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Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....Division, Dhaka in Civil Revision No. 619 of 1984 discharged the Rule by his judgment and order dated 10.7.85. 3. The suit premises is a pucca one-storied building at Municipal holding No. 62, Hajee Abdul Majid Lane, PS Sutrapur, District Dhaka consisting of four rooms. The ......plied the test of bonafide requirement. The appeal is, therefore, allowed without, however, any order as to costs. SCC suit No. 19 of 1980 is hereby decreed. Defendant-respondent shall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the..Category: Property Law | Date: | Hits: 26
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
..... 378 of 1988 the defendant-Contractor filed an application under Order VII, rule 11 (d) CPC for rejection of the plaint which was dismissed by the learned Subordinate Judge by order dated 2.3.89, holding that section 32 of the Arbitration Act was no bar to the filing of the suit. The defendant-......il Procedure for rejection of the plaint. 2. These three appeals have been heard together and will be disposed of by this common judgment. 3. By Memo No. 1809/4(4) dated 2.8.78 the Government of Bangladesh in the Ministry of Communications, Roads and Highways entered into an agree..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
.... assails the presumption of the CS Khatian, a kind of exercise the Court in a simple suit for permanent injunction should ordinarily avoid. 9. By mere assertion of the plaintiff that the disputed holding originally belonged to Dinomoni the subsequent fact of exchange between Dinomoni's daughter ......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ..Category: Property Law | Date: | Hits: 31
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....then Scientist in charge in the Council, a charge‑sheet dated 12th June, 1982 was served upon him alleging that he was not regular in his attendance, that while working in the Council he was holding a full time job in the National Laboratories Ltd., Abhoy Das Lane, Dhaka‑2 and receiv......g a full time job in the National Laboratories Ltd., Abhoy Das Lane, Dhaka‑2 and receiving financial benefits from there and that his acts constituted gross misconduct under Rule 2(c) of the Government Servants (Discipline and Appeal) Rules, 1976. In his reply dated 19th June, 1982, to the ..Category: Employment/Service Law | Date: | Hits: 125
State Vs. Shafique and others, 1991, 20 CLC (AD)
....d in this case and that deceased used to do all misdeeds and had several enemies and he might have been killed by them. The defence also examined 4 witnesses to dislodge the evidence regarding the holding of the salish and the threat given by some of the accused persons. 6. The learned A......m his shop by the accused persons at about 8‑00 PM. In the morning they came to know that the dead body of deceased Dudu was lying in the deserted bhiti of Adhar Nath in the village and going over there they found the dead body of Dudu with throat cut. PW 1 further stated that deceased Dud..Category: Criminal Law | Date: | Hits: 49
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....nt and one Md. Abdul Khaleque Bain upon which cognizance was taken. 4. From the facts as disclosed in the FIR and the charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 katha......d Abdul Khaleque Bain (co‑accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... held to have been satisfactorily proved by my learned brother ATM Afzal, J. The prosecution story need not travel beyond Tekerhat and beyond 4‑00/4‑30 PM of 4.1.79. 41. My first reason for holding so is that Khairul Alam's dead body was recovered not from a far-away place, but from on......hasru took away his son Khairul Alam from his house. Khairul Alam was wearing a half shirt (Ext. 1). Sponge sandal (Ext. 11) and a hall pant which was not found when the dead body was subsequently recovered. PW 8 Baten, a student of Class VIII, saw Khasru and Khairul Alam on that day going towards t..Category: Criminal Law | Date: | Hits: 38
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
.... him a further sum of Tk. 12,000.00 but later on the accused petitioner completely denied having received any money from the complainant. The accused-petitioner thus cheated the complainant on holding out a false promise of securing a job for him and misappropriated Tk. 50,000.00 on in......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....ions under Article 3 of PO 12 of 1972 defendant Nos. 2 and 3 did not deny the sale but they asserted that they had their ancestral homestead in the suit lands and they were co‑sharers of the holding and the suits were decreed on compromise in their absence. The case made out by defendant N......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)
....llowing the procedure as laid down in clause 12 of the deed of settlement had cancelled the same which it could no do. The High Court Division, however, refused to interfere with the impugned order holding that the deed of settlement was itself unauthorised because the ADC (Rev.) had not taken p...... (Writ) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Muzaffar Ali and other..................................................Appellants Vs. Government of Bangladesh and another........................Respondent Judgment F..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....materially different from Pattan. Prof. Wilson in his Glossary of Judicial and Revenue Terms (1940) defines "Howala" thus, "A description of tenure in Eastern Bengal, an intermediate holding of a part of an estate, or of a farm under a Zamindar or Talukdar, to whom a stipulated po......nch in First Appeal No. 358 of 1968). Judgment: Mustafa Kamal J.- The defendant-Government-appellant contends in this appeal by special leave that the suit which was decreed b..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
....s case four prosecution witnesses were examined and the remaining witnesses named in the charge‑sheet were not examined by the prosecution. The learned Sessions Judge acquitted the opposite parties holding that the prosecution failed to prove the case against the accused persons. On appeal the lea...... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....he appellants contested the prayer for temporary injunction by filing a written objection. 4. The learned Assistant Judge by order dated 19-1-88 rejected the prayer for temporary injunction holding, inter alia, that tile plaintiffs miserably failed to establish a prima facie case. On app......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
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....to the guilt of [lie respondent, in the absence of some other incriminating conduct of the respondent, is not sufficient to convict the respondent and as such the High Court Division was correct in holding that the case lacks in legal evidence warranting a conviction under section 302 of the Pen......y drawn to the evidence of other material witnesses like PWs 1, 2, 5, 6 and 11. 10. The High Court Division's finding that the case against the respondent is one of no evidence may appear to be an over generalized statement, but basically it is a correct finding, because the incriminating circums..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....ontention and dismissed the suit; but the appellate court, namely the Subordinate Judge, Dhaka accepted his contention, allowed the appeal and on reversing the trial Court's decision decreed the suit holding that the order of transfer was invalid as th Corporation got no jurisdiction, power or autho......tion) Order, 1972—P.O. 27 of 1972. A learned Single Judge of the High Court Division, by an order dated 1 April 1986 in Civil Revision No. 106 of 1985, has answered the question in the negative over turning the trial Court's decision given in Title Suit No. 391 of 1983 of the Sixth Court of Mu..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....t be lightly interfered with and that before a court interferes with an order of acquittal the finding of fact by the trial court must be obviously and grossly perverse. It is true that another court holding a trial may have taken another view of the facts and evidence on record. This court in exerc......gainst 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 bearing on the order of acquittal and thing..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....mity. 7. The learned Additional Sessions Judge,5thCourt, Mymensingh, by judgment and order dated 15.8.81, acquitted all the accused of the charge under section 302/34 Penal Code because the Doctor holding the Post Mortem examination could not be examined and it was considered unsafe to convict th......hab were members. The latter is an agnatic cousin of the deceased Firoze Shah Fakir. Fakir was also a 'Khadem' of the said Dargah. Admittedly there was a long standing enmity between Fakir and Sorhab over the Mazar and other properties and there were various cases between them. 3. Prosecution cas..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....he High Court Division for a trial of the two cases by the same court. It appears from the appellants' own statement that a petition was filed before the Sessions Judge, Munshiganj on 12.1187 for holding trial of the two cases simultaneously on the ground 9f their being a case and a counter-case...... 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 the two trials the purp..Category: Criminal Law | Date: | Hits: 48
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....High Court Division the petitioner simultaneously filed a civil suit, T.S. No. 21 of 1988, in the Court of Subordinate Judge, Munshiganj, seeking the same remedies including an Injunction against the holding of fresh election as directed by the Election Commission but kept this matter suppressed b......ection-officer for ensuring that an election is conducted honestly, justly and fairly. This rule does not require the Election Commission to hear any contesting party before passing an order. Moreover, to determine disputed questions of fact a different forum has been created by law. We do not f..Category: Election Law | Date: | Hits: 126
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
....formerly C.S. Khatian No.19. Bhagaban Chandra sold his remaining interest, that is '25 acre, to respondent No.1 and his brother on 23rd August 1969 and thus the respondent became a co-sharer in the holding in question and as a co-sharer and an owner of contiguous lands he was entitled to pre-emp...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, 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
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