misc. Case No. 814 of 1995 (Contempt). Judgment: Mustafa Kamal J.- This appeal under Article 103(2)(c) of the Constitution is from judgment and order dated 29-06-95 passed by a Division Bench of the High Court Division in Mis......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......, Dhaka measuring 2.28 acres originally belonged to Kunja Behari Gope and Gagan Behari Gope. Out of 2.28 acres, 1.58 acres were acquired in LA Case No. 6 of 1948-49. The petitioners are purchasers from the original owners of the land which was outside the acquisition. There were various cases ov...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
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