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Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....tion of Tk. 3, 00,000.00 although the disputed property was sold at Tk. 84, 00,000.00 to the highest bidder. The disputed property, it has been asserted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sale deeds in q......the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has su...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......n in he was added as a co‑plaintiff in the said suit. The aforesaid highest bidder of the disputed property Syed Altaf Hossain was added, on his prayer, as a defendant in the said suit by the trial Court but ultimately this Division set aside the said order on 25.8.86 in Civil Appeal No. 2..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....t time together) was believed and if the intention was proved then the accused would be liable. The learned Chief Justice observed "There was not the slightest warrant for this inference and the right course for the judge to adopt should have been to direct the Jury seriously to apply their min......f the respondents by the High Court Division in appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and then some time thereafter the dead body of the victim is ......he bank of river Kumar) has not been satisfactorily established. There is no evidence, no circumstance proved to show that the respondents were present with the deceased boy when he was murdered at a fairly distant place from Tekerhat bus stand, in all probability in the night following 4.1.79. ...... present case. There, as here, two boys in their teens were charged under sections 302/109 for abetting the murder of a minor boy, Muzammal in nearly similar circumstances. One boy was convicted in a trial by Jury and his appeal was summarily dismissed by the High Court. In acquitting the accused th..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......the respondents. Respondent No. 1, Central Inland Water Transport Corporation Limited, defendant No. 2 in the suit, entered appearance on 28th November, 1980 and filed as many as eight applications for time for filing written statement. The last application for time, filed on 8th April, 1982, was......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ...... Advocate. After inspection of the record the respondent came to know on 2nd March, 1983 about the ex parte decree and filed the Miscellaneous case No. 14 of 1983 on 30th March, 1983. 3. The trial Court allowed the Miscellaneous Case. On the plaintiffs revisional application, Civil Revisi..Category: Procedural Law | Date: | Hits: 104
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....n the averments, inter alia, that the facts disclosed in the petition of complaint do not constitute any offence of cheating as defined under section 415 of the Penal Code. The High Court Division rightly held that the offence has been clearly disclosed in the petition of complaint. 4. It...... 2, 1991. Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-Respondents. Criminal Petition for leave to Appeal No. 26 of 1991. (From the Judgment and order dated 24.2.91 passed by the......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......t had also been alleged that the present petition of complaint is a counterblast to an earlier criminal case filed by the accused-petitioner against the complainant-respondent which is pending for trial before the Upazila Magistrate, Bogra. 5. The High Court Division has rightly held tha..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ......rt Division while admitting the appeal arising out of an order of conviction and sentence under sections 325/34 and 316/34 of the Penal Code sentencing each of them to suffer rigorous imprisonment for one year and also to pay a fine. 2. The prosecution case, in brief, is that on 13.5.87 a...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ......14.5.87 Amena Khatun was recovered by police and she was admitted to the hospital on the same day: On 4.6.87, she aborted spontaneously a dead foetus. On this allegation the appellants were put on trial and convicted and sentenced as aforesaid. The defence case was that the appellants ha..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....ot applicable in the case of Patni Taluk. The suit is barred by limitation. 4. Defendant Nos. 2-15 contended that they were in possession of 5 annas share of the suit lands in their pattani right on the basis of the purchase by their predecessors-in-interest Fazar Mi and others from Priya......d decree of the Trial Court dismissing the suit, is barred by limitation under Article 12(d), alternatively under Article 120 of the First Schedule to the Limitation Act. 2. Facts necessary for the disposal of the appeal are that the suit lands are 22.82 acres of char land at Village Maji......d by section 86A apply to patni taluks as a supplemental provision of the Patni laws. 22. Now as to the question whether section 14 of Patni Regulations applies to this case, it seems to be fairly clear that when a talukdar wants to set aside a sale on the ground that the lands were lost ......a and Basanta on 20.11.1931 and claimed that the said auction purchasers never possessed the suit land. They also supported the plaintiffs' case that the auction sale in 1950 was bad. 5. The trial Court negatived the claim of defendant Nos. 2-15 to the suit land upon discussion of evidenc..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ......gment February 6, 1991. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No. 93 of 1990. (From the Judgment and Order dated 28th October, 1990 passed ...... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ......osite parties and others killed him with a sharp cutting weapons and concealed his dead body under water hyacinth in the WAPDA Canal. On the above allegations the accused opposite parties were put on trial. 3. In this case four prosecution witnesses were examined and the remaining witnesses named..Category: Criminal Law | Date: | Hits: 39
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......ent August 7, 1990. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented - Respondent. Civil Petition for Leave to Appeal No. 157 of 1990. (From the Judgment and Order dated 15-5-90 passed by the Hig......ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......This leave to appeal by the defendant petitioner is from the Revisional judgment of a learned single Judge of the High Court Division, Dhaka making the Rule absolute and setting aside an order of the trial Court cancelling its earlier order dismissing a miscellaneous case under Order IX, rule 13, CP..Category: Civil Law | Date: | Hits: 105
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....f the same to the Railway were taken. We think the submission of Mr. Mozammel Hoq has a good deal of substance. 14. The courts below put too much reliance on the RS and subsequent records of right wherein the names of the plaintiff's vendors and their predecessors‑in‑interest ......Assistant Judge Sadar Chittagong. 2 One Abul Bashar, predecessor-in-interest of the respondents, instituted other suit No. 99 of 1968 in the Second Court of Assistant judge, Sadar Chittagong for permanent injunction against the Chairman, Railway Board and the Government restraining them f......re not sufficient to prove valid acquisition of the land and possession by the Railway. We do not think that due and proper importance was attached to the public documents Exts. B and C which were fairly ancient and thus had sanctity of their own. It cannot be denied however, that there was some......intainable and not barred under Act X of 1953. The learned Judge of the High Court Division found no error in this finding also. The suit was accordingly decreed in favour of the plaintiffs by the trial Court and the decree was affirmed in appeal and then in revision by the impugned judgment and..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....spondent the High Court Division, however, did not advert to that ground. 8. The learned 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...... No. 3 of 1983 with Criminal Appeal No. 66 of 1983). Judgment: MH Rahman J.- The respondent Mofazzal Hossain Pramanik along with four others were tried under sections 302/34 of the Penal Code for killing wife Halima Bibi. He was convicted by the Trial Court under section 302 of the Penal Cod......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......charge sheet only against respondent Mofazzal Hossain Pramanik and submitted final report against all other accused persons. Subsequently the learned Sub-Divisional Magistrate sent both the cases for trial before the Sessions Judge, Bogra. 23. The defence of respondent Mofazzal Hossain Pramanik b..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....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. ......stimonies in court. The learned Judges of the High Court Division have not considered the material discrepancies, contradictions and omissions in the evidence of the eye‑witnesses in their judgment for which an error has crept in the judgment resulting in the conviction of the appellants. In view ......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. ......cted against the order of conviction and sentence passed by the High Court Division (Circuit Bench) Barisal in Criminal Appeal No. 65 of 1985. 2. The seven appellants along with others were put on trial in an offence under sections 302/34 of the Penal Code before the Sessions Judge, Bhola in Sess..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....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 ...... 1985, has answered the question in the negative over turning the trial Court's decision given in Title Suit No. 391 of 1983 of the Sixth Court of Munsif, Dhaka, which was filed by the respondent before us. 2. The respondent, Mohammad Sanaullah, was first appointed as an ordinary employee in th......vision, regulation and co-ordination over all the industrial enterprises under it. In other words, the functions of a Corporation to supervise, control and co-ordinate the activities/business and affairs of an industrial enterprise do not include the power to transfer an employee of one such enter......i, District Gazipur...........Appellants Vs. Md. Sanaullah........................................Respondent Judgment June 13, 1988. Civil Appeal No. 66 of 1986 The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972) Articles 5(a) and 17(1) The ..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....xamining the grievance of the appellant with reference to the evidence on record and circumstances of the case we have come to the conclusion that the ultimate decision of the High Court Division was right, if only lacking in consideration of the grievance on merit. 12. It will be seen that the......rial piece of evidence has been overlooked or misappreciated winch could have a profound bearing on the order of acquittal and things like that. Misappreciation of evidence is not ordinarily a ground for interference with an order of acquittal but to say that misappreciation of evidence is never a s......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......sed 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 the First Court of Additional Sessions Judge, Mymensingh to answer charges under section ..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......ns 148 and 325 and sentenced to 3 years rigorous imprisonment. Accused Kawser Sheikh and Julfikar were convicted under Sections 148 and 324 of the Penal Code and sentenced to rigorous, imprisonment for 2 years while the remaining 8 accused were convicted under Section 148 and sentenced to rigoro......s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291...... in case of conviction - Mysterious death without proof of injury shall not warrant conviction The evidence of the vital witnesses was not shifted and assessed according to rules of evidence by the trial court and the High Court Division. The circumstance in which the victims sustained fatal injur..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......ed Guradaspur Police Station and after overpowering the police on duty looted away some arms and ammunition from there. 2. It is stated by the appellant that in spite of several extensions of time for investigation the charge-sheet has not yet been submitted. The appellant unsuccessfully moved ......al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......larged him on bail. This contention is not opposed by the State. The appeal is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......ppellant. B. Hossain, Assistant Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 18 of 1985. Judgment: A.T.M. Afzal J.- The point for consideration in this appeal by leave is whether in an appeal from conviction, the Appellate Cou......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......nt but he breathed his last there at about 5 P.M. on the same day. Shah Rezaur Rahman (P.W.1), brother-in-law of Fakir, lodged FI.R. and Police upon investigation submitted charge-sheet. 5. At the trial common charges under sections 302/34 and 148 Penal Code were framed against all the seven (7) ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282...... simultaneous trial is that the trials must be held in quick succession so that there occurs an over-all picture to the mind of the judge but if there is a long gap between the two trials the purpose for which a simultaneous trial is held by the same court is almost lost. As bulk of the accuseds in ......etween the two trials the purpose for which a simultaneous trial is held by the same court is almost lost. The appellants by their own act and conduct have brought about a situation in which in all fairness Sessions Case 5/87 cannot be allowed to be taken up for trial by the Sessions Judge, Dhaka ......ndents Judgment June 20, 1988. Criminal Appeal No. 3 of 1988 The Code of Criminal Procedure, 1898 (V of 1898), section 561A Practice and Procedure The requirement of a simultaneous trial is that the trials must be held in quick succession so that there occurs an over-all picture t..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......gment June 20, 1988. Criminal Appeal The Penal Code (XLV OF 1860), section 147 No. 42 of 1986 The Code of Criminal Procedure, 1898 (V of 1898), section 426 Bail Rejection of the appeal for appellants non-appearance at the time of filing of the appeal without giving an opportunity to t...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......f the appeal for appellants non-appearance at the time of filing of the appeal without giving an opportunity to the appellants, to appear before the High Court Division, who are granted bail from the trial court (however wrongly), till filing of the appeal and getting bail, is not just and proper. T..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......………………………..Respondent Judgment August, 1988. Criminal Appeal No. 7 of 1988 The Code of Criminal Procedure, 1898 (V of 1898), section 426 Condition of payment of fine for bail Order for payment of the fine as a condition for the bail is not supportable either in la......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......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: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....n for review of the said order was raised, inter alia, on the ground of limitation. The learned Single Judge observed that when a fraud is committed on a Court, the Court has inherent power to set it right and no order obtained by practising fraud on the court and on the parties should be allowed to..............Respondents Judgment July 15, 1986. Civil Appeal No. 75 of 1984 The Code of Civil Procedure, 1908 (V of 1908) Order XXI, rule 90 The merit of the case could not be considered before deciding the question of limitation. The applications being clearly time-barred, the courts wer......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ...... the applications were not maintainable and barred by limitation, that the appellant knew about the sales and that there was no material irregularity in publishing and conducting the sales. 5. The trial Court and the appellate Court concurrently found that the applications for setting aside the s..Category: Property Law | Date: | Hits: 24
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