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Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......d Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......sp; alleged in the proposed plaint, are, in brief, that there was no agreement for sales of land between the appellant and Respondent No. 1, that the appellant could not produce any credible evidence in support of his false claim, that because of certain circumstances the said Respond..Category: Property Law | Date: | Hits: 61
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ...... We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ......l Hamid. Mr. Chowdhury argues that the employee was not given an opportunity to examine his witnesses and that the employer called no witnesses before the Enquiry Committee. Before the Labour Court evidence was led and the Labour Officer of the company said that the employee only examin..Category: Labour and Industrial Law | Date: | Hits: 151
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ......s of this appeal shall abide the result of proceeding before the Administrator. Ed. ......ident from the order of the Administrator, and he had materials legally receivable for his consideration and as such his order cannot be challenged on the ground that it was based on no evidence. Mr. Khandker, of course, submits that there were no materials legally receivable for cons..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur RahÂman and others, 1977, 6 CLC (AD)
....boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......ndependent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......ined. The leave was granted to consider whether the High Court properly appreciated the evidentiary value of the retracted confession as against co-accused as well as to re-examine the evidence. 5. The learned Deputy Attorney General argued that the High Court was wrong in hol..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......n our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......n. 4. Mr. T.H. Khan, the learned counsel for the petitioner contended that the High Court Division erred in law in upholding the conviction and sentence of the petitioner on the face of the evidence of P.W. Bajitullah, the father of the deceased, that the present case was connected by so..Category: Criminal Law | Date: | Hits: 62
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......exceptional circumstances. With this observation the petition is dismissed. Ed. ......la was registered on 38-1-67, and the application for pre-emption was made on 15-4-68, and the respondent claimed, that he got knowledge of the sale on 15-3-68. The trial court on consideration of evidence believed the case of the respondent, and allowed the application for pre-emption. On ..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ...... There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......the work of first contract the petitioner allotted another work to the same Contractor for manufacture of 10 lac bricks without calling for any tender whatsoever. 3 The trial court found on evidence that the control of the sale of tender forms acceptance of the tender at 9.25% above ..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....n of the apÂpellant as well as of Pakistan Army in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. ......y in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. ......he was killed on the following Tuesday at about 4 P.M. i.e., on the 3rd day after Saimuddin had been taken by the Pakistan Army. He sought to point out that there was neither any allegaÂtion nor any evidence of a concerted prearranÂged plan between the appellant and the PakisÂtan Army to commit t..Category: Criminal Law | Date: | Hits: 63
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate TribuÂnal and another, 1977, 6 CLC (AD)
....nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......fied. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ............................ Respondent. Judgment April 29, 1977. Result: The appeal is dismissed. The Evidence Act (Act I of 1872), Section 134. Conviction can be based on the solitary evidence of a witness, of course the veracity of the witness is not tainted in any manner………â€..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ....... There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ...... is a kind of summary proceeding in which the question as to fraud or regularity in respect of the processes of the said Court are determined on the basis of the records of the execution case and the evidence that may be produced relating to the processes herein. The right to institute such a procee..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......f cancellation of the lease. For these reasons this petition is dismissed. Ed. ......tition. 7. The reasonings of the High Court on the question whether the respondent company, was an unauthorised occupant have been set out above. The reasonings are based on sufficient evidence. From evidence on record it is manifest that the original lessee which was..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......s set aside. There shall not however be any order as to costs in this appeal. Ed. ......en referred to in the judgment of the Supreme Court in the case of the Hanover Fire Insurance Company, that the Courts in Pakistan had no power to send their officers to a foreign country to taken evidence except under reciprocal arrangement between the countries recognising such a proceeding. ..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......sp; ......se of Bhola Umar vs. Mst. Kausilla. A.I.R. 1933 All 617 that even if remarriage of Jagadaya was proved the provision of the Act XV of 1856 had no application to the facts of the case, as there was evidence to show that there was a custom of remarriage among the Mallas. The trial Court, however, ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ......de above is dismissed. We however make no order as to costs in all the appeals. Ed. ......two questions: the question of compensation, and the rule governing the assessment of the average value of the lands in the vicinity of the acquired lands. 5. The Arbitrator considering the evidence was of the view, that it would be unsafe to assess compensation on the basis of the kabala..Category: Property Law | Date: | Hits: 70
Bangladesh Small Industries CorporaÂtion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......ult this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......houdhury was not comÂpetent enough to issue direct instruction by passing J. D. Y. (F&A). In other cases his noting in the applications appears to be uncalled for. In none of the above cases any evidence of corruption could be established. 2. The second show cause notice was served upon the..Category: Employment/Service Law | Date: | Hits: 170
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ...... judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......the title and interest of the appellant in the suit premises the tenant had no business to deposit the rent with the Rent Controller. Moreover, it has been pointed out by the learned Counsel from the evidence of the tenant that he had deposited the rent without tendering the rent personally or remit..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......nt Abdul Khair. The Tribunal did not, therefore, consider it safe to rely on the testimony of a solitary eye-witness for convicting the appellants under section 302/34 of the Penal Code but on the evidence of P. Ws. 1, 10, 12, 13, and 14 the Tribunal came to the finding that the two appellants a..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ....... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......through “the right side the throat” and thereupon hit PW 2 who was standing immediately behind the driver Siddique Bhuiyan @ Raja Mia. This part of the case has been established by the evidence of competent and reliablle witnesses. 14. The High Court Division has..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......th each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... Judgment August 8 2001. The Penal Code, 1860 (XLV of 1860), Section 304 When there is no evidence from the prosecution side that the accused had the knowledge of the frail condition of th..Category: Criminal Law | Date: | Hits: 59
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......ision (Civil) Present: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdus Sobhan........ in collusion with the engaged lawyer of the defendant practiced fraud upon the trial Court when the learned Advocate for the defendants submitted that he would not adduce any oral and documentary evidence in the case and on the basis of this collusion the trial Court passed the decree without g..Category: Property Law | Date: | Hits: 74
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