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State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... a about 2-30/3-00 PM he was tapping date trees at the house of the respondents. He saw Khasru calling out Khairul Alam to take plum. PW 18 Rahimannessa stated that on 19 Poush 1385 BS at about Zahor prayer time her son Khairul came and took his meal and went out saying that he was going to the bus ......f the respondents by the High Court Division in appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and then some time thereafter the dead body of the victim is ...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water TransÂport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
.... was ordered to be put up on 28th August, 1982 with intimation to both the parties, but no such information was given to the respondent’s learned Advocate. On 28th August, 1982 the plaintiffs prayer in respect of service of summons on defendant No. 1 was allowed. Subsequently on 19th Septe......the respondents. Respondent No. 1, Central Inland Water Transport Corporation Limited, defendant No. 2 in the suit, entered appearance on 28th November, 1980 and filed as many as eight applications for time for filing written statement. The last application for time, filed on 8th April, 1982, was......n action it is for him to pursue it and to keep himself in touch with the proceedings, either personally or through his counsel. 5. It is contended that the High Court Division was wrong in remanding the case to the trial Court since respondent No. 1 did not apply for condonation of delay......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ..Category: Procedural Law | Date: | Hits: 104
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
....tigations. 3. On being convicted by the Additional Sessions Judge, Rajshahi in Sessions Case No. 91 of 1987 as mentioned above, an appeal was preferred before the High Court Division with a prayer for bail. The learned Single Judge of the High Court Division admitted the appeal but refuse......rt Division while admitting the appeal arising out of an order of conviction and sentence under sections 325/34 and 316/34 of the Penal Code sentencing each of them to suffer rigorous imprisonment for one year and also to pay a fine. 2. The prosecution case, in brief, is that on 13.5.87 a...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 37
Muzaffar Ali and other Vs. Government of BanglaÂdesh and another, 1991, 20 CLC (AD)
....following grounds are found in support of the order: "i) The property was not exchanged by the real and recorded owner. ii) DC or ADC had no authority to entertain any prayer for regularisation of exchange case after 30.9.70 vide GO No. 879(19) Genl. dated 1.7.70. ......from Judgment and Order dated 9 April, 1987, passed by a Division Bench of the High Court Division, Dhaka, in Writ Petition No. 93 of 1985 discharging the Rule. 2. The appellants filed the aforesaid writ petition against respondents Nos. 1-4 challenging the legality of the Memo No. Da-73/......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....tioner on 14.5.86 at 12-30 PM. The defendant-petitioner filed hajira soon thereafter and submitted that he could not file hajira in time owing to hartal and prayed for an adjournment of the case. The prayer for adjournment was refused on the ground that the miscellaneous case was already dismissed f......ent August 7, 1990. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented - Respondent. Civil Petition for Leave to Appeal No. 157 of 1990. (From the Judgment and Order dated 15-5-90 passed by the Hig......ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 105
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
.... heirs). 3. The plaintiffs also prayed for temporary injunction restraining the appellants from disturbing in any manner the enjoyment of suit property by them. The appellants contested the prayer for temporary injunction by filing a written objection. 4. The learned Assistant Judg......Court Division in revision which has already run out its time. 2. Plaintiff-respondent Nos. 1-6 instituted Other Suit No. 71 of 1987 in the 5th Court of Assistant Judge, Chittagong on 8-8-87 for permanent injunction impleading the appellants as defendant Nos. 1 and 2 (defendant-appellant N......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 91
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....e charge-sheet has not yet been submitted. The appelÂlant unsuccessfully moved the Upazila Magistrate and the Sessions Judge, Natore for bail. The High Court Division, Rangpur Bench also refused the prayer for bail on the ground that the case was still under investigation. 3. The appellant submi......ed Guradaspur Police Station and after overpowering the police on duty looted away some arms and ammunition from there. 2. It is stated by the appellant that in spite of several extensions of time for investigation the charge-sheet has not yet been submitted. The appelÂlant unsuccessfully moved ......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......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..Category: Criminal Law | Date: | Hits: 53
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ady been discharged, commonness of the two cases is almost lost. One case is ready for final disposal and the other not yet began. Parties of both the cases being not identical. For all these reasons prayer for simultaneous trial is not tenable. The appeal is dismissed…(11 & 12) Case Referred t...... simultaneous trial is that the trials must be held in quick succession so that there occurs an over-all picture to the mind of the judge but if there is a long gap between the two trials the purpose for which a simultaneous trial is held by the same court is almost lost. As bulk of the accuseds in ......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......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..Category: Criminal Law | Date: | Hits: 48
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
....on. ResponÂdent No.1 filed a Civil Revision Application in the High Court Division being Civil Revision No.36 of 1983 and the learned Single Judge of the High Court Division allowed the pre-emptor's prayer on 29th January, 1984. 5. Leave was granted to consider whether the appellate Court erred ......82 of 1984. Judgment: M.H. Rahman J. - This appeal is at the inÂstance of the pre-emptees. 2. Respondent No.1 filed an application under section 96 of the State Acquisition and Tenancy Act for pre-emption of 12'34 acres of lands of some plots of C.S. Khatian No. 19 and also for 12'21 acre...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is disÂmissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is disÂmissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ted land. Under such circumstance the government settled the land with the defendant-appellants. Even though auction was held and delivery of possession was made and the respondents knew it and their prayer for setting-aside the sale was frustrated by the circle officer, the plaintiff-respondent fil......d. Under such circumstance the government settled the land with the defendant-appellants. Even though auction was held and delivery of possession was made and the respondents knew it and their prayer for setting-aside the sale was frustrated by the circle officer, the plaintiff-respondent filed this......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..Category: Property Law | Date: | Hits: 35
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....g that the value of the part of her building should be ascertained through an AdvoÂcate Commissioner for the purpose of compensation to be paid by the decree-holders. The Executing Court allowed her prayer and appointed an Advocate Commissioner; but in revision the learned Single Judge of the High ......Khatun alias Tahmina Khanam, DefenÂdant No. 4..................Petitioner Vs. Begum Nurun Nahar and ors.............................Respondents Judgment April 1, 1987. Civil Petition for Special Leave to Appeal No. 302 of 1986 The Code of Civil Procedure (V of 1908), Order XXI ......ate Commissioner has been rightÂly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ate Commissioner has been rightÂly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... maintainable the application for temporary injunction was, therefore, liable to be dismissed. 6. By his judgment and order dated 22nd July 1984 the learned Subordinate Judge, Barisal rejected the prayer for temporary injunction. Appellant preÂferred Miscellaneous Appeal No.94 of 1984 before the......ision, Barisal (Mr. Justice M.H. Rahman and Mr. Justice Syed Misbahuddin Hossain) on 2nd September 1984. 2. Appellant filed Title Suit No. 15 of 1984 in the 1st Court of Subordinate Judge, Barisal for declarÂation of title and confirmation of possession in the suit land. Appellant's case, inter ...... the fruits of the decree obÂtained by him. 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) 251 ...... the fruits of the decree obÂtained by him. 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) 251 ..Category: Tenancy Law | Date: | Hits: 114
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
....riminal Appeal No. 18 of 1987 Judgment: A.T.M. Afzal J.- This appeal by leave arises out of an order dated 21.7.87 passed by the High Court Division (Jessore Session) rejecting the appellant's prayer for bail in a pending Criminal ApÂpeal being No. 64 of 1987. 2. The appellant along with ......e 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 and the appell...... 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 ...... 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 ..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....of her statement under Section 161 Cr.P.C. for which he took time. Mr.Fazlul Karim, however, informed us on the adÂjourned date that he could not procure the same from his client and made no further prayer. It may be obÂserved in this connection that Ayesha Khatun clearly stated in her evidence th.........Respondents Judgment April 20, 1988. Criminal Appeal No. 6 of 1986 The Evidence Act, 1872 (I of 1872), section 137 If the defence wanted to show that such a statement was not made before the Investigating Officer it must be put to the witness and the Investigating Officer in actual......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....of the criminal case was prayed for on the ground that cognizance could not be taken except on a complaint by court as reÂquired under section 195(1) (c) Cr.P.C. The High Court Division rejected the prayer relying on a SpeÂcial Bench Case of the Allahabad High Court, AIR 1931 Allahabad 443, Empero...... a restriction on the general jurisdiction of a Criminal Court to take cognizance of an offence at the instance of any person under S.190 Crl.P.C. and it empowers a particular court to make complaint for an offence committed by a party to a proceeding in that court in respect of a document produced ......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....the Bangladesh Land Holding LimiÂtation Order (P.O. 98 of 1972), it may be pointed out that the right of pre-emption accrued a decade beÂfore the said P.O. 98 of 1972 came into being. FurÂther the prayer for pre-emption was allowed by the trial court in 1967 when no question of land holding limit......ding Limitation Order, 1972 (P.O. No. 98 of 1972), Article 3 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 90 and 96. Practice and procedure Although the application for pre-emption was filed in 1964 the trial court rightly held on the basis of reported cases that t......In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ..Category: Procedural Law | Date: | Hits: 92
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... jurisdiction, null and void nor any declaration that the plaintiff is not liable for the period, 1363-1368 B.S. can, therefore, be givÂen. In this connection it may, however, be menÂtioned that no prayer was made in the plaint for deÂclaring the letter dated 28th November 1960 as illeÂgal, with......cquisition and Tenancy Act ceased to exist. In section 22 of the Act express provisions are made subjecting all lands to assessment and payment of rent. Only because there is no term in the agreement for payment of rent the claim of exemption from payment of rent is unacceptable as because all the l...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
....n stated that the appellant was involved in a number of Criminal cases and earned ill-reputation in the locality for his rude and rough behaviour. The Chairman of Fakirhat Union Parishads submitted a prayer to the Deputy Commissioner, Bagerhat (Respondent No. 1) for cancellation of license of the re......ink it was absolutely necessary to hold the inquiry with notice to and in the presence of the appellant. At the very least he ought to have been given a show cause notice against the enquiry report before the order was passed. "No one should be condemned unheard," is a settled principle of law which......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....concerned. 7. The appellant unsuccessfully took an appeal against the decision of the Tribunal and then an unÂsuccessful revision against the appellate order. 8. Coming to this Division with a prayer for leave to appeal submissions were made disputing and raising question as to the recounting...... day with intensive scrutiny. The parties confronted with application on objection in respect of particular ballot papers and those were met. So, it is 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 c......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 ......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
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
.... is directed against the judgment of the High Court Division, Rangpur Bench, in CivÂil Revision No. 1750 of 1981. 2. Plaintiff-appellant filed a suit for partition of the ejmali properties with a prayer for purchasing the share of the stranger purchaser, defendants, in the ejÂmali undivided fam......s Judgment November 2, 1987. Result: The appeal is allowed. The Partition Act, 1893 (IV of 1893), section 4 The purpose of section 4 is to see that a transferee out sider does not force his way into a dwelling house in which other members of the transferor's family have a right t......, AIR 1928 Cal. 539." 12. Keeping in mind these principles there is no hesitation in saying that the learned Single Judge had exceeded the jurisdiction in revision for selling aside the decree and remanding the suit to the trial Court. 13. Mr. Fazlul Karim's grievance that the plainÂtiff had ......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ..Category: Property Law | Date: | Hits: 45
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