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Abul Khair Vs. The State, 1992, 21 CLC (AD)
....er co‑accused Mosharraf to OC Lakshmipur. On the next day i.e. on 4.12.78 accused Mosharraf made a statement before PW 2 China Ranjan Barua, Magistrate, 1st Class, Sadar, Noakhali, which was exculpatory in nature. He stated that he accompanied Abul Khair who was his ex‑colleague as a......extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......he office. Then came PW 5 Abul Hossain, an inhabitant of Char Ruhita, followed by the deceased Chairman, who started perusing notices of monthly meeting and the resolution book for his eventual signature. The three accused persons, Abul Khair, Mosharraf Hossain and Mainuddin came near the Union ..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......e has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......scribed as grievous cannot be accepted in the absence of proper evidence from the hospital which the prosecution failed to produce. Considering all aspects of the case particularly the indifferent nature of the evidence of PWs 2 and 4 the likelihood of an occurrence being there only in the morni..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ......others...............Respondents Judgment June 10th, 1991 Lawyers Involved: Moinul Huq, Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record - For the Petitioner. ......o Sundar Mozumdar, (1896‑97) 1 CWN 226. In that case a Division Bench of the Calcutta High Court held that an order staying execution of a decree against which an appeal is pending is in the nature of a prohibitory order, and as such would only take effect when communicated. Dissenting fro..Category: Property Law | Date: | Hits: 98
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......s affidavit and is, therefore holding himself out as an obstinate defender. We, therefore, hold that the contemner is guilty of contempt of Court". 9. A contempt matter is in the nature of a criminal proceeding, and as such, the person proceeded against ie. the contemner, stand..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......such reasonable grounds exist to connect the accused person with the crime alleged against him. The court's belief on the point has to rest on the accusations made in the report to the police, the nature and the credentials of the evidence which the prosecution proposes to lead in the case, and ..Category: Constitutional Law | Date: | Hits: 150
....eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......vision Judgment here.
Supreme Court
Appellate Division
(Civil)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment Dir......ement for sale, is made, the Government has huge stake in the enterprise in the form of realisation of sales price. The enterprise is the only unit in the country in the drum manufacturing sector and nature of the machinery and their installations are such that their removal and shifting are likely ..
Category: Property Law | Date: | Hits: 68
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ......d reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ......t; which are not only causing sufferings to the litigant people but also are ‑threats to the posterity. The learned Judge observed that all the Laws and Ordinances made since 1972 are of such nature; in particular, the learned Judge has criticised PO No. 8, PO No. 50 and the Special Powers ..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......aused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......ied the suggestion by the prosecution that she deposed falsely suppressing the fact that her husband had been killed by the accused in the boro field. Evidence of other hostile witnesses is of same nature excepting that PWs 2 and 3 stated that the dead bodies of both Idris Fakir and Lalmia were ..Category: Criminal Law | Date: | Hits: 69
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ...... the time of deposition and as such both the appellate Court and the High Court Division found that he was not a competent witness to depose about defendants' continuous possession. This being the nature of evidence, the lower appellate Court as a court of fact held that the defendants were not ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ...... appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......guna stating that the plaintiff was the only heir of her deceased husband. Then during the Martial Law period the defendants managed to drag the plaintiff's father on 17.7.71 at night and forced a signature from him on a partition arrangement said to have been settled by Bisudaanandh Mahathero who w..Category: Property Law | Date: | Hits: 52
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ...... Ed. ......intention of the assessee was to close down its business with effect from October 1, 1972, that the expenses incurred against items 6 and 7 of the Agreement signed on September 14, 1972 were in the nature of compensation and benefits for termination of services of the employees for closing down ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......ppellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmul Hasan and others .................................Appellants Vs. Administrative Appellate Tribunal & others…………….Respondents (In Civil Appeal No. 1 of 1......unal respectively are ultra vires to the Constitution. 8. An impressive argument is built up in support of the contention that a manifest intention flows from the Constitution that in view of the nature and sweep of its jurisdiction, the Tribunal, now a part of the Judiciary under Part VI of the..Category: Administrative Law | Date: | Hits: 203
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......ot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......es. "Tenant stealing for the landlord" has been held to be the doctrine upon which the principle enunciated is based. 12. It will be seen that the principle is not of an absolute nature and the presumption in favour of landlord may be displaced by proper evidence and circumstan..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ...... Government of Bangladesh represented by the Deputy Commissioner, Bakerganj ..............Appellants. Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgm......laintiff No. 2. For all practical purposes the document is a document of transfer. Even if it is not construed as a document of conveyance under section 6 of the Transfer of Property Act, 1882, its nature as an agreement cannot be ignored. The document is a kind of contrivance that comes within t..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ...... Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (In Civil Appeal No......n payment of duties and charges within the stipulated time as envisaged in section 82 of the Customs Act and due notice to the owner was also given before such auction sale as cement is perishable in nature and significant portion of the consignment had already undergone deterioration and damage due..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......onviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......trespassed into the dwelling house of the informant Md. Afsar Ali Gharami (PW 1) with intent to kill him and also for committing theft. The informant at that time went out of his house to reply to nature’s call and he allegedly recognized the appellants from hiding in the light of the torc..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......ed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......ose about their kabala earlier which was said to have been executed in 1977. The report further said that the parties were close relations, that the second party men were of troublesome and violent nature and that there was likelihood of breach of the peace and of murder over the dispute between..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......region. (4) One incised wound 1" X ¼ " x muscle on the interior aspect of the metacarpal pharyngeal joint of the left‑index finger." 10. Thus, the nature of medical evidence on record also corroborates the confessional statement, Ext, 5 of Abdul..Category: Criminal Law | Date: | Hits: 69
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ...... to- Radha Kissen Chamria and others Vs. Durga Prosad Chamria AIR 1940 PC 167 & Commissioner of Income tax Vs. Vadilal Lallu Bhai AIR 1973 (SC) 1016. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Khalilur Rahman, Advocate with him) instructed by Sharifuddin Chaklader, Advoc...... An adjudication on an industrial dispute under section 36(2) or a proceeding on an application under section 34 of the IRO for enforcement of any guaranteed or secured right though a matter of civil nature, is not a suit and does not attract all the panoply of powers of the Code of Civil Proce..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......t: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others……......uddin Ahmed @ Iqbal Vs. Bangladesh and others, 33 DLR (AD) 154. 14. The respondents cited a number of cases in support of their contention that Clause (e) in the Proclamation is directory in nature and for its non‑compliance the custody cannot be invalidated. In Pulukuri Kotayya and ..Category: Constitutional Law | Date: | Hits: 365
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