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Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....een the parties have been taking conflicting stands, an order for further enquiry will not be justified. Having taken into consideration all aspects of the matter, we think that, in the interest of justice, further enquiry should be made into the complaint which we find to have been improperly dis......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. ..Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
.... appellants by P.W. 5 Khandura Sk. who was found by the High Court Division to be an independent witness. 12. We are satisfied upon examining the evidence that there has been no miscarriage of justice on the grounds raised before us and thus the impugned order does not call for any interferen......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 ..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....76 is quoted below: "476. (1) When any Civil, Revenue or Criminal Court is, whether on application made to it in this behalf or otherwise, of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in section 195, sub-section (1......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 Bainapatra appears to have been forged by one ..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....functioning in the country at the apex of its judicial system. Hamoodur Rahman, CJ. considered that the Supreme Court has every right to examine the evidence in a criminal appeal in the interest of justice. In what circumstances it will do so is a matter "on which it is neither possible nor desira......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection 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)
....Syed Ishtiaq Ahmed, Counsel for the appel-quite vehemently deprecated the defiance shown by the respondents as just mentioned and submitted that their conduct amounted to obstruction of the course of justice and they were, therefore, guilty of gross contempt of Court. Since the appeal from this peti......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
.... Dr. Anant R. Deshpande, AIR 1973 SC 171, it has been held that the Court can take notice of subsequent events to shorten litigation, to preserve rights of both the parties and to serve the ends of justice. In the case of Amarjit Kaur v. Pritam Singh and others, AIR 1974 SC 2068, it has been obser......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. ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......he suit land vested in the Government as a result of Government Gazette Notification No. 1524 dated 21st December 1957 and that the forest department is in possession of the suit land. Further, the documents of plaintiff-respondents are fraudulent, they having no right, title and interest in the s..Category: Property Law | Date: | Hits: 63
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....s passed the impugned order on 25 April 1985 allowing the application for setting aside the ex-parte decree with an observation that in his opinion "summons was not duly served and that for ends of justice the defendant should be given a chance to contest the suit". This order was challenged in re......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......tion from the respondent Mills included future rents as capitalised value of the land. On reference to the Agreement itself we found nothing therein to substantiate his contention. While construing a document the in the parties is to be discovered from the words and expressions employed therein. The..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ...... to prove that defendants No. 4 to 6 are the heirs of Samad Ali, that they failed to adduce any material evidence to show that Samad All's tenancy was ever continued, that the plaintiffs created some documents in collusion with defendants 2-6 taking advantage of the entry in the khatian Ext. 3 when ..Category: Property Law | Date: | Hits: 43
....a Vs. Zakir Ahmed, PLD 1965 SC 90 = 16 DLR (SC) 1 722) which have consistently taken the view that in all proceedings by whomsoever held, whether judicial or administrative, the principles of natural justice have to be observed if the proceedings might result in consequences affecting "the perso......dings might result in consequences affecting "the person or property or other right of the parties concerned." This rule applies even though there may be no positive words in the statute or legal document whereby the power is vested to take such proceedings, for, in such cases this requirement i..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....ctness of the proposition that has found favour with the High Court Division. 12. Mr. M. Nurullah, learned Attorney-General appearing for the appellant, submitted that the principle of natural justice was in fact followed when the notice was served upon the Chairman to show cause why it will ......y and sub-section (2) the enquiry officer shall have the powers of the Court under the Code of Civil Procedure 1908 to take evidence and to compel the attendance of witnesses and the production of documents. On the conclusion of such enquiry the next step is given by section 135 which says "if af..Category: Election Law | Date: | Hits: 118
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....e thereafter he did not try to hide his misdeed. In view of all this and in the view already taken in the aforesaid case (Nausher Ali vs. State) 39 DLR (AD) 194 we think that it will meet the ends of justice if the sentence of the appellant is commuted to imprisonment for life. In the result, the......onment for life. In the result, therefore, the appeal is dismissed 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
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....n vacuo. Where there is no controversy, the Court is not expected to lay down a law on supposed controversy. As for the other questions whether the parties should be governed by principles of equity, justice and good conscience they do not merit consideration because here there was no controversy an...... property. On Tripura's death her interest devolved upon her sister Pramila for life time. Pramila died in 1937 leaving behind five daughters, defendant No. 2 and others. Pramila Sundari executed a document called Nirupannama in favour of the Chief Priest of Lakshmi Bihar. This document was assail..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury 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: 40 DLR (AD) (1988) 116. ......h the Government. On 15th December, 1977 Mr. Rizvi, the respondent's representative, sent a Photostat of the nationality certificate to the appellant. On being asked by the Government to supply documentary proof of respondent's stay during the period from 23rd March, 1971 to 16th December, 197..Category: Immigration and Citizenship Law | Date: | Hits: 214
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....endant Nos. 2-7 in a suit for partition are appellants in this appeal by special leave. The question raised is whether the High Court Division ought to have made an order of remand in the interest of justice as prayed for by the appellants. 2. Md. Hamed Ali, predecessor-in interest of responden...... Vs. Md. Hamid Ali being dead his heirs 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 conside..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
.... allow this appeal on the ground that the suit is liable to be dismissed because of waiver and acquiescence. Shahabuddin Ahmed J. - I have gone through the judgments written by my Lord, the Chief justice and my learned brother Badrul Haider Chowdhury J: I concur with the judgment of my Lord the ......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 ..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....dent (In both appeals) Judgment June 22nd 1987. The Constitution of Bangladesh, 1972 (as amended), Article 10 The constitutional obligation of the Appellate Division is to do complete justice and in doing so for the interest of justice and to clarify the factual position corresponden......thority of the United Grand Lodge of England. The learned Attorney General filed a prayer for additional evidence with certain annexures while adjudicating the appeal "to consider the above-mentioned documents at the time of hearing of the appeals in the interest of justice, otherwise the appellants..Category: Property Law | Date: | Hits: 39
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. ......al 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) Case Referred to- A.H..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.......t July 7, 1987. Result: The appeal is allowed. The Registration Act, 1908 (XVI of 1908) Section 47 The Transfer of Property Act, 1882 (IV of 1882) Section 53A Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defendant's docume..Category: Property Law | Date: | Hits: 118
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