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Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......de without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120....... Result: The appeal is allowed. The Local Government (Upazila Parishad and Upazila Administration Re-Organisation) Ordinance, 1982 (Ordinance No. 59 of 1982) Section 6(2)(f) Considering the evidence that has been adduced in this case it is found that the respondent was a party to a contrac..Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......ppeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......rement. 7. On behalf of the appellant it is contended that the issue as to bona fide requirement of the plaintiff having been decided by the trial Court in his favour upon consideration of the evidence on record, and the Court of appeal below, having noticed such finding, did not disapprove o..Category: Property Law | Date: | Hits: 64
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ...... aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ...... him which will be washed away by allowing the amendment. Then again as a rule the Court refuses an amendment if the amendment introduces a totally new and inconsistent case which may require further evidence to be adduced by the opponent. As noticed, the appellant claimed pre-emption either as a co..Category: Procedural Law | Date: | Hits: 84
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ...... the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the order into evidence simply a statement in the charge sheet that some sort of sanction was received it can not b..Category: Anti-Corruption Laws | Date: | Hits: 125
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......rsonal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ...... Judgment November 26, 1989. Result: The appeal is allowed. The Emergency Requisition of Property Act (XIII of 1948) Sections 3, 4, 5, 5A, 5(1a)(3), 7 & 14(A) There was neither any evidence that public notice was not served nor the decree in T.S. 36/68 could be construed to mean a..Category: Property Law | Date: | Hits: 38
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......d the only relief of mandatory injunction was sought against defendant No. 1 and no relief had been prayed for as against the Deputy Commissioner pro forma defendant. 4. The learned Judge found no evidence to show that the suit premises was ever handed over to the Law Department or that it vested..Category: Property Law | Date: | Hits: 30
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....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.......ssed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74....... ought not to have been interfered with. 5. The learned Judge of the High Court Division observed in his judgment that the Assistant Judge was required to come to a finding with reference to the evidence on record that there was no service of summons upon the defendant or there was sufficient..Category: Procedural Law | Date: | Hits: 88
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ...... of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..............Defendant Respondent Judgment April 16, 1989. The Code of Civil Procedure, 1908 (v of 1908), Order XXXIX, rule 7 Local Inspection The matter of possession can be determined on evidence before the court but not on local inspection. "Local inspection' connotes only visual perce..Category: Procedural Law | Date: | Hits: 94
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......e practical field it is difficult to conceive that a plaintiff would wait indefinitely on account of the absence of the defendant to allow his claim to become stale or to allow disappearance of all evidence by lapse of time. In the view of section 13 which we take, it is clear that the instant sui..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......on 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 proceeding is liable to be quashed if the fac..Category: Criminal Law | Date: | Hits: 39
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......sed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ...... took lease from the Government and the Government collected the price of borga crops of the suit land ever since they were inducted into possession of the suit land. The trial Court considered the evidence and noted the admission of the plaintiffs that the defendants were in possession of the s..Category: Property Law | Date: | Hits: 35
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ...... State………………........…...Petitioner Vs Arman Ali and others..................Respondents Judgment June 11, 1987. Result: The petition is dismissed. Circumstantial evidence If the witnesses examined to prove the circumstances are found to be unreliable or their..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....ned relationship over land between the accused and the deceased", without however giving any particulars of the disputes. But when he did not say so in his deposition his statement in the ejahar is inadmissible in evidence. The learned Judges erroneously referred to that statement in the ejahar to......ismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......re attributable to the trial court judgment and the order of acquittal was liable to be interfered with………………(41) The Evidence Act, 1872 (I of 1872), section 8 Where there is direct evidence for implicating an accused in an offence absence of proof of motive is not material. In the..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....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 ......ed 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 ......und that the order of sanction along with letter from the Government was lying with the charge-sheet submitted by the Anti-Corruption. The learned Counsel, Mr. Fazlul Karim, contends that there is no evidence anywhere that any such order of sanction was received at the Court or proved by the evidenc..Category: Criminal Law | Date: | Hits: 41
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....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 ......nder 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 ......gistrate, First Class, Thakurgaon on the aforesaid facts for an offence under section 379 Penal Code. 3. The accused pleaded not guilty. The learned Magistrate, however, upon considering the evidence on record, convicted, by his order dated 7.6.76, the appellant of the said charge and sen..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....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 ......ellate 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 ......n the alternative with having committed some one of the said offences." "237. (1) If, in the case mentioned in section 236, the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the pr..Category: Criminal Law | Date: | Hits: 44
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......osts. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......e already held while rejecting C.P.S.L.A No. 21 of 1988 (quoted in the affidavit-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 Art..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....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. ...... 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. ...... The Penal Code, 1860 (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 e..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....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. ......missed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......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. ..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....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. ......ld 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. ......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 the complicity of the 4 accused persons against whom case has be..Category: Criminal Law | Date: | Hits: 43
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