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M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default 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) 109 ...... Appellate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J A. T. M. Masud J M/s. A. Haque and Co. & another..........Appellant Vs. Al-Haj Zakir Hossain...............................Respondent Judgment January 18, 1984. The Premises Rent C...... with, in the case mentioned in clause (b) of sub-section(I) of that section, the cost of transmission referred to in that clause within the time specified in that section". 8. From the evidence it appears that the defendant-appellants have on various occasions paid rents for at a time..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......y evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......g reliable and also considering other facts and circumstances the learned Judges of the High Court Division having acquired the accused it cannot be said that their finding is perverse or against any evidence judtifying interference………………………(5 & 6) Lawyers Involved: B. Hossain..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......f the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......eirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 The documents being lawfully admitted into evidence on behalf of the appellants but could not be considered for want of oral evidence as held b..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......er as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......rther, whether any subsequent acceptance of rent has constituted waiver is a question of fact. The plea of waiver has, therefore, to be taken at the earliest opportunity, that is, in the pleading and evidence must be given at the trial to establish waiver. 10. Plaintiff-respondent's Counsel, cit..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ....... There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......on correspondence made between the parties in the disputed matter and other relevant papers should be taken into consideration even though those papers were submitted before the trial court after the evidence was closed and those papers thus not taken into evidence. The case is therefore sent back o..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....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. ......ability 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. ......te the occurrence but only challenged the place and manner of the said occurrence. The defence suggestion was, however, denied. 4. The learned Additional Sessions Judge upon a consideration of the evidence convicted all the four accused including the appellant under section 302/34 Penal Code and ..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......smissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......ng of the Court of Appeal below cannot be construed as a making of a new case. The question of limitation is a mixed question of fact and law. In this case Court of Appeal below after considering the evidence both oral and documentary came to the above finding………………………(10-12) Ca..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149....... as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......ocument of the defendant was registered by the vendor. Hence it is the defendant's document that will prevail on the plaintiff’s document and the defendant is in possession which was established on evidence. A document that has been registered relates back to the date of its execution and when the..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ...... Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ...... as to the commission of an offence may be delayed. Delay raises doubt about the truth of the allegation; but it is for the prosecution to prove their case beyond reasonable doubt by adducing all the evidences at their disposal: whether such evidence can be relied upon is a matter which will be cons..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......t be considered along with the comparative statement (Annexure 'D') which contains appellant's signature and quotation at Tk.2.35 crores and this is a matter which can be decided during trial only on evidence, and as such, we refrain from making any observation thereon. In view of this position Mr. ..
Category: Business or Commercial Law | Date: | Hits: 95
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......cquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ...... and his companions having gone back home peacefully from the clutches of their tormentors and then coming back to the witness box to depose at length as to how they had hoodwinked their enemies. The evidence has confirmed the suspicion in the prosecution case. The broad facts of the case should hav..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......rder as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ...... of the Bainapatra and therefore the suit was not time-barred. The High Court Division repelled the contention as to the nature of the property whether it was stridhan or not inasmuch as there was no evidence as to when Hemnalini acquired the property. The learned Judges considered that prime questi..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ...... the Code was not attracted. 7. In the Institution of Engineers V. Bishu Pada AIR 1978 Cal. 296 it was held that under Order 39, rule 7 no commissioner can be issued for the purpose of fishing out evidence for a party to the suit. 8. Let us now turn to some other decisions. 9. In Amjad Ali ..Category: Civil Law | Date: | Hits: 94
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......0 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ....... The respondents and two others were put on trial on a charge of murder committed by them in furtherance of their common intention. They pleaded not guilty to the charge. But on consideration of the evidence of a great number of witnesses including the expert evidence of a doctor, the Sessions Judg..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1....... There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1...... 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this case signifies the right of getting rent on or before 15th of the following..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......cordingly, dismissed without any order as to cost. Ed. ......by the Election Tribunal, Chakaria on 23.12.85. 6. As to the allegation of illegality/ irregularity in the conduct of the election the Tribunal found that they were not proved by proper evidence and the issue was answered in the negative. On the basis of recounting of ballots at the T..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... set aside and those of the first appellate court restored. Ed. ......in the suit land who taking advantage of the wrong record during S. A. operation filed this suit with a view to grab the suit property. 4. The learned Munsif upon a consideration of the evidence found that Radha Prasanna Biswas got the suit land by settlement from Nabin Chandra M..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......alleged deed of gift Ext.1, inasmuch as, "the alleged executants made contradictory statements in respect of their very possession" and further the plaintiff failed to produce "vital and harmonious evidence with regard to the circumstances of the preparation of the gift deed.” Next it was cons..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......to cost. The application for substitution is rejected. Ed. ......to the genuineness of the disputed agreement to sell. 8. The plaintiff-respondent contends as the appellate Court's decision was based on suppositions without a correct construction of the evidence on record the High Court Division correctly interfered in the matter. In support of his co..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......age where it was left. There will be no order as to costs. Ed. ...... accordingly rejected it with a direction that the original suit be proceeded with. The learned Munsif found that in the so-called solenama nothing was mentioned about any consideration but in the evidence the defendants took the stand that they paid Tk. 5,000/- as consideration of the compromis..Category: Property Law | Date: | Hits: 32
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