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State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ces cannot be said to have been proved. The High Court Division gave good reason of rejecting the evidence of the witnesses of fact. No motive for the offence has been proved. The High Court Division rightly set-aside the conviction……………………….(7) Lawyers Involved: B. Hossain,....... Result: The petition is dismissed. Circumstantial evidence If the witnesses examined to prove the circumstances are found to be unreliable or their evidence is found to be unacceptable for any other reason the circumstances cannot be said to have been proved. The High Court Division g......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......l dated 7 August, 1985 passed by the High Court Division (Sylhet Bench) in appeal acquitting the respondent of the charge under sections 302/34 Penal Code. 2. Respondent and two others were put on trial in the Second Court of Additional Sessions Judge, Sylhet on the aforesaid charge on the allega..Category: Criminal Law | Date: | Hits: 43
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......91 of 1984). Judgment: M.H. Rahman J.-Appellant was the defendant in Title Suit No. 9 of 1981 of the Second Court of Subordinate Judge, Mymensingh. That suit was instituted by the respondent for specific performance of contract for sale of the suit property. By filing a written statement ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......e, Mymensingh be restored to its file and number. The appellant is, however, to pay a sum of Taka 2,500/- towards the respondent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....ld the remaining accuseds not guilty and upheld their acquittal. The appellants, as they were sentenced to transportation for life by the High Court Division, preferred this appeal before us by their rights under Art. 103(2) of the Constitution. 7. Mr. Mujibur Rahman, learned Counsel for the appe......utable to the trial court judgment and the order of acquittal was liable to be interfered with………………(41) The Evidence Act, 1872 (I of 1872), section 8 Where there is direct evidence for implicating an accused in an offence absence of proof of motive is not material. In the present ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......ivision made no departure from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in pointing out that both law and fact were common causalities in the judgment of the trial court vitiating the order of acquittal. All the 'epithets' found in the first paragraph of the..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......al Law Amendment Act, 1958. Such requirement of law was fulfilled though it was omitted in the order sheet or in the judgement. No objection has been raised on this issue during trial or afterwards before hearing before this court. Under the circumstance such objection in so belated stage is not sus......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ............Respondent Judgment March 5, 1989 The Criminal Law Amendment Act, 1958 (XL of 1958), section 6 The order of sanction was there along with the charge-sheet prior to beginning of the trial of the accused under the Criminal Law Amendment Act, 1958. Such requirement of law was fulfill..Category: Criminal Law | Date: | Hits: 41
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....not necessary exactly to determine. But it may be safely taken that the word "transfer" is used in law in the most generic signification, comprehending all the species of contract which pass real rights in property from one person to another." (13 ALL 432 relevant page 476). And then the tr......have transferred their interest to defendant No. 3. On the other hand, their own case is that since May, 1972 they have taken defendant No. 3 as partner in their commercial venture. If the foundation for taking advantage of the deeming is not lied then section 18 (3) has no application. No interest ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......78 in the 1st Court of Munsif, Dhaka against the defendants for ejectment from the suit shop on the ground of being defaulter and for her own bona fide requirement. The suit was contested and the trial Court decreed the suit and found the defendants as defaulter and also for sub-letting the pr..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....y but soon the teacher's unsophistication re-asserted itself, in the view of the Police, and he returned the money. What could the bank do if he had persisted in his denial? It is, therefore, perhaps right to say that the poor fellow suffered for his temporary indiscretion. And suffered how? From ......t and order dated 14th March, 1988 passed by the High Court Division, Rangpur Bench, in Criminal Revision No. 243 of 1982). Judgment: A. T. M. Afzal J.-The accused-appellant has been convicted for an offence of theft, having denied for a while receipt of some overpayment from a Bank in enca......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ...... Police had arrested the accused and recovered the 100/- rupee notes amounting to Tk. 7100/- as per the statement made by the accused himself. Following usual investigation the appellant was put on trial before a Magistrate, First Class, Thakurgaon on the aforesaid facts for an offence under secti..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......37, 403 & 403(2) In this case "robbery" and "unauthorised possession of fire arms" are not the offences of same nature as contemplated in these two sections. Rather, these are two distinct offences for which a person may be charged for each of them as provided in section 235(1), Cr. P.C. It is cle......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ...... same nature as contemplated in these two sections. Rather, these are two distinct offences for which a person may be charged for each of them as provided in section 235(1), Cr. P.C. It is clear that trial of an accused for one distinct offence will not stand in the way of his subsequent trial for t..Category: Criminal Law | Date: | Hits: 44
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....9 who were the brother's sons of Sabitri Bala's husband. It is from them that the plaintiffs claim to have acquired title to the suit land initially by mortgage and then followed by purchase of the right of redemption. Plaintiffs alleged that defendant Nos. 1-4 dispossessed them from the property ...... 6, 1989. Result: Tthe appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXII, rule 3 Though in the suit no court guardian was appointed on behalf of the minor proforma defendants against whom no relief was claimed, at the appellate stage court guardian on their ......s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......peal No. 499/84, from the said judgment and decree. It was contended by them in the appeal that defendant Nos. 7-9 (respondents 6-8 herein) who were minors were not represented by any guardian in the trial court. On behalf of the plaintiffs it was submitted that no relief was prayed for against the ..Category: Property Law | Date: | Hits: 85
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..........................................Plaintiff-Respondent. Judgment December 13, 1988. Result: The Rule is discharged. The Constitution of Bangladesh, 1972, Article 104 This case is for transfer of the suit at Dhaka from Jessore on ground of inconvenience. Transfer of a case does n......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ...... Shahabuddin Ahmed J.- This rule was issued calling upon the respondent to show clause why Money Suit No. 7 of 1984 pending in the Court of Subordinate Judge, Jessore, should not be transferred for trial to the Third Court of Subordinate Judge, Dhaka. 2. Petitioner filed Money Suit No. 177 of 1..Category: Procedural Law | Date: | Hits: 110
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......s Judgment July 21, 1987. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehensi......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......ections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehension of delay in starting trial of the case for various reasons and on that ground the appellants are granted bail till trial ..Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....lough over the standing crop. Mir Ali could not have grown that crop for ploughing it over. There is nothing to show that the kaun was sown after the order of injunction. The appellant lost their right of private defence of property when they allowed Afzal Hossain to grow kaun on the disputed la......as any common intention of the appellants to murder the deceased. There is no evidence of either prior preparation or subsequent development of common intention amongst the participants immediately before the occurrence. Appellants Mir Ali burled the ballam blow on the chest of the victim causing hi......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......he conviction of the appellants and the sentence passed on them by the Additional Sessions Judge, Rangpur, under sections 302/34 of the Penal Code in Sessions Trial Case No. 722 of 1982. 2. At the trial the informant P.W.1 Sufia Khatun, the wife of the deceased Afzal @ Tara Mia Master, gave the..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....Ps. contend that their father Nurul Islam is the owner of the disputed plot No. 2085 by inheritance. But co-ownership of a disputed plot without being a co-sharer in the Khatian does not confer any right to the co-owner of the plot to resist the pre-emption." 7. This view clearly shows that the...... Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian is certainly a co-sharer in the holding. Failure of the pre-emptors to implead such a co-sharer in a petition for pre-emption is a serious defect of party. It is violation of mandatory provision of section 96 o......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......d pre-emption of a land transferred by a kabala dated 18 November 1975, by their co-sharer, Opposite Party No. 4 in the said case to these appellants, strangers, without giving them any notice. The trial Court by an order dated 22 February 1980 allowed the pre-emption case; but on appeal, Miscella..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......ukdar and others Vs. The State (Criminal Appeals No.4 and 5 of 1977) wherein this question has been dealt with, the present appeal stands in a narrow compass. 2. Facts in brief are that a First Information Report was lodged by the Appellant with the Bhandaria Police Station alleging that his son......order of the Magistrate, inter alia, have given the reason which is as follows: “In the facts and circumstances of this case it appears from the extracts of the papers of the Ministry of Home Affairs which bear the signatures of the Deputy Secretary, Joint Secretary, Secretary and the Minister......re parting with this appeal it is observed that the learned Judges of the High Court Division before concluding has made the following uncalled for observation: “If during the proceeding of the trial against the rest of the accused persons evidence does forthcome involving the complicity o..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....P.C.S. Class II temporarily and that the E.P.C.S. Class II itself is a temporary Cadre dependent upon year to year sanction and the employment of the respondent was purely temporary. So he has got no right to hold the post substantively and as such reversion to his former post of District Kanungo is......dent under Article 102(2) of the Constitution of the Peoples Republic of Bangladesh (Petition No.254 of 1973). 2. The respondent was appointed District Kanungo on 5.12.56 and since then he worked for about 10 years discharging his duties with efficiency. It appears from Annexure ‘A’ to the p......n or jurisdiction whatsoever and that the respondent has not been given any opportunity of being heard or showing cause before issuance of such order of reversion which is rather punishment without a fair trial and arbitrarily he was condemned unheard. 3. The appellant submitted affidavit-in-opp......jurisdiction whatsoever and that the respondent has not been given any opportunity of being heard or showing cause before issuance of such order of reversion which is rather punishment without a fair trial and arbitrarily he was condemned unheard. 3. The appellant submitted affidavit-in-oppositi..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....that in spite of the foreign ownership of the vessel, the appellants have acquired an attachable interest in the vessel under the charter party with the foreign owner, and as such the vessel has been rightly attached by the High Court. 12. The only question which arises in this appeal is whether......th C.R. No. 639 (FM) of 1977). Judgment Kemaluddin Hossain J.- This appeal arises out of an interlocutory order under Order 38, rule 5 of the Code of Civil Procedure. Facts briefly stated for the disposal of the appeal are that Bangladesh, the Respondent has instituted a suit for recover......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......ve not been disclosed. It appears that the chemical report required under the terms of negotiation was not before the Court at the hearing of the petition. The record shows that at one stage in the trial Court, a petition was filed by the Respondent asking the Court to record the fact that the law..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....1209 were recorded in C.S. Khatian No.39 of mouza Debanagar, P.S. Daulatpur, District Khulna in the name of Ujiruddin Shaikh, Nayan Shaikh and Abdus Samad Shaikh in equal shares as under raiyats with right of occupancy under the raiyati recorded in C.S. Khatian No.38 of the said mouza. The said two ......of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of certain land sold by Khan Brothers, by a registered kabala dated 3rd December, 1966 to Muhammad Khalilur Rahman, respondent No.4 for a consideration of Taka 6,000.00. This application at the instance of the appellant was subseq...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......No.3 and 4 contested the miscellaneous case on the ground that the appellant is not a co-sharer in the holding and the notice served upon him would not operate as an estoppel against them. 4. The trial court found that the appellant is not a co-sharer in holding and the service of notice on th..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... is in question. As to the standing of the pre-emptor and the competency of his application on merit is not in question. The only question is the one that has been set out above. 2. The facts for consideration of this appeal are that the Kabala under pre-emption was executed on 26-7-72, it w...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......d in this appeal is whether the pre-emption petition filed under section 96 of the State Acquisition and Tenancy Act earlier to the registration of the sale deed under pre-emption is competent. The trial Court held that subsequent registration of the Kabala during the pendency of the application..Category: Property Law | Date: | Hits: 34
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....k of the neck, 2. One punctured wound 1/6” diameter in the chest cavity on the middle of the body of sternon, 3. One punctured wound 1/6" diameter into muscle deep on the lower part and the right side of the back.” 9. It is true that in the First Information Report P.W.1 stated that ......Sessions Judge, Faridpur convicting the respondents under section 302/34 of the Penal Code and sentencing the respondent No.1, Fagu Matbar to death and the respondents No.2 to 7 to transportation for life. The trial Judge made the reference for confirmation of the sentence of death passed on F......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101......., Faridpur convicting the respondents under section 302/34 of the Penal Code and sentencing the respondent No.1, Fagu Matbar to death and the respondents No.2 to 7 to transportation for life. The trial Judge made the reference for confirmation of the sentence of death passed on Fagu Matbar, Re..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....rchase and (iii) a tenant holding land contiguous to the land transferred apply under this section and comply with the provisions therein contained, the applicant or applicants shall have the prior right to purchase under this section in the order in which they have been mentioned above. (b) I......ent Ruhul Islam J.- This appeal by special leave arise out of the Judgment dated 5th April, 1976 of the High Court Davison in First Miscellaneous Appeal No.96 of 1974. Facts in short relevant for disposal of the appeal are like this. Respondent nos. 1 and 2 filed an application under section......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......excepting three plots the petitioner had no land contiguous to any other plot, then certainly he cannot be hit by the rule of partial pre-emption. With these observations the case was remanded to the trial court. The above noted decision, in our opinion, cannot be cited as an authority for the pro..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....ch depended upon the result of the petition filed by Mr. Guaba, ad-interim stay was granted. Hearing of the matters took place on October 24, 1941. Two questions were considered, firstly, the Court's right to take cognizance on Mr. Gauba's petition which was opposed by both the respondent and the Cr......he learned Judges were justified in quashing the proceedings in exercise of the inherent power under section 561A of the Code of Criminal Procedure at the stage when only charge sheet was submitted before the Sub-Divisional Magistrate, who is not competent to try this case under section 156(8) and 1......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......rongly suspected that Tan Kheng Hock had succeeded in disposing 89 cartons of cigarettes. It was submitted by the dependent that the materials seized during Investigation were sufficient to warrant trial of the two accused by a competent Court. 3. After hearing the parties, a Division Bench ..Category: Criminal Law | Date: | Hits: 95
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