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Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....98 (V of 1898), sections 436, 439 and 439A That the police have submitted charge-sheet cannot be a ground for dismissing the complaint. The Magistrate The Magistrate should have considered whether any process should have been issued in view of the evidence of the witnesses examined keeping in min......The Magistrate The Magistrate should have considered whether any process should have been issued in view of the evidence of the witnesses examined keeping in mind that he is not holding trial at this stage. When the complaint was dismissed in this case on an erroneous view of law, the only course fo......e order for enquiry, and the learned Sessions Judge directed the Magistrate to follow the provisions of section 205-D of the Code. The complainant thereafter filed an application to withdraw from the proceeding and ultimately the Magistrate by an order dated 10 April 1981 dismissed the complaint for..Category: Criminal Law | Date: | Hits: 75
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....s in accord with the intension of the Legislature". Section 195 (1)(c) purposely puts 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 ...... whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage adjourn the hearing of the case until such appeal is decided." 5. As appears clearly, ......n 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 before it. In the instant case, the Baina..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....came into force. So limitation as to land holding as provided in the State AcquisiÂtion and Tenancy Act is also not attracted. The learned Advocate for the appellant, it seems, having failed to find any fault with the impugned judgment of the High Court Division has taken up this point as to bar in......ision of P.O. 98 of 1972 in the absence of any objection raised by the pre-emptee in that behalf. The point could, be raised by raising an issue of fact which the pre-emptee never did at the revision stage and upon general principle he is not permitted to raise any issue of fact for the first time b......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 the proceeding was to be decided under the Bengal Tenancy Act as the cause of action arose in the case b..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....alÂlowing their appeals. 5. Though leave was granted to consider the question of omission of the names in the F.I.R. and subsequent mentioning of the names by P.W.2 Mominul Huq whether would have any effect but while hearing the appeal the entire evidence was scanned by this Court and a view has......itnesses have deposed that on the following day Mominul Huq had disclosed the names of the apÂpellants to them in the hospital. I shall examine the evidence of those witnesses presently. But at this stage it may be pointed out that neither Mominul Huq (P.W. 2) disclosed the names of any of the apÂ......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....s discretion to vacate the same, even if it is satisfied that the same should be vacated. Further, in view of the reasons given for vacating the order, this Division does not feel that there has been any arbitrary exercise of discretion. Thus the appeal is dismissed…………..(9 & 13) Lawyers R...... contradictory statements made by the petitioner and the respondent No.5 we are of the opinion that there is a disputed question of fact as to possession of the parties which we cannot decide at this stage. In this view of the matter the order of stay granted by this Court on 5.9.85 is vacated. I......d. Further, in view of the reasons given for vacating the order, we do not feel that there has been any arbitrary exercise of discretion. 10. It appears that an application for drawing up contempt proceeding for violation of the stay order dated 4th November 1985 granted by this Court in Civil pe..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
.... Corporation passed the impugned order, dated 4 April 1985, proÂvisionally removing him from service and asking him to show cause why the provisional removal should not be confirmed. He did not show any cause but filed the writ-petition under Article 102 of the Constitution challenging the order ta......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. ......gust 18, 1987. Result: Appeals No. 10 and 11 of 1987 are dismissed with observations. Appeal No. 12 of 1987 is alÂlowed. The Constitution of Bangladesh, 1972 (as amended) Article 102 The proceedings against the appellants were not drawn the Rules of 1984. As such the provision of discha..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
......Respondents Judgment July 24, 1985. Result: The appeal is allowed. The Attia Forest (Protection) Ordinance, 1982 (XXXIII of 1982), sections 3 and 4(2) The section did not provide anything about the suits already disposed of and even then if the appeal is pending against the suit......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......of and even then if the appeal is pending against the suit decreed, it cannot be held that the matter ended with passing of the decree in the disposed of suit as because appeal is continuation of the proceeding, unless finally determined. The plaintiff-respondents title to the suit land cannot be de..Category: Property Law | Date: | Hits: 63
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....ion 435 of 1985. 2. Leave was granted to consider the question whether the High Court Division was justified in reÂjecting the petition under Article 102 of the ConstiÂtution and thereby denying any remedy to the appelÂlant. 3. Facts arc as follows: The appellant was the first party in a pr......hers Vs. The Sessions Judge, Pirojpur (Criminal Appeal Nos. 48 and 49 of 1985) 38 DLR (AD) 246, this Court has explained the nature and scope of the proÂceeding under section 145 Cr.P.C. and at what stage revisional jurisdiction would be attracted. In the present case the learned Magistrate found t......was justified in reÂjecting the petition under Article 102 of the ConstiÂtution and thereby denying any remedy to the appelÂlant. 3. Facts arc as follows: The appellant was the first party in a proceeding under section 145 Cr.P.C. The respondents were second parties. The learned Magistrate was..Category: Constitutional Law | Date: | Hits: 174
.... the Government (it transpires the Home Minister himself) passed the impugned order on the basis of report and recommenÂdations. It has been stated that the Ministry of Home Affairs was not aware of any Martial law enquiry Committee or any report by such Committee.
7. The High Court Division by ...... report before the order was passed. "No one should be condemned unheard," is a settled principle of law which is embodied in the maxim audi alteram partem. the authorities in the present case at all stages failed to adopt the elementary and essential principles of fairness by proceeding against the......a settled principle of law which is embodied in the maxim audi alteram partem. the authorities in the present case at all stages failed to adopt the elementary and essential principles of fairness by proceeding against the appellant keeping, himself in complete darkness and then presenting him with ..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
................................Appellant. Vs. Md. Afzal & others..............................Respondents Judgment August 31, 1987. The Pourashava Ordinance, 1987 (XXVI of 1987) If any individual elected commissioner or the Chairman himself do come within the mischief of law then ......ot arise "when the Board never demanded what is called a personal hearÂing and never intimated to the Government that it would like to produce materials in support of its exÂplanation at some later stage". A view has been taken that there has been no violation of the principle of natural justice. ......thing done or intended to be done by or on behalf of a Paurashava is not in conformity with law, or is in any way against public interest, the Prescribed Authority may, by order- (a) quash the proceedings; (b) suspended the execution of any resoluÂtion passed or order made by the Pau..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....servation made above." 5. Leave was granted to consider whether the approach that was made by the High Court Division was correct in view of the nature of the suit and the contention that even if any area is lo be excluded that could be done in the final decree itself but that does not call for ...... a dwelling house in which other members of the transferor's family have a right to live. Once the partition decree is made in preliminary form the rest is for the Commissioner, but the Court at that stage is not concerned as to what direction should be given to the Commissioner for completing the p......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
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... clear evidence given by P.Ws. 9 and 11, it is difficult to infer that appellants 2-4 wanted that Nanda Lal should be killed and at their behest Amar struck Nanda Lal. This court have not come across anything particular in the evidence upon which it can be said that appellants 2-4 had any intention ...... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......is court have not come across anything particular in the evidence upon which it can be said that appellants 2-4 had any intention of their own to cause the death of Nanda Lal particularly when he was proceeding at their request to hold the mediation at that unearthly hour of the night. Offence under..Category: Criminal Law | Date: | Hits: 80
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....us we arc of the opinion that the aforesaid omission in the F.I.R. could not be a reason for disÂcarding the evidence of the witnesses on the point nor the same made the prosecution case doubtful in any manner. Grounds 2 and 3: 14. The High Court Division upon an elaboÂrate examination of th......ed under the law. 21. The appellant does not seem to be a hardened criminal. He confided to his mother about his crime on the very morning following the occurrence. It is in evidence that at every stage thereafter he did not try to hide his misdeed. In view of all this and in the view already tak......onment for life. In the result, therefore, the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ..Category: Criminal Law | Date: | Hits: 61
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....he facts, of this case. There is no hesitation in saying that the property cannot be termed as an abandoned property. Respondent’s property is not abandoned property because he has neither acquired any citizenship of Pakistan nor has ceased to manage his property and his temporary absence is not p...... he surrendered his Pakistani passport and applied for British passport on 28.2.72. This date is crucial because on that date P.O. 16 of 1972 was promulgated. We shall revert to this point at a later stage. To complete narration of facts, he obtained British Passport on 14.4.72 and the same is valid......ines personal rights of a party with regard to his majority or minority, his marriage, right of succession etc. 67. The respondent's assertions through a conÂstituted attorney made in the summary proceeding under Article 102 of the Constitution are no substiÂtute for the standard of proof usual..Category: Immigration and Citizenship Law | Date: | Hits: 214
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....nce, which is relevant for the purpose, is quoted below- "8. Special extension of time limit in certain cases. - Notwithstanding the time specified in section 339C of the said code trial of any case pending, on the commencement of this OrdiÂnance, before a Magistrate or a Sessions Judge......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......Ordinance No.XXXIII of 1983 which was intended to save such trials which could not be concluded within the time limit specified in section 339C. Thus the order of the High Court Division stopping all proceeding of trial and release of the accused holding the case to be not pending be set-aside……..Category: Criminal Law | Date: | Hits: 60
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....e sentence passed against him. 5. Leave was granted to consider whether the learned Judges of the High Court Division erred in convicting the appellant under section 302 Penal Code without making any distinction between murder and culpable homicide not amounting to murder. 6. We have now hear...... for culpable homicide not amounting to murder. This argument can hardly be considered by us now when evidently no endeavor was made on behalf of the appellant to plead the aforesaid Exception at any stage earlier. Section 105 of the Evidence Act casts a burden upon the accused to prove “the exist......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..Category: Criminal Law | Date: | Hits: 52
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....), Section 561A A proceeding is liable to be quashed when the allegation upon which it is based is, on the face of it, groundless or so preposterous that no man of ordinary prudence will take any notice of it. Mere delay in lodging a complaint is not a ground for quashing a proceeding, for t...... Court Division in their elaborate judgment considered all the recognized tests for quashing a criminal proceeding and found that no case was made out for quashing the proceeding at the interlocutory stage. The allegation made in the first information report disclosed the commission of criminal offe......€¦â€¦Appellants Vs. The State and others ..................................Respondents Judgment July 5th 1987. The Code of Criminal Procedure, 1898 (V OF 1898), Section 561A A proceeding is liable to be quashed when the allegation upon which it is based is, on the face of it,..Category: Criminal Law | Date: | Hits: 46
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
.... Save and except a view was taken that 44 decimals was de-requisitioned, nothing further was done and no enquiry was either held as contemplated by rule 10(2). Therefore, it cannot be said that any right had accrued to the appellant which should not be recalled. Earlier order of the Government......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......o work was done upon the requisitioned land. Respondent No. 2 gave an order on 20.2.85 to drop .44 decimals of land from the requisition. According to him in pursuance of such order the derequisition proceedings had been initiated and the appellant had been served with such notice on 28.3.85. The le..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....ther he is a worker or employer. Even if it is taken that he has supervisory function, still mere supervisory capacity will not bring him into the category of "employer". Respondent does not exercise any functions managerial or administrative in nature. He got no power to control or to supervise the...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......legation against the plaintiff-respondent was that while he was in charge of the Mills' Store, he, along with the Store Clerk, Yar Ahmed misappropriated 138 Ring Travellers from the Store. A criminal proceeding was instituted on this allegation against him and the co-accused Yar Ahmed. Yar Ahmed was..Category: Labour and Industrial Law | Date: | Hits: 122
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....ruque and another........... Respondents Judgment June 29, 1987. Result: The appeal is dismissed. (i) The Constitution of Bangladesh, 1972, Article 102 There is no room to entertain any doubt as to the maintainability of a writ petition by any citizen who questions the title to off....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......ourt Division dated 28 September 1986 declaring that the appellant, Chairman of a Upazilla Parishad, is disqualified both from being elected as and for holding office of, Chairman. This arises from a proceeding in the nature of quo-warranto instituted by a member of the public by filing Writ-Petit..Category: Election Law | Date: | Hits: 132
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