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Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
.... Ali & others Vs. District Judge and Settlement Commissioner, Sukkur and others 21 DLR (SC) 139 = PLD 1969 SC 167; Chowdhury Saifuddin Ahmed Vs. Shamsuddin & others 40 DLR (1989) 10; Mt. Kulsoomun Nissa and another Vs. Noor Mohammad @ Sultan Haider and another AIR 1936 (Allahabad) 666; Fi......3 of the Code of Civil Procedure. It is further contended that as there was no application by respondent No. 1 for condonation of delay under section 5 of the Limitation Act the trial Court was not called upon thereof to consider the question of delay and it did not in fact address itself to tha......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
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....gistered Kabalas in the name of defendant No. 1 Sarbeswar Ghose. The latter's heirs are respondent Nos. 1 and 2. The suits were compromised between the plaintiff appellant and defendant No. 1 by a solenama dated 22.9.197 11. Both the suits were decreed on compromise against deceased defendant No......Judge: "The expression "proforma defendant" does not appear in any provision of the Code of Civil Procedure; the term indicates that for the sake of form the so‑called proforma defendant was made a party in the suit. In the instant case although no relief has......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....eir Indian property with the aforesaid premises at 7 Wiseghat Road, Dhaka, which originally belonged to one Akhanda Kumar Bose alias Ajit Kumar Bose. On his death the said property devolved on his son Proddyut Kumar Bose (Respondent No. 5). In the CS Record, it was recorded in the name of Akhand......e set a side. This order dated 28.2.85 had been impugned in the writ petition. 8. Respondent Nos. I and 2 in their affidavit-in‑opposition denied that Akhanda Kumar Bose was also called by the other name i.e. Ajit Kumar Bose, It was stated that the disputed property was requisi......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
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....Police Station and informed the police that Halima and tier husband had a quarrel in the afternoon of the 14th Sraban 1388 BS (corresponding to 30.7.81) and that Halima committed suicide by taking poison at 11.00 PM, An UD case was started on that report. On the following morning Halima's two uncles......Mozaffar Hossain Mondal, brother of the deceased, filed a petition of complaint before the Court of Sub divisional Magistrate, Bogra. Subsequently, on the receipt of the post-mortem report the police called the informant PW 1 and recorded the FIR on 16.10.81. 3. The defence case is that Halima Bi......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)
....8) Section 439 In deciding a revision against acquittal the court of revision can legitimately examine whether correct principles relating to appraisal of evidence has been fallowed or not, whether some material piece of evidence has been overlooked or misappreciated winch could have a profound be......nt he gave a detailed account of the assault made upon him by the respondents. At about the same time the Office-in-Charge, Islampur P.S. Sk. Abdur Rahman (P.W.14) who came to the Dispensary on being called by the doctor recorded another statement of Shamser Ali Amin which was treated as F.I.R. The ......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
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....ahjahan Biswas & Others...............Appellants Vs. The State......................................Respondent Judgment July 5, 1988. Criminal Appeal No. 20 of 1986 Proof beyond reasonable doubt in case of conviction - Mysterious death without proof of injury shall not warrant con......e, dated 5 March, 1983 convicting the four appellants under section 302/34 of the Penal Cods, which has been confirmed in appeal by the High Court Division by an order dated 1 February 1984, has been called in question. 2. The four appellants, namely Shahjahan, Munsaf, Anwar and Sultan Sheikh, al......s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....o. 3 of 1988 The Code of Criminal Procedure, 1898 (V of 1898), section 561A Practice and Procedure The requirement of a 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......Miji also lodged an F.I.R. with O.C. Tangibari P.S. on 23.5.85 at his house alleging that at about 9 a.m. on 21-5-85 his brother Nur Mohammad Miji was proceeding towards Dighirpar Bazar when he was called by his friend Salauauddin to the east of Dighirpar Union Board, at that time fighting was a......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
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
....e No.161 of 1985 in the Court of Sessions Judge, Netrokona for an offence under section 302/34 Penal Code. They were, however, found guilty under section 147 Penal Code and sentenced to rigorous imprisonment for 2(two) years and a fine of Tk. 1000/- each by judgment and order dated 23.8.86. On appli......hat it cannot be said that the order was a just and proper one. We, therefore, feel n6 hesitation in setting aside the said order. Since the appeal has not been heard on merit an order of remand is called for. 6. The appeal is, accordingly, allowed and the case remanded to the. High Court Divis...... 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 ..Category: Criminal Law | Date: | Hits: 97
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....pondents Judgment May 8, 1988. Criminal Appeal No. 30 of 1983 The Code of Criminal Procedure, 1898 (V of 1898), section 367 Though judgement of the magistrate was not in proper form yet some reasons have been given for acquitting the accused persons. So, there was no miscarriage of jus...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......settlement of the disputed land from the Government by paying necessary salami and went into possession and grew Aush paddy which was however forcibly reaped away by the accused-respondents causing a loss of Tk. 6.000/- The accused-respondents, when charged under sections 147 and 379 of the Penal ..Category: Criminal Law | Date: | Hits: 50
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....compound sentence recording the various answers of different kinds of questions is neither permissible nor desirable as has been done in the present case. The defence cannot get any benefit by making some weird, vague and misleading suggestion as to ommission. ………………….(10) Lawyers In......is judgment that it was not possible for Safiluddin who was so critically injured, his intestine having come out and he was found groaning, to make any statement as alleged by the prosecution. The so-called dying declaration was, therefore, disbelieved by the trial court and the High Court Divisio......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)
....ould not have been the intention of the Legislature, then the rule of literal construction may be departed from and language of the statute may be modified, if necessary, by addition or alteration of some words. In the case of clause (c) of section 195, it is capable of both the constructions as dis......ing. It is immaterial that the offence has been committed by the party before the proceedings are taken and the bar contained in section 195(1) (c) will apply if at the time when the court is called upon to take cognizance of a complaint, the accused is a party to a proceeding in a court i......r myself I am inclined to favour the view taken by the majority of the High Courts, for, in my opinion upon a plain reading of the language of clause (c) the said view exfacie appeals to reason. The gloss put by the Allahabad decision AIR 1931 Allahabad 443 that the offence must be alleged to have b..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
.... having regard to the attendant circumstances…………..(20 & 21) State................................................................Respondent Non-disclosure of the names of the appellants soon after the occurrence raises a big question mark as to the veracity of the said witnesses. The a......ght of occurrence and out of rivalry and grudge the accused were falsely implicated sequent deliberation. 20. The decision in the case mainly turned on appreciation of oral evidence. There is a so-called confession by a co-accused (appellant Daud) which been relied upon by the trial court. That c......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on No. 137 of 1985, the appellant, Wazed Ali, an Assistant Store Officer of the Corporation, challenged an order of the Corporation dated 29 May 1985 provisionally removing him from service. He also took the same ground that the specified period, in his case 150 days from the date of his suspe...... satisfactory he or they may be proceeded against on charge of inefficiency under rule 3(a) (iv)." 14. Mr. Rafiq-ul- Huq, on the basis of the Rule 27(2) of the Rules of 1985, which may better be called the existing rules, argues that the pending proceedings should be disposed of under the exist......is explanation he explained that disposal of the goods by him did not come in conflict with any Instructions and directions and that from the disposal of the goods the Corporation did not incur any loss, allegedly of Tk.30,000/-, as the sale was held according to the previous price rates. On a s..Category: Employment/Service Law | Date: | Hits: 112
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....esaid Ordinance he submitted that the suit filed by the plaintiff- respondents has abated. 6. Mr.M.H. Khondkar, Counsel for the plaintiff-respondents, submitted that the plaintiffs purchased some lands of plot No.58 from different persons who took pattan from Deldoar Estate and the rest o......visions of section 4(2) of the Ordinance No.XXXIII of 1982. They are: "4. Abatement of legal proceedings.- (1) The Constitution of Reserved Forest as is referred to in section 3 shall not be called in question on any ground whatsoever before any Court. (2) All suits, appeals, petitions......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....n 133 nor the elected representatives were given any opportunity to explain the activities of the Paurashava which had been undertaken by them. The Paurashava is a corporate body and as a juristic person no doubt but it acts through human agencies, namely, through the elected commissioners and the C......lowed the writ. 16. On appeal the Supreme Court took the view that the Board had given its full explanation and the question of natural justice did not arise "when the Board never demanded what is called a personal hearing and never intimated to the Government that it would like to produce mate......n, criminal misconduct or prejudicial or anti-state activity;(c) he refuses to perform or becomes disabled from performing his functions: or (d) he is guilty of misconduct or is responsible for any loss or misapplication of money or property of the Paurashava. The added explanation to section 13 s..Category: Election Law | Date: | Hits: 118
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
....instructed by M. Nowab Ali, Advocate-on-Record -For the Respondent. Criminal Appeal No. 2 of 1986. (From the judgment and order dated 14th February 1985, passed by the High Court Division, Jessore in Criminal Appeal No. 38 of 1984.) Judgment: A.T.M. Afzal J. - This appeal, following l...... appellants Khagendra, Natabar and Profulla having been informed by their boys also reached Nandalal's house and insisted upon him that the matter should be settled then and there as they had already called other persons. Nanda Lal agreed to their proposal and skirted for the club taking a hurrica...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
.... Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the reasonabl......l was granted to consider (i) whether the question of reasonableness of a customary right should be decided on the condition prevailing at the inception of such right or at the time when the Court is called upon to decide the matte; and (ii) whether the decision reported in 7 DLR 464 has been correc......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....t land alternatively for recovery of possession together with a prayer for declaration that the Nirupannama dated 14.3.37 was illegal, null and void and not binding on the plaintiff. Plaintiff is the son of Tripura. The land originally belonged to one Lakshmi Charan Bartia who died leaving behind a ....... On Tripura's death her interest devolved upon her sister Pramila for life time. Pramila died in 1937 leaving behind five daughters, defendant No. 2 and others. Pramila Sundari executed a document called Nirupannama in favour of the Chief Priest of Lakshmi Bihar. This document was assailed by the......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....r grandfather not having been born in the territories now comprising Bangladesh nor he being a permanent resident of such territories on this 25th day of March, 1971 nor he having continued to be so resident, Article 2 of P.O. No. 149 of 1972 was/is not applicable to him and as such Article 2A, ......he Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following order :- 1. (1) This Order may be called the Bangladesh Citizenship (Temporary Provisions) Order, 1972. (2) It shall come into ......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)
...., section 18(5) No implied contract either can be said to have been created simply by the fact of payment and acceptance of rents for several months at a time. Such irregular payment did not also constitute a waiver of the right to receive rents as per provision under section 18. The appellan......ayable." If this time-limit has to be varied by a landlord and his ant, it obviously implies something in writing, which is not the case here. Moreover, defendant-appellants tried to establish the so called contract by referring to the practice of the parties of payment of rent in lump-sum amount an......rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed 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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