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Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....nd protest in the locality. 5. The plaintiffs pray for ad interim injunction restraining the defendants from proceeding with the construction and stated "if the defendants are allowed to construct any market it will spoil the residential atmosphere of the locality, academic atmosphere of the scho......implies affirmative action the decisions are not "one shot" determinations but have on going implications. Remedy is both imposed, negotiated or quasi-negotiated. Therefore, what corresponds to the stage of final disposal in an ordinary litigation is only a stage in the proceedings. There is no ......rces Ltd. for construction of a Super Market in the suit property belonging to the school as illegal and void. The suit was under Order 1, rule 8 of the Code of Civil Procedure. The Court allowed the proceeding to continue as such by its order dated 1.6.88. 3. This School was established at the i..Category: Civil Law | Date: | Hits: 130
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....udgment April 30, 1989. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 151 & Order IX, rule 13 The learned assistant judge has not come to any finding as to service of summons upon the appellants to ascertain due service. So there is no ne......the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......spondent contested the miscellaneous case asserting that the summons was duly served upon all the heirs of Danis Ali Molla including the appellant and that the appellant had full knowledge of the proceeding but even then he did not come to contest the suit. The learned Assistant Judge by order d..Category: Procedural Law | Date: | Hits: 88
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....irement was directed by the Central Government and the Commissioner of Income Tax communicated the same to the plaintiff-respondent as such the order of compulsory retirement was not tainted with any illegality. Mr. Abdul Wadud Bhuiyan, the learned Additional Attorney General, pointed out that t......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......come Tax Officer, Central Salaries, Circle II, Dacca to retire with immediate effect from service on charges of having reputation of being corrupt. 2. In the event of his conviction in the legal proceedings, if any, to be instituted hereafter the liability for payment of pension or proportion..Category: Employment/Service Law | Date: | Hits: 80
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....tablished by evidence by the accused who takes the plea. A criminal proceeding is liable to be quashed if the facts alleged in the FIR or in the complaint petition, even if admitted do not constitute any offence or the proceeding is barred by any law. Where disputed facts are involved evidence will ...... the suit land which belongs to the School. The learned Judges after hearing the parties took the view that the disputed questions of fact involved in the case cannot be gone into by them at this stage and that on mere plea of right of private defence "the criminal proceeding which has been set ......of Criminal Procedure, 1898 (V of 1898), section 561A The Penal Code, 1860 (XLV of 1860), sections 436 & 148 Mere plea of right of private defence cannot be a ground for quashing a criminal proceeding. Such plea is to be established by evidence by the accused who takes the plea. A criminal..Category: Criminal Law | Date: | Hits: 39
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
.... plaintiff’s share out of S.A. plot No. 1162 will be done by the advocate commissioner before final decree having regard to all the principles of partition and the defendants can take objection, if any, before the decree is made final…………….(13) Lawyers Involved: S.R.Pal, Senior Ad......74 and 15.2.74. Let us see, briefly, how the plaintiff has stated his case in the plaint with reference to the records of right—C.S. and S.A—and whether defendants have raised an objection at any stage with regard to the correctness of the S. A. record on the basis of which the suit has been ins......d area and when S.A. operation began, the land been correctly recorded in the name of defendants 1-3 in S. A. Khatian No .174, Plot No. 1162 and the same record had been confirmed in all subsequent proceedings. 10. Plaintiffs further case is that defendant No. 2 while in ejmali possession of th..Category: Property Law | Date: | Hits: 32
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....offenders, the further question arises as to whether they can be relied upon for convicting the accused without corroboration. The presence of witnesses at the place of occurrence does not seem to be anything unusual. The evidence of an eye-witness cannot be disbelieved on the ground of omission of ......ablished or not and whether he leads evidence or not, the cardinal principle of criminal justice that the accused shall be presumed to be innocent until his guilt is proved shall be followed at all stages of the trial. 17. Case of the appellants has been clearly made out, a case which is not fo......the circumstances corroborating the eye-witnesses may be such as (1) that the number of culprits mentioned was such as would be required for an attack of the kind which is the subject matter of the proceeding (2) that the persons named as culprits were such as would be expected to join in the atta..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....abuddin Ahmed J.-In this appeal by special leave the only question for consideration is whether the appellant's trial by the Divisional Special Judge, Rajshahi, was vitiated in the alleged absence of any sanction by the Government under section 6 of the Criminal Law Amendment Act, 1958. 2. The ap......ted in the order sheet or in the judgement. No objection has been raised on this issue during trial or afterwards before hearing before this court. Under the circumstance such objection in so belated stage is not sustainable and the conviction is upheld. Lawyers Involved: Md. Fazlul Karim, Seni......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....ney having been recovered from him shortly after. Leave was granted to consider the question, which appears to be of first impression, whether the facts constitute an offence of theft, and if not, or any other offence. 2. Facts of the case, briefly, are that on 27.1.75 the appellant, a teacher of......f theft as defined in the Penal Code but we have no manner of doubt that they definitely constitute another offence, that of dishonest misappropriation under the said Code. It may be useful at this stage to refer to the last illustration to section 378 which defines 'theft' and the first illustrat......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
.... an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been mad......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......cution case, namely Sessions Case No. 117 of 1983, which arose from a First Information Report lodged by the complainant P.W. 2, is that while he and P.W. 3, both of them being yarn merchants, were proceeding towards Narayanganj for the purchase of yarn they were waylaid in the village Fulki by th..Category: Criminal Law | Date: | Hits: 44
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
.... same will not render the whole proceeding of the suit including passing of a decree a nullity even if it is found that such non compliance has not …..tually prejudiced the defence of the minors in any way. It is clear that the order of remand would serve no purpose except to allow undergoing a fo...... Procedure, 1908 (V of 1908), Order XXXII, rule 3 Though in the suit no court guardian was appointed on behalf of the minor proforma defendants against whom no relief was claimed, at the appellate stage court guardian on their behalf was appointed, and the court guardian submitted a report after ......the appeal and though appointment of court guardian for the minor defendants under Order XXXII, rule 3 of the Code of Civil Procedure is mandatory non-compliance of the same will not render the whole proceeding of the suit including passing of a decree a nullity even if it is found that such non com..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... 102 The election of a candidate could not be challenged under Article 102 of the Constitution but when the candidate after being elected assumes the office of chairman or other public office then any person can invoke the provision of sub-article 2 (b)(ii) of Article 102 requiring him to show un......nexed a document lo the leave petition (annexure "Y") containing procedure for renewal of working capital loan. To make the matter complete and up-lo-dale as lo me said loan, it may be slated at this stage that the appellant in his additional paper book dated 5.3.89 has given two documents issued by......-in-opposition) that" such questions as to disqualification, etc. which are questions of fact are better settled upon evidence which can be done more appropriately before a Tribunal. In the summary proceeding under Article 102 it is not desirable and, more often than not, not possible to record a ..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....XLV of 1860), sections 302/34, 323 and 324 The facts of this case do not permit an inference that the appellants shared a common intention to commit the murder. There is no evidence that there was any common intention of the appellants to murder the deceased. There is no evidence of either prior ......strained by an order of temporary injunction which was in force when the occurrence took place. Though P.W.1, wife of the deceased, pleaded ignorance about the Civil Court's decree, she at the last stage, accepted the suggestion that an order of injunction was passed against her husband in O.S. ......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....Act. They claimed pre-emption of a land transferred by a kabala dated 18 November 1975, by their co-sharer, Opposite Party No. 4 in the said case to these appellants, strangers, without giving them any notice. The trial Court by an order dated 22 February 1980 allowed the pre-emption case; but on ......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......finally upheld by the High Court Division in revision, is sustainable in law in view of the fact that a co-sharer in one of the plots of the holding transferred was not impleaded in the pre-emption proceeding. 2. This arises from Miscellaneous Case No.29 of 1976 of the Second Court of Munsif, N..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....order dated 28-9-73. Against this order of the Magistrate the appellant moved the Sessions Judge, who set aside the order of the Magistrate and sent the case back for further enquiry before passing any final order upon the application a fresh application made on 28-2-74 by the Court Sub-Inspector ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......ssion. 8. Before parting with this appeal it is observed that the learned Judges of the High Court Division before concluding has made the following uncalled for observation: “If during the proceeding of the trial against the rest of the accused persons evidence does forthcome involving ..Category: Criminal Law | Date: | Hits: 43
....rts below have consistently turned down the contention of the defendants.
3. Turning to the leave order we find that it is now well settled that the amendment of the pleadings could be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between......below have consistently turned down the contention of the defendants.
3. Turning to the leave order we find that it is now well settled that the amendment of the pleadings could be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between the......nsistently turned down the contention of the defendants.
3. Turning to the leave order we find that it is now well settled that the amendment of the pleadings could be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between the parties, b..
Category: Property Law | Date: | Hits: 36
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....ighterage vessel was not liable to be attached before judgment, as Appellant No.1 was not its owner and if was being utilized by the Appellants on the basis of an arrangement with another foreign company the owner of the vessel, for the purpose of carrying the cargo from the outer anchorage to the......n comes first and that should be dealt with presently and first two questions will be considered thereafter. The provision of Order 38, rule 5 of the Code may be set out: “5.(1) where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent ......d in favour of the plaintiff on the basis of such agreement on grounds other than those mentioned in Order 38, rule 5 of the Code; the plaintiff is to take step for necessary relief in an appropriate proceeding but it is not entitled to any relief on an application as framed under Order 38, rule 5..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....6 in the name of his wife Sakhina Khatun executed by his brother, Abdus Samad Shaikh. The appellant remained in peaceful possession since 21.4.51 and neither Delwar Hossain nor Sakhina nor Rokeya nor anybody else had possessed the same. So the appellant is a co-sharer tenant in the holding recorded ......ernment. Preparation of record of rights was started under the provisions of the East Bengal State Acquisition and Tenancy Act, 1950 and the aforesaid two plots had been recorded in the preliminary stage in the name of Sultan Shaikh, son of late Nayan Shaikh. The appellant filed objection for corr...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123...Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....ld have filed an application for amendment of the petition after registration of the kabala, no objection could be taken and the amended petition would have made it a competent one. We do not see any difference, in substance, when the document is produced before the Court and the Court acts upon...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......cy Act was filed. It is to be observed that the Kabala under pre-emption was duly exhibited in the Court and the trial Court found that the registration made on 11-8-72 during the pendency of the proceeding had cured the defect of pre-maturity. The Court of appeal below as well as the High Court..Category: Property Law | Date: | Hits: 34
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....hushi P.W.3 and Aleya P.W.4 and one Rahen Howlader P.W.6 came to the place of occurrence. The respondents tried to obstruct them from bringing the dead body out of water but they left the place when many other people came to the spot. The dead body of Rashid Khondker was taken to the house of P W.6.......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101....... the State. 2. Briefly stated, Abdur Rashid Khandker, a blind man being accompanied by his son Riton, P.W.7 was returning home from Habiganj ‘hat’ in the afternoon of January 11, 1973. He was proceeding by the bank of Habiganj river and was being followed by P.W.1, Aijuddin Matbar. When Ra..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....rity as among such tenant having regard to- (i) the total quantity of land in possession of each of the tenants applying; (ii) Whether the contiguous land of the tenant is homestead land or any other class of land; (iii) Extent of contiguity; (iv) To what extent it is necessary for......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......d have contiguity in respect of all the lands sold. It is clear from the fact that it has been made incumbent that all the contiguous holders of land should be impleaded as parties to the pre-emption proceeding so that every contiguous holder may get their legitimate share in the pre-emption. But su..Category: Property Law | Date: | Hits: 32
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