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Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....etition. 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 requisitioned in 1974 for the accommodation of Intelligence Branch Office and......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..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......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..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... 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. ......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..Category: Criminal Law | Date: | Hits: 39
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....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. ......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..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....cated above that tile High Court Division found that Halima Khatun was murdered in the house of her husband in tile manner as alleged by the prosecution. The place and time of occurrence are also not disputed by the defence. Thus, the time, place and manner of occurrence with regard to injuries have......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..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......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..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....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 ......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..Category: Criminal Law | Date: | Hits: 53
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 ......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..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....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......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..Category: Criminal Law | Date: | Hits: 48
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....y cogent evidence that he could not file the applications within time because of fraud or that his applications were within time from the date of his knowledge of such fraud. In the present cases the disputed sales took place on 20-5-58 and it has been found that the appellant came to know about the......ing the question of limitation. The applications being clearly time-barred, the courts were not obliged to consider the case on merit whether there were irregularities in conducting the sales and the holdings were sold at a low price. The appeal is dismissed…………………(9,11,12) Cases Ref..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....lated as it is devoid of any substance. It overlooks the comprehensive findings made by the learned Munsif in that behalf which have not been reversed even by the learned Subordinate Judge. It is not disputed that Surendra Nath inducted his son-in-law Tarapada Majumder in the suit land who raised st......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
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....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 find anything to int......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..Category: Election Law | Date: | Hits: 126
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
....n of the documents, by the appellate Court, not marked as exhibits. 7. The pre-emptor filed a registered kabala dated 13th February, 1956 (exhibit-1) which shows that he purchased a portion of the disputed plot from one Bhagaban Chandra Das. It was not disputed that the petitioner and his brother......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..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....’s allegation of fraud and collusion in holding the auction has not been substantiated. If the auction sale stands, the plaintiff-respondent can no longer claim any right, title and interest in the disputed land. Under such circumstance the government settled the land with the defendant-appellants......ection 36 The plaintiff-respondents did not seek any relief against the order of cancellation of the order of setting-aside the auction sale. The respondent’s allegation of fraud and collusion in holding the auction has not been substantiated. If the auction sale stands, the plaintiff-respondent..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....minal Appeal No. 61 of 1982 (Rangpur). 2. This arises from a complaint made before the Sub-Divisional Magistrate, Nowabganj, by the appellants. They alleged that they had taken settlement of the disputed land from the Government by paying necessary salami and went into possession and grew Aush ...... 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 ..Category: Criminal Law | Date: | Hits: 50
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....-debtor, Now it is found that he is in unauthorised possession of .4 decimals out of the plaintiffs' .13 decimals and it is this part of land under unauthorised possession of .4 decimals on which the disputed constructions were made. The construction is, therefore, not bonafide. In any case, to as......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obtained by him. 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) 251 ......d 19th August 1984 the learned District Judge rejected the prayer for temporary injunction and vacated the order of stay. In doing so he placed reliance on a decision reported in AIR 1955 All. 64 holding that temporary injunction cannot be granted against executing a decree passed in a suit unde..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......issing 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 mind that he is not holding trial at this stage. When the complaint was dismissed in this case on an erroneous view of l..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
....ng from illness voluntarily surrendered within seven days on 27.4.87. These facts are borne out by the order sheet of the trial court and sworn statement made on behalf of the appellant. They are not disputed either by the State. Thus it appears that it was not correct to say that the appellant abse...... 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 ..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....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 ...... the case was lodged at the Thana eight miles away at 10.15 a.m. on the following morning and in that F.I.R. it was clearly stated that the appellants fired upon Safi-luddin with guns which they were holding. The informant got knowledge of the occurrence from his mother and sister and if he could ..Category: Criminal Law | Date: | Hits: 32
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