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Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......ing good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......documents or papers showing the actual quantity of earth already cut by the contractor but it is precisely for this reason that the Arbitrator was required to arrive at a figure after considering the evidence on record. We find that it is the case of both sides that no earth has yet been cut from th..Category: Alternative Dispute Resolution | Date: | Hits: 202
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......r case but they were held responsible for their individual criminal acts. As to accused Mantu, in whose case trial Court's finding was reversed, basis for reversal was a discrepancy between ocular evidence of the witnesses and the opinion of the Medical Officer who held autopsy on the dead body ..Category: Criminal Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......r is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......document of release cannot be construed as a deed of transfer and disallowed the application for pre‑emption. The lower appellate court on consideration of the facts and circumstances and the evidence on record held that Swapan Kumar was not the benamder of the pre‑emptee in respect ..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......urt's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......he appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ty of events this was a minor omission because the presence of appellants Hazrat Ali and Mansur Ali and the chasing of deceased Abu have not been challenged by the defence in any manner. Taking the evidence of PWs 1-5 together, we are left with no doubt whatsoever that along with absconding accu..Category: Criminal Law | Date: | Hits: 65
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......thers................................... Respondents [In CA No. 68/90] Judgment February 4th, 1991. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by B Hossain, Advocate-on-Record - For the appellants in CA No. 61/9......not to do anything which is unusual in such trade, profession or business or which is neither necessary for nor incidental to the execution of his express authority." 18. No evidence has been led by the defendants that by virtue of any usage in the trade or business, defen..Category: Business or Commercial Law | Date: | Hits: 99
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ...... Ed. ......tion 42 of the Specific Relief Act and the trial Court was directed to reject the plaint. The facts of that case are clearly distinguishable. The plea of implied bar should ordinarily be decided on evidence, unless the facts disclosed in the plaint clearly prove that the suit was not maintainable..Category: Business or Commercial Law | Date: | Hits: 124
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......ed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......ht of private defence of their property. 3. All the petitioners were charged under sections 447/149 and also under sections 302/34 of the Penal Code. The trial Court, on consideration of the evidence of 13 witnesses for the prosecution and 3 witnesses for the defence, rejected the defence ..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......Mosammat Kafizan Bibi………..…………….Respondent Judgment August 18th, 1991. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Appellant. M......he trial Courts judgment and dismissed the suit. 5. Leave was granted primarily to consider whether the learned Single Judge of the High Court Division was correct in re‑assessing the evidence on record and thereby acted beyond the scope of section 115 of the Code of Civil Procedure..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ......reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ...... their purchase and pre‑emption of 0'080 acres of land and that the defendant‑appellant could not establish the forged and fraudulent character of the plaintiff’s document by any evidence. The defendant's own pattan is an unregistered document which the trial Court disbelieved,..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ...... other 2 co‑accused were not present at the PO during the alleged occurrence. 10. The prosecution case has been accepted by the trial Court and the High Court Division on four kinds of evidence, namely, (a) the direct evidence of PWs 4 and 5, (b) circumstantial evidence given by PW 1..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......e has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......es out of an order of acquittal passed by the appellate Court and confirmed by the High Court Division in revision. The short question for consideration is whether there has been such misreading of evidence as to the recognition of the respondent No. 1 Ali Mollah, particularly that of PWs 1 and ..Category: Criminal Law | Date: | Hits: 51
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......ubject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......d Advocated for the appellants, has drawn our attention to Rule 7(5) of the Rules of 1976 and has argued that when the enquiry was held and the Enquiry Officer submitted his report on the basis of evidence recorded by him, the "authority" (respondent) was to consider only the report of..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......party to a Civil Suit, has been held guilty of contempt of court, convicted and sentenced to fine of Tk. 500.00 Contention of the appellant in substance is that the conviction has been based on no evidence whatever but is based on mere conjectures and surmises of the learned judges. 2. Ap..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......connect the accused person with the crime alleged against him. The court's belief on the point has to rest on the accusations made in the report to the police, the nature and the credentials of the evidence which the prosecution proposes to lead in the case, and all the other relevant circumstanc..Category: Constitutional Law | Date: | Hits: 150
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ...... The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ......sional judgment of the High Court Division. Leave was granted in the said appeal to consider whether the High Court Division misinterpreted section 53A of the Transfer of Property Act and ignored the evidence that the plaintiff himself was present at the time of negotiation of sale to the defendant...Category: Property Law | Date: | Hits: 73
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......aused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......tion 302 of the Penal Code, passed by the Sessions Judge, Faridpur and confirmed in appeal by the High Court Division. Main grounds on which leave was granted by us are that conviction based on the evidence of a single witness as against the evidence of other local witnesses, all declared hostil..Category: Criminal Law | Date: | Hits: 69
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....ge of the High Court Division affirmed the judgment and decree of the lower appellate Court and decreed the plaintiff’s suit on the findings, inter alia, that kabuliyats, Ext. D series being inadmissible documents the courts below correctly left those out of consideration, that the auction...... In the result, the appeal is allowed without cost. Ed. ...... interest in we disputed property and consequently decreed the suit. The lower appellate Court accepted the correctness of the CS khatian and their presumptive value on the face of the documentary evidences adduced by the defendants to prove the auction sale and subsequent delivery of possession..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......that the tenants obtained remission of balance decretal dues and after voluntarily surrendering possession left for Arakan is a fictitious one, because there is "no witness" and "no evidence" for the plaintiff to prove it. PW 1 admits in cross examination that the defendants ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....anslated to see what actually was contained therein. An application for translation of that document was made in the High Court Division but the same was rejected on the ground that Ext. B itself was inadmissible as evidence and the prayer cannot be allowed after a lapse of 16 years when the appella...... appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......what actually was contained therein. An application for translation of that document was made in the High Court Division but the same was rejected on the ground that Ext. B itself was inadmissible as evidence and the prayer cannot be allowed after a lapse of 16 years when the appellant himself did n..Category: Property Law | Date: | Hits: 52
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