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State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......8.5.79 it appears that the Investigating officer prayed for another date for fixing the TI Parade as the witnesses were not present on the that date, though the accused were produced from custody and bail petition was moved for them and the same was rejected by the order dated 18.5.79, fixing TI Par..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....nt obtained no title in the case land and that the ex parte decree obtained by her in TS No. 208 of 1984 did not confer any title on her. These inquiries and observations wore wholly outside of the scope of the Rule. The High Court Division never directed its attention to the central question as...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ......sp; Latifur Rahman J.- In this appeal, the accused-appellants have challenged the order of refusal to grant bail in Criminal Appeal No. 173 of 1990 by the learned Single Judge of the High Court Division whil..Category: Criminal Law | Date: | Hits: 37
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....s adduced by the prosecution have not been given due consideration by the learned Judges of the High Court Division. 30. I may point out that Ramaswami, J. as His Lordship then was enunciated the scope of section 106 of the Evidence Act and its due place in criminal trial in a case reported in A......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....imate analysis it is the interest of public justice and or prevention of miscarriage of justice which prompt the Court of revision to interfere in a particular case as to what should, therefore, the scope of inquiry be in revision against acquittal when findings of facts fact are assailed, it may b......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....al is allowed. The apÂpellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......he investigation could not be completed even after taking time on several occasions by the IO and charge sheet not yet submitted on conclusion of investigation, the appellant is entitled to remain on bail granted earlier………………………(3) Lawyers Involved: S.R. Pal, Senior Advocate,..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rnment has not been envisaged in the Criminal Procedure Code and is entirely repugnant to the provisions of section 423". 19. The Supreme Court of India, it seems, has taken similar view as to the scope of Sec.423 (1)(b) Cr.P.C. In the Case of Lakhan Mahato and others Vs. State of Bihar AIR 1966 ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......n of the two cases as would qualify for a simulÂtaneous trial by the same court. 13. In the result, therefore, the appeal is dismissed. Those of the accused of Sessions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so ..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... Rejection of the appeal for appellants non-appearance at the time of filing of the appeal without giving an opportunity to the appellants, to appear before the High Court Division, who are granted bail from the trial court (however wrongly), till filing of the appeal and getting bail, is not just..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill conÂtinue on the bail and realisation of the fine will reÂmain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment August, 1988. Criminal Appeal No. 7 of 1988 The Code of Criminal Procedure, 1898 (V of 1898), section 426 Condition of payment of fine for bail Order for payment of the fine as a condition for the bail is not supportable either in law or..Category: Criminal Law | Date: | Hits: 56
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....in the disÂputed centre, Benodepur, was held peacefully, votes were counted and the result was announced; polling was not adjourned or stopped at any time during the polling and as such there was no scope for the ElecÂtion Commission to interfere or to direct fresh elecÂtion. The order for re-ele......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ..Category: Election Law | Date: | Hits: 126
Haruni Fisherman CoÂoperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....file was seen by the learned Judges the same was shown to the appellant's Advocate. Fairness of administrative action and impartiality of the Court are, therefore, fully established thus leavÂing no scope for any grievance on this score. In the facts and circumstances of the cases there appear to b......i ever arises requirÂing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Â Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..Category: Property Law | Date: | Hits: 34
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....ed below: "Heard both the parties today and examined the case records. Since the police has submitted C.S. in another case of the same occurrence and cognizance has been taken, I think there is no scope to continue this complaint case any more, Moreover no prima facie case has been made out durin......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......aminee In the facts and circumstances of the case particularly having regard to the good academic background and future career of the appellant, there was enough justifiable reason to let him go on bail at least for affording him the opportunity to take his B.A. Examination. The appeal is allowed ..Category: Criminal Law | Date: | Hits: 56
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....was assailed on the ground that private complaint on which the proceeding started was hit by the mandatoÂry prohibition in section 195(c), Crl. P.C, The question raised in this appeal relates to the scope and extent of this section. 2. Accused-appellant No.1 had filed Title Suit No. 410 of 1975 ......ard the same to a Magistrate of the first class having jurisdiction, and may take sufficient security for the appearÂance of the accused before such Magistrate or if the alleged offence is non bail able may, if it thinks necessary so to do, send the accused in custody to such Magistrate, an..Category: Criminal Law | Date: | Hits: 63
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....ember 1985, a definite clear order restrainÂing the respondents from interfering with the appelÂlants' possession should have been obtained. The abÂsence of such order .quite arguably leaves ample scope for wrong understanding. Of course, the frusÂtration of the appellant at the respondents' beh......easons stated above, the appeal is disÂmissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..Category: Property Law | Date: | Hits: 45
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....t the High Court Division apparently took the view that a second revision lies whereas the decision of this Court in 35 DLR (AD) 127 in authoritative pronouncement has settled the law and there is no scope for filing second revision. The second branch of the argument was that, in that view of the ma......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ..Category: Constitutional Law | Date: | Hits: 174
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
.... not possible that a valid ballot paper was left for counting in favour of either party. So, even though it is unfortunate that the decision in the case turned on two marginal votes only, there is no scope of interference………………..…(16 & 17) Lawyers Involved: T.H. Khan, Senior Advoc......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....country. 21. The question was whether his property is abandoned property. Since there is a specific law as 3c the definition and meaning of abandoned property, namely, P.O. 16 of 1972 there is no scope for taking round about course for saddling the person with a liability that since he is not a ......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....t between the landlord and the tenant. From the use of the preposition "in" before the exÂpressions “the contract," the intention of the legisÂlature seems to be clear. There might have been some scope for controversy if the preposition 'by' was used instead of the preposition 'in'. As it is, th......rcome the mischief arising from their default For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ..Category: Tenancy Law | Date: | Hits: 112
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