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Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... amendment. The structural pillars of Parliament and Judiciary are basic and fundamental. It is inconceivaÂble that by its amending power the Parliament can deprive itself wholly or partly of the plenary legislaÂtive power over the entire Republic. The impugned amendment in ......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......bligations under the European Convention on Human Rights, GATT, or other multilateral conÂventions to which this country had acceded. Again, when the Government is obliged to seek a very large loan from external sourcÂes, it may be compelled to introduce restrictive fiscal and economic mea..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... two inÂjuries 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 pe...... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and othÂers Vs. State, 1989, 18 CLC (AD)
....atullah had been sitting in his hut and discussing the case, but in his ejahar he stated that he had brought Shariatullah for the talk while he had been returning home from the bazar; he omitted this part of the story while deposÂing in court. He has admitted the defence suggestion that neither he ......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......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..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....tion of complaint in the Court of Upazila Magistrate, Banshakhali Chittagong under section 406 of the Penal Code alleging, inter alia, that as the accused came from the same locality he took him as a partner for buying and selling paddy in the month of Ashar in 1389 B.S. and gave capital to the acÂ...... by the complainant. The appellate Court affirmed the order of conviction and sentence. In revision the High Court Division upheld the order of conviction and sentence but set aside the direction for payment of the sale proceeds to the complainant. 2. On 2nd November, 1985 respondent No. 1 filed ......lly proved. It was accepted by all the three Courts below. We find no reason to inÂterfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....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 they had no reasonable apprehension either of imminent death or of grievous hurts…………â......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......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..Category: Criminal Law | Date: | Hits: 49
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
.... Senior Advocate (S.C. Das and M.A. Wahhab Miah, Advocates with him) Instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent Nos. 1-6 and 9-10. Respondent Nos, 7, 8, 11-17: Ex-parte. Civil Appeal No. 1 of 1987. (From the Judgement and order dated 17.2.1986 passed by th......passed declaring that the plaintiff and other loanees of the defendant No.1 for the Multi-storied Housing Scheme with floor space limit 1500 sft. per unit are not liable to pay interest and monthly repayment instalment at any rate higher than the rate specified in their respective sanction letÂters......81 against the appellant House Building Finance Corporation in the 1st Court of Munsif, Sadar, Chittagong for a declaration that; (a) that a decree be passed declaring that the plaintiff and other loanees of the defendant No.1 for the Multi-storied Housing Scheme with floor space limit 1500 sft. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of BanÂgladesh, 1989, 18 CLC (AD)
....ecord —For the Appellant. A.W. Bhuiyan, Additional Attorney-General, inÂstructed by A.W. Mallik, Advocate-on-Record — For the Respondent No.1. Respondent No.2: Abated. Respondent No. 3: Ex-parte. Civil Appeal No. 87 of 1984 Judgment: A.T.M. Afzal J.— In this appeal by leave, t......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....intained, in revision, by a learned Single Judge of the High Court Division. ResponÂdent-landlord filed the suit for ejectment, S.C.C. Suit No.12 of 1984, Dhaka, only on the ground of default on the part of the tenant in paying rent for the months of January and February 1984. Appellant contended t...... the Lease Agreement expired and the reÂspondent proposed renewal of the tenancy on fresh terms and conditions including enhanced rent, the old Agreement would not apply and consequently the date of payment of rent would be governed by s.18 (5) of the Ordinance which provides that in the abÂsence ...... 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..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....en considered without previously informing the appellant of the adverse remarks against which he could make a representation. A little extension of the wellknown rule of natural justice, audi alteram partem — no one should be condemned unheard — does not permit this. Such adverse remarks cannot ......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. SamirudÂdin Vs. State, 1987, 16 CLC (AD)
.... 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 possession could not be accepted beyond reasonable doubt. The party claiming possession in the criminal court is obliged to get the order of injunction vacated in......d posÂsession to the disputed holding on the basis of purÂchase by registered documents. Both the sides adÂduced oral evidence in respect of their possession and the informant party further proved payment of muÂnicipal and other taxes. The learned Magistrate has considered all these evidence but......Âlowed. The impugned orders of conviction and senÂtence 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. ..Category: Criminal Law | Date: | Hits: 59
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....wab Ali who told him that Hakim Ustad and his nephew Abdur Rashid assaulted him with a dagÂger and snatched away the rifle from him. The Ansars fired at the miscreants who fired back and fled away. Apart from Jalaluddin, and the informant, Nazrul Islam, Akram, Sakendar and Bulu rushed to NowÂab Al......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......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..Category: Criminal Law | Date: | Hits: 61
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....annot read 'Chairman' includes 'acting Chairman'. The legislature did not say so. Hence, there is no hesitation in holding that the noconfidence passed consisting of nominated chairman as members who participated in voting but not authorised by law, was not passed validly and legally because the com......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....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 allowing the parties to adduce fur......vidence in respect of the alleged sale of .02-1/2 deciÂmals 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......vidence in respect of the alleged sale of .02-1/2 deciÂmals 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..Category: Property Law | Date: | Hits: 33
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continÂue 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 .........Appellant Vs. State................................................Respondent Judgment August 7, 1988. The Code of Criminal Procedure, 1898 (V of 1898), section 426 The order of payment of fine as a condition of getting bail is not sustainable in law or on the principle of reas......lant will continÂue 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 ..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House BuilÂding Finance Corporation & another, 1989, 18 CLC (AD)
.... 7 of 1973) against the appellant and his son for an order for sale of the scheduled mortgaged properly for realisation of the outstanding debt of Tk. 6, 83,657/70. The said Misc. Case was allowed ex-parte with cost on 3.5.1986. The appellant alleged that he came to know about the same on 20.6.1986.......anr........Respondents Judgment August 21, 1988. Compensation The entire balance amount of loan having been paid in full by the appellant and no outstanding claim remain with HBFC and such payment being made with concurrence of this court, on the contrary the auction purchaser having depo......J Abdul Jalil.................Petitioner Vs. Bangladesh House BuilÂding Finance Corp. & anr........Respondents Judgment August 21, 1988. Compensation The entire balance amount of loan having been paid in full by the appellant and no outstanding claim remain with HBFC and such pa..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ents Judgment August 10, 1988. The Specific Relief Act, 1877 (1 of 1877), Section 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......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 ......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 ..Category: Property Law | Date: | Hits: 75
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....sideration whether any useful purpose will be served in allowing the restoration and no such purpose is apparent on restoration in this case, the court is reluctant to restore and also to relieve the parties from fruitless litigation…………………….(5) Lawyers Involved: Sharifuddin Cha......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105..Category: Procedural Law | Date: | Hits: 96
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....n both the appeals) Judgment February 14, 1989. Result: Both the appeals are allowed. The Evidence Act, 1872 (1 of 1872), sections 13, 43 and 65. The judgment Ext. 7(d) is not inter parties, and ordinarily a judgment cannot be used as evidence against a person who is a stranger the......exclusive possession of the suit land at Feni on the basis of an amicable parÂtition, inducted Mukhlesur Rahman as a monthly tenÂant in a hut on a part of the suit land; on the ground of default of payment of rent Hemendra filed S.C.C. Suit No. 153 of 1960 in the 1st Court of Munsif, Feni, against......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. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....ens the former with dispossession the former is entitled to retain possession. This question was rightly answered by the trial Court and the appellate Court confirming right to retain possession till partition by mets and bounds but the learned Single Judge on an erroneous view of law reversed their...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... any order, unless specifically barred, including an order for re-poll, acceptance/consolidation of result, review etc. on the basis of materials before it. The observance of the rule of audi alteram partem though desirable in some circumstances is not an invariable pre-condition for the validity of......rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
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