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Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......ed ex parte in favour of the respondent on 29.9.88 and the award was made a Rule of the Court. Another ex parte order was passed by the Court on 10.11.88 directing the appellants to pay the awarded amount to the Contractor by 30.11.88. By order dated 19.11.88 the learned Subordinate Judge, lst co......ng applied his mind to the facts of the case the Superintending Engineer came to a clear decision that the amount determined by him has to be paid to the Contractor, He was aware that there was no money sanctioned for road development in the current financial year. The Airport Road has since be..Category: Others | Date: | Hits: 88
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... ought to have been considered whether in the admitted facts of the case and having regard to the provision of law under PO 16 of 1972 as quoted above it could be said that the act of the accused amounted to creation of a false document within the meaning and definition of forgery under the Pen...... on 2.1.85 through Newspapers. One Syed Altaf Hossain became the highest bidder for the disputed property offering Tk. 84, 00,000.00. He made a down payment of Tk. 11, 80,000/- being 15% of the bid money in favour of the Executive Engineer (Maintenance) PWD, but the Ministry of Public Works coul..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....y drawn against respondent. Khasru. Mr. Malek's argument is the basis of a guess or hypothesis which is very remote in this case. In all human and natural probability the circumstances taken as a whole, lead to 1hc. only conclusion that accused Khasru alone had committed the murder. Mr. Malek...... 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. ......ns 302/109 Penal Code to which they pleaded not guilty. 15. The defence taken was that the deceased was a bad boy and he used to mix with other bad boys. He used to go out from his house taking money. The respondents were not in any way connected with Khairul's murder but they were falsely..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....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. ......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. ......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
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......ecure for him a highly-paid job in Abu Dhabi. In February 1990 the complainant paid 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 f..Category: Criminal Law | Date: | Hits: 34
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....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. ......neness, give effect to the exchange by execution of necessary deed of transfer in favour of the refugee/expellee concerned on behalf of the migrant. It provided that in either case no consideration money other than annual land revenue should be charged for such transfer or settlement. A power of..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
.... land upon favorable terms as to rent to someone who undertook to bring it under cultivation. The grantee reclaimed portions and sublet portions to smaller reclaiming tenants, or perhaps sublet the whole, if he could find tenants to reclaim it." (Field's "Land Holding and relation of L...... such suit been brought. The sale took place on 18.5.50 and was confirmed on 4.7.50. A patni sale does not need confirmation. It becomes final and conclusive on payment by the purchaser of the full amount of the purchase money. Hence the suit should have been filed within one year from 19.5.50. ...... The sale took place on 18.5.50 and was confirmed on 4.7.50. A patni sale does not need confirmation. It becomes final and conclusive on payment by the purchaser of the full amount of the purchase money. Hence the suit should have been filed within one year from 19.5.50. The suit having been fil..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......hink that due and proper importance was attached to the public documents Exts. B and C which were fairly ancient and thus had sanctity of their own. It cannot be denied however, that there was some amount of laches, either by default or by design, on the part of the defendants in that they ought...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....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 ......ase of Kishan Singh vs. The Emperor, 55 1.A.390 that when a person is tried for the offence of murder under section 302 Penal Code and is convicted under a lesser section (in that case it was 304) it amounts to an acquittal on the charge of murder. In the present case, however, there was an express ......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
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......peal which was admitted for hearing by the High Court Division. He prayed for bail pending disposal of the appeal; the learned Judges granted him bail on the condition that he should pay the entire amount of the fine in four installments within the time specified in the order of bail and warned th......al of his case. We find that such a condition for the bail is quite reasonable and can be complied with by the person seeking bail without any difficulty; but payment of fine involving huge amount of money, as in this case, may not be possible and the purpose of granting bail may be defeated if pa..Category: Criminal Law | Date: | Hits: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......upon which the question of limitation depends. It is difficult to follow his argument, because the merit of the case could not be considered before deciding the question of limitation as that would amount to putting the cart before the horse. Mr. Chowdhury in course of his submission has stress......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......ng the respondents getting eviction of the appellants on ground of default and necessity, is confirmed. The contention of non-service of notice under section 106, T.P. ACT is beyond the pleadings and amount to making out a new case…………………(12) Cases Referred to- Kumar Narendra Nath......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..Category: Tenancy Law | Date: | Hits: 106
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......ed the disputed fishery. It was further claimed that after the expiry of the lease on 30th Chaitra 1391 B.S. appellant Society had no possession of the fishery and its claim to have invested an amount of Tk.1,00,000/-for the preservation and maintenances of the fishery after it had received ......ut the conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the appellants during hearing of the matter before the Minister in spite of cle..Category: Property Law | Date: | Hits: 34
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....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 ......11 years after the delivery of possession was made in the aforesaid certificate case. The plaintiff-respondents filed objection in Miscellaneous Case No. XII-37 of 1973-74 and deposited the aforesaid amount upon which the Circle Officer (Revenue) set aside the auction sale. In the meantime, however,......etitioners cannot get any benefit of restoration of holding. Hence ordered that the order dated 20.2.74 be cancelled. The petitioners may take shelter in the competent court if they desire. The money deposited by them may be refunded on proper prayer. Inform the party concern and the TDR, ..Category: Property Law | Date: | Hits: 35
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 ...... 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 ......e was filed. The Assistant Sessions Judge, however, did not grant time and pronounced the judgment and directed the appellant's lawyer surety to show cause within seven days as to why his bail bond money shall not be forfeited. The appellant after recovering from illness voluntarily surrendered wi..Category: Criminal Law | Date: | Hits: 56
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....f Efaz which resulted in his death had created panic in the mind of the ordinary public of the locality. The trial Court considered that it was a special circumstance of the case as the people as a whole were panicky and they had to be careful before deposing against the Chairman and that is why......t appears to us that concurrent finding was clearly based upon a misconception of the facts or was so patently impossible or was so clearly opposed to physical laws that to leave it unaltered would amount to perpetuating an injustice. In such circumstances this Court ought not to have any hesita......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)
....ing Rules. The learned Counsel has argued that even now the existing Rules may be looked into by this Court as the appeals arising out of those Petitions are pending. When an appeal is pending, the whole matter is reopened for fresh hearing and as such this Court should take into consideration t......f the new Rules, that is, 20.7.84. But charged, for the impugned orders were passed several months after 20.7.84. The learned Judges did not accept this interpretation and observed that "this would amount to rule making" on the part of the court. The learned Judges further observed: "We cannot ......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..Category: Employment/Service Law | Date: | Hits: 112
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... 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 ......quisition of Property Act, 1948 in favour of the plaintiff to whom delivery of possession was made in terms of a bilateral agreement between the Government and plaintiff. Government received the full amount of compensation paid to the owner with capitalised value from the plaintiff. Since then pla...... 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
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....says, "there shall be constituted a Paurashava for every municipality." It shall be a body corporate having perpetual succession and common seal with power subject to the rule which can acquire the whole property and can sue and be sued by its name. Section 6 says about the composition of Pauras...... through the elected commissioners and the Chairman is also an elected commissioner under section 6(4). On facts, ground was not laid for the exercise of power under section 135 and such exercise tantamount to colourable exercise of power. The High Court Division has correctly declared the impugned ....... In paragraph (c) it is stated that certain unauthorised works were done by the Chairman and "these works were distributed whimsically through his party men and thereby he misappropriated public money." It is mentioned in paragraph (F) that a criminal case against respondent No. 1 is pending...Category: Election Law | Date: | Hits: 118
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... 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. ...... 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. ...... a different place and time and at the hands of others and the accused were falsely implicated. It was further suggested that Nanda Lai was a dealer in illegal Hundi Business, used to take huge money from others for illegal transfer and on one such occasion he was murdered by his own men, ..Category: Criminal Law | Date: | Hits: 80
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