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Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....1 and handed over the possession of the suit property to the plaintiff. It was stipulated that Aziza Bibi would execute the sale deed after obtaining Income Tax Clearance Certificate. In early part of February, 1971 said Aziza Bibi left for Dhaka and she did not return to Mymensingh. As such......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....tion of the omitted claim in the suit by amending the plaint. Amendment of the plaint may be allowed at any stage of the proceeding if it is found necessary to determine the real issues between the parties and if it is not a case of relinquished claim by suing afterwards..………......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ..Category: Civil Law | Date: | Hits: 87
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....of procedure………………….(6) Civil and criminal liability The question is whether it is a civil liability or criminal offence depends upon facts, whether the complainant in parting with his …. Acted on the representation of the accused and on behalf of the trust thereon....... accused No. 1 as one of the partners on 26.4.76". On these facts a complaint petition was filed and the learned Sub-Divisional Magistrate sent the petition for treating it as a F.I.R. for investigation and on 10.8.76 the learned Magistrate granted the accused persons bail. 6. ..Category: Criminal Law | Date: | Hits: 146
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....e Code of Civil Procedure, 1908 (V of 1908), section 115 (1) Jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litigation or of their lawyers……………..(5) The question of benami nature...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... show any material contradictions and omissions in the testimony of PWs 2‑6 and 10 for which we can disbelieve the prosecution case. 12. Mr. Korban Ali learned Advocate, apart from placing the entire evidence on record, made his best efforts to point out the material di...... and that Dilara used to go to the Shallow Machine room of the accused for which her parents used to rebuke her sister. She also denied the defence, suggestion that she was deposing falsely at the investigation of her brother Matiar Rahman. From her cross‑examination it appears that no vit..Category: Criminal Law | Date: | Hits: 58
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....he sentence under section 201 Penal Code to 3 (three) years. 2. Leave to appeal was granted to consider the only contention that in the facts and circumstances of the case, it is the second part of section 304 under which the appellant ought to have been found guilty, if at all, and in th......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....a Private Limited Company (respondent in all the three appeals) for providing average 2-1/2 thick compacted premixed bituminous concrete work on the Airport Road, Dhaka. A dispute arose between the parties over payment of bill of the Contractor-respondent after completion of the work which was r...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....c) of the Government Servants (Discipline and Appeal) Rules, 1976. In his reply dated 19th June, 1982, to the charge the respondent denied the allegations stating, inter alia, that he was holding a part‑time job and not a full time job under the National Laboratories Ltd. After more than th......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
.... Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants. ANM Gaziul Huq, Advocate instructed by Ozair Farooq, Advocate-on-Record-For Respondent Nos. 2- 7. Ex parte - Respondent No. 1. Civil Appeal No. 34 of 1986. (From the Judgment and Decree......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......for ascertaining whether the same is covered by the land of the kabuliyats, Exts. 1 and 1 (a), and also to produce Wazibul Arz and other documents, if any. After remand plaintiffs took out a local investigation and filed the Wazibul Arz, a certified copy of the thak papers maintained by the Gove..Category: Property Law | Date: | Hits: 25
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... morgue for post‑mortem examination. PW 1 filed a written FIR to PW 22 SI Atior Rahman at Sindhiaghat Police outpost which was addressed to OC Muksudpur PS and sent there. The case was investigated partly by PW 22 and then PW 23 SI Rawshan Islam after completing investigation submitted charge‑sh......o PW 22 SI Atior Rahman at Sindhiaghat Police outpost which was addressed to OC Muksudpur PS and sent there. The case was investigated partly by PW 22 and then PW 23 SI Rawshan Islam after completing investigation submitted charge‑sheet on 25.6.79 13. PW 17 Dr. Jamiruddin Ahmed, Assistant Sur..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....al Revision No. 265 of 1988). Judgment: Mustafa Kamal J.-his appeal by leave is by the first party Samirun Nessa arising out of a proceeding under section 145 of the Code of Criminal Procedur......quisition and replotting became industrial plot No. 170 (north). The High Court Division has not referred to any evidence in support of its assumption. The High Court Division made an uncalled for investigation of its own as to whether CS plot No, 533 after acquisition was released from acquisit..Category: Criminal Law | Date: | Hits: 54
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
.... Judgment October 28, 1990. Lawyers Involved: Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record (In both the appeals) - For the Appellant Ex parte (In both the appeals) - For the Respondents. Civil Appeal Nos. 19 and 20 of 1990. ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....ment which provides as follows: " 12. It shall be lawful for the lessor at any time during the period of lease to determine the lease by a written notice in case any fraud on the part of the lessee is detected or the deed of exchange is found fraudulent and the lessee shall ha......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
..... Bahauddin Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 7-4, 5(a), 5(a) 1 to 5(a) VIII, 6, 9 (Ka) - 9 (cha), 11-12, 13(1) to 13(6). Ex parte - Respondent Nos. 7, 8, 10(a) to 10 (c), 14 to 25. Civil Appeal No. 10 of 1985. ......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. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....on. He pointed out that the defendants neither gave any evidence in support of their case except filing Exts. B and C nor challenged the evidence of the plaintiff by way of cross-examination, particularly as to possession of the plaintiffs and their predecessors‑in‑interest sinc...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....ssain Pramanik ..................Respondent Judgment June 27, 1990. Lawyers Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Respondent. Criminal Appeal No. 10 of 1987. (From the judgment and order dated......rned Counsel for the State has emphatically asserted that Ext. 6 is admissible evidence and that the Trial Court rightly considered the statement made therein by the accused Majibur Rahman before the investigation of the case. He has further contended that this evidence along with other circumstance..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....contrary he has stated in court that the accused persons attacked his brother and caught hold of him and took him inside the house of appellant Salam Hawlader. This is a very material omission on the part of PW 1 who is an eye witness and was accompanying the deceased at the time of occurrence. He f......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....ise to another industrial enterprise both being placed under it, was held to be valid. The learned Counsel has contended that the learned Single Judge misconstrued the relevant provisions of law, particularly Article 17(1) of P.O. 27 of 1972 which defines the functions of a Corporation which nec......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 ..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....cate-on-Record— For the Respondent No. 1(The State). T. H. Khan, Senior Advocate (M.A. Wahab Mia), instructed by Miah A. Gafur, Advocate-on- Record— For the Respondent Nos. 2 to 4 & 6. Ex-parte—Respondent No. 5 Criminal Appeal No. 36 of 1984. Judgment: A.T.M. Afzal J. This ap......amination. Doctor Abdul Momin Chowdhury (P.W.3) held post-mortem examination of the deceased and found as many as 15 incised wounds on his person, three of which were on the head. After completion of investigation Police submitted charge-sheet and eventually the respondents were put on trial in th..Category: Criminal Law | Date: | Hits: 53
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