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Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....on witness Nos 1, 2 and 3. PW 1 Abdul Hamid Matbar and PW 2 Abdul Khaleque Matbar, the two eye-witnesses to the occurrence, in their deposition stated that the appellants Shafiuddin Sheikh hit the right eye of the deceased by a mugur lying in his hand but from the evidence of PW 8 Dr Rafiqul Isl......der dated 30-4-2001 passed by the High Court Division in Criminal Appeal No. 2180 of 1997. 2. Criminal Appeal No. 43 of 2003 is at the instance of convict appellant Jaber Sheikh against the aforesaid judgment and order. 3. Both the appeals being heard analogously were disposed......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... spade, lathi and mugur, etc. with other accused namely, Shamsu Sheikh, Syed Sheikh, Jamir Sheikh. Saken Sheikh, Md Sheikh, Rabbani Sheikh, Firoz Sheikh and Mosharof Sheikh (since acquitted by the trial Court) and Shafiuddin Sheikh and Jaber Sheikh (the two appellants) and entered into the said ..Category: Criminal Law | Date: | Hits: 42
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....ance of the Government officials about the ownership of the property in schedule or because of malafide motive, cannot bind the petitioner. Non-inclusion of the said property has cast a cloud upon right of the petitioner to have the same transferred in due course to it, on fulfilment of the cond......Involved: Mahmudul Islam, Senior Advocate, instructed by Md Aftab Hossnin, Advocate-on-Record—For the Petitioner. Not represented—Respondent No. 3. Civil Petition for Leave to Appeal No. 42 of 2002. Judgment: &nb......t Pakistan and never returned to Bangladesh after liberation. The shares and assets of the Company vested with the Government as "Abandoned Property" and management of the business and affairs of the Company was ultimately entrusted by the Government with the then Paper and Board Corp......fairs of the Company was entrusted with the Bangladesh Chemical Industries Corporation, the defendant No.3. The Government took a policy decision for disinvestment of some of the nationalised industrial concerns and abandoned properties and a high-powered body was constituted by the name "D..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....w inconsistent with the Constitution will be void to the extent of the inconsistency, Article 26 not only declares that all existing law inconsistent with the provisions of this part (fundamental rights) is void to the extent of inconsistency, further sub-article 2 provides that the State shal......ned Amendment has resulted in unrecognizable repugnancies to all other existing provisions of the Constitution related to it rendering the High Court Division virtually unworkable in its original form, and as such, it is void. The impugned Amendment will go off the Constitution and the old Artic......over other districts. It has thus created regionalism which is contrary to the spirit of nationalism. The learned counsel submitted that functionaries performing function in connection with the affairs of the Republic outside the territorial jurisdiction of .any particular court is amenable to t......aken into account even before policy has been decided. On a narrower basis, the Government also consults without-side interests when drafting legislation, e.g. the T.U.C, and the C.B.I, on industrial and economic matters, or the B.M.A. on matters affecting the National Health Service, This..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....ies one on the left chest cavity and one incised wound on the left line of the abdominal cavity and informant's father P.W.4 had an injury on his chest and had another injury on the upper part of the right chest. So the father and mother of the informant had two injuries each on their person. 10.......ms of linking up accused with the crime, namely, the sandal was not at all put to the accused as a circumstance appearing in the case against him in his examination under section 342 Cr.P.C. It is for the prosecution to prove the case and not for the defence and when considering the oral evidence......ence of the accused as elicited from the trend of cross-examination was that some unknown dacoits might have committed the offence and the accused have been falsely implicated out of grudge of an affair which Dablu had with the third daughter of P.W. 4. 5. The learned Sessions Judge found the ......ed Dablu and concluded "Therefore, the recovery of the plastic sandal links appellant Dablu with the crime". The learned Sessions Judge, however, omitted to mention the implication of the sandal. The trial Court proceeded relying on the confessional statement and noticed that in 342 statements t..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....nts Vs. Santosh Kumar Sen and others................. Respondents Judgment November 2, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground ......Sen and others................. Respondents Judgment November 2, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, a......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......II, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, at the stage, the case was ready for trial. Such defect could be corrected by amendment of the plaint which the plaintiff did not during ..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
.... in the manner as has been deposed. The defence case appears to be more probable than the prosecution as it fits in human nature and as such the appellants are entitled to be acquitted as a matter of right in the facts and circumstances of the case………………(9 & 12) Lawyers Involved: S.......nce of the appellants under sections 302/34 and 364 of the Penal Code. They were convicted by the Additional Sessions Judge, Noakhali, by an order dated 4 May 1983 and sentenced to transportation for life. They preferred an appeal but it was dismissed by the High Court Division by an order dated......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152...... blows of kirich, sendao and ramdao and dragged her dead body out of the hut and left it in the garden and then abducted him. In due course the appellants were challaned by the police and were put on trial before the Court of Session on the charges of murder of Halima Khatun, and abduction of Sharia..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..................Respondents Judgment January 25, 1989. The Penal Code, 1860 (XLV of 1860), section 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but the appellants refused to deliver the......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......iminal Appeal No. 4 of 1988. Judgement: M.H. Rahman J. — Appellant was convicted under section 406 of the Penal Code and sentenced to suffer rigorous imprisonment for three months by the trial Court; He was also directed to pay the sale proceeds of the paddy entrusted to him by the comp..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....used is sustained. Conviction under section 302/149 of the Penal Code against Abdul Jabbar, Lokman Ali and Pir Ali since dead being proved is sustained. In the facts and circumstance of the case, the right of private defence of life was not available to the appellants since from complainant party th...... in question an order of the High Court Division, dated 4 August 1985, confirming in appeal, an order of the Additional Sessions Judge, Mymensingh, dated 14 March 1983, by which the five appellants before us were convicted under section 302, read with section 149 of the Penal Code and sentenced to t......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......entenced to transportation for life. 2. These five appellants, namely, Tayeb Ali, Budhai alias Abdul Jabbar, Ramjan Ali, Lokman Ali and Pir Ali, along with 13 others, were also convicted by the trial Court under section 148 of the Penal Code and sentenced to fine of Tk.1000/- in default, rigor..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
.... to pay interest and monthly repayment instalment at any rate higher than the rate specified in their respective sanction letters; (b) that it be further declared that the defendants have got no right or authority to unilaterally change the terms and conditions of the loan agreement contained......issue. It is linked up with the bank rate- and the borrower in his executed mortgage deed clearly stipulated that he will pay the rate of interest at bank rate less 3% which is concessional rate only for the multi-storied building. The issue is clinched here. There is no scope for advancing any argu......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......orporation and the borrower are reflected in the terms of mortgage deed itself and such mortgage deeds were executed by the Respondents-borrowers. Hence, the suit is liable lo be dismissed. 8. The trial Court decreed the suit in part. It was held that the mortgage deed and the sanction letter w..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....ncy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear finding that the plaintiff’s right was never recognised as required under clause (3) of section 86 not any argument is made that ......, section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear finding that the plaintiff’s right was never recognised as re......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......lished in the gazette on 13 May 1958 that is long before 1967. 7. Dr. Kamal Hossain submitted as to the hardship of the plaintiff who had a registered kabuliyat of 1947 in his favour which the trial court found to be valid and genuine. This may be so but the court cannot help because of the..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....as specified in section 106." 9. Kh. Mahbubuddin Ahmed's contention is that the appellant was not holding over under s.116, T.P. Act, but she has been continuing as a tenant under her statutory right, that is, under section 2(8) of the Ordinance. This section defines a tenant and says that a "......1988. The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 2 (18), 18(5) and 19 The Transfer of Property Act, 1882 (IV of 1882), Section 111 (g) & 116 There is no provision of law for determining the tenancy on the ground of the tenant becoming undesirable unless the tenant comes...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... Kent Controller on 14 March 1984 and since then she has been continuously and regularly depositing the rent to the Rent Controller and as such she was not a defaulter. As already stated above, the trial Court as well as the revisional Court held the appellant 'defaulter' on the basis that the r..Category: Property Law | Date: | Hits: 45
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......the question of possession without reference to the order of the Civil Court would be clearly untenable and unacceptable. If the appellant, was in possession in 1978 as found by the Civil Court, then for the purpose of the criminal case it was enough to hold that the prosecution evidence as to posse......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......ne, a Chinese wall-clock and clothes, etc. Rokeya Begum (P.W.1) lodged an F.I.R. with Gulshan P.S. five days after the alleged occurrence on 27.12.82 whereupon the appellant was eventually brought to trial before a Metropolitan Magistrate who framed charges under sections 448/380 Penal Code. 3. T..Category: Criminal Law | Date: | Hits: 59
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......1898 (V of 1898), section 476 The High Court Division issued a suo-moto rule upon the appellants to show cause as to why complaints should not be lodged against them under section 476 of the Cr.P.C for the allegation of practising fraud upon the court by filing a false petition of compromise, the ......ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......if, Sylhet, with regard to a kabala executed by Haji Jabedullah on 16th May, 1953. The said Haji Jabedullah filed a counter suit, being Title Suit No. 31 of 1964, for cancellation of that kabala. The trial Court decreed Title Suit No. 289 of 1963 and dismissed the Title Suit No.31 of 1964. On appeal..Category: Criminal Law | Date: | Hits: 45
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......-accused by the trial court on the plea of alibi will not destroy the dying declaration………….(8) Lawyers Involved: Abdul Hamid, instructed by Md. Aftab Hossain, Advocate-on-Record—for the Appellant. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. ......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126...... the victim immediately after the occurrence appears to be trust worthy and convincing. Moreover, in the dying declaration appellant was mentioned as the assailant. Acquittal of the co-accused by the trial court on the plea of alibi will not destroy the dying declaration………….(8) Lawy..Category: Criminal Law | Date: | Hits: 61
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
.... suit land, (iv) presumption is attached by law under section 60 of the Registration Act that the plaintiffs vendor was physically present in Bangladesh and lastly (v) injunction prayer was granted rightly restraining defendant No.1 from leasing out of the suit land treating it as enemy property......ur Rahman could not argue, how the evidence as it is, has rebutted the presumption. The defendants got ample opportunity at the trial stage and no such rebuttal evidence was adduced. Hence the prayer for remand does not merit consideration. ………….(6 & 8) Lawyers Involved: Moksudur R......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......rements of law. It is a rebuttable presumption, no doubt, but Mr. Moksudur Rahman could not argue, how the evidence as it is, has rebutted the presumption. The defendants got ample opportunity at the trial stage and no such rebuttal evidence was adduced. Hence the prayer for remand does not merit co..Category: Property Law | Date: | Hits: 56
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113...... and the appellant disowning such document and such contention of purchase and denial thereof not being confronted during trial, the appeal is allowed in part and the case remanded to the trial court for re-hearing upon allowing the parties to adduce further evidence in respect of the alleged deed o......t as to what position Sona Miah took or, what argument was advanced on his behalf with regard to the said document. Since he has disputed the said transaction, we think the elementary principles of fairness demand that he should get an opportunity to contest the said document before it can be used......ling lateron that the appellant purchased a portion of the land from the donee and the appellant disowning such document and such contention of purchase and denial thereof not being confronted during trial, the appeal is allowed in part and the case remanded to the trial court for re-hearing upon al..Category: Property Law | Date: | Hits: 33
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......where the order of sentence under the provision is under challenge on appeal the accused appellants may continue on ad-interim bail granted by this division till disposal of criminal appeal pending before the High Court Division. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by......ali Bank, Sirajganj Branch, in collusion with the contractor. After investigation a charge-sheet was submitted against the appellant and the contractor, Firozur Rahman. 3. The Ministry of Home Affairs by its Memo No. 364-Misc. II/84-L.s. dated Dhaka 28th June, 1984 recommended for the withdrawa......pellant. M.R. Khan, Advocate-on-Record—For the Respondent Criminal Appeal No. 23 of 1987. Judgement: M.H. Rahman J. — The appellant along with co-accused Firozur Rahman was put to trial for commission of offence under section 420 of the Penal Code and read with section 5(2) of ..Category: Criminal Law | Date: | Hits: 53
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......in Criminal Appeal No. 723 of 1987 (Dhaka). 2. The appellant was convicted by the Divisional Special Judge, Rajshahi, by an order dated 16 September 1987 and sentenced to rigorous imprisonment for 5 years and also to fine of Tk. 90,000/-(ninety thousand), in default to rigorous imprisonment......lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......has exercised power, granting bail on some reasonable condition. He has submitted that the Court while granting bail to an accused-person who is likely to leave the country before conclusion of his trial or hearing of his appeal may direct that his passport, if any, may be surrendered to the Cou..Category: Criminal Law | Date: | Hits: 53
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
.... fraudulently put up this claim to grab the property taking advantage of the absence of the original owners and their heirs who migrated to India before 1965. The suit land being enemy property was rightly treated as such and the Vested Property Case No. 66 of 1978-79 was filed accordingly to take......on 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plaintiff-appellant therefore is not entitled to a decree of declaration of title under section 42 of the specific relief act......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......ng this portion they supported the claim of the Vested Property officials that the suit land is an enemy property for the recovery of which, the Vested Property Case has been rightly filed. 4. The trial Court decreed the suit upon a finding that the plaintiff acquired title and also got possessio..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....son who is a stranger thereto. But the judgment in a prior suit together with the plaint and other steps taken in connection therewith is evidence of an assertion by the holder of the judgment of the right which he claims to acquire and is then admissible in evidence of his right. “Secondary evide......ot be admissible in evidence”….(12) Secondary evidence of a document is admissible in the cases specifically mentioned in s. 65 of the Evidence Act and if the original is not available, reason for non availability must be given…………………..(14) Though objection was not raised whe......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......shi Bhusan were Indian Nationals from before 1965 Indo-Pak War and as such the suit land to the extent of their share, that is, 5/6, was enemy and vested property and on those findings modified the trial court's judgment and decreed the suit to the extent of 1/6 only. Plaintiffs felt aggrieved the..Category: Procedural Law | Date: | Hits: 146
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