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AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
.... dismissed by the impugned judgment. 6. Leave was granted to consider mainly whether the learned Judge of the High Court Division upon a correct appreciation of the facts of the case and the law, particularly sections 18(5) and 19(l)(a)(b) of the Premises Rent Control Ordinance, 1963 (Ordinance ......he law, particularly sections 18(5) and 19(l)(a)(b) of the Premises Rent Control Ordinance, 1963 (Ordinance XX of 1963), briefly the Ordinance, rightly held that the defendant "was not a defaulter in payment of rent at any point of time" and as such the courts below committed error of law in decreei......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....he sentence under section 201 Penal Code to 3 (three) years. 2. Leave to appeal was granted to consider the only contention that in the facts and circumstances of the case, it is the second part of section 304 under which the appellant ought to have been found guilty, if at all, and in th......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....a Private Limited Company (respondent in all the three appeals) for providing average 2-1/2 thick compacted premixed bituminous concrete work on the Airport Road, Dhaka. A dispute arose between the parties over payment of bill of the Contractor-respondent after completion of the work which was r......ited Company (respondent in all the three appeals) for providing average 2-1/2 thick compacted premixed bituminous concrete work on the Airport Road, Dhaka. A dispute arose between the parties over payment of bill of the Contractor-respondent after completion of the work which was referred to th...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....able for eviction from the suit premises. 5. In their joint written statement the alleged of sub‑letting was completely denied. It was stated that Ansar Ali took Sunil as his business partner sometime in 1976 owing to paucity of fund and since then the partnership business of sellin......sp; 2. The plaintiff-appellant Md. Abdur Razzaq @ Md. Raja Miah filed the suit for eviction on two grounds, (i) that tenant-respondent No. 1 Md. Ansar Ali was a defaulter in the payment of rent and (ii) that he sub-set the suit premises to respondent No. 2 Sunil Kumar without......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....c) of the Government Servants (Discipline and Appeal) Rules, 1976. In his reply dated 19th June, 1982, to the charge the respondent denied the allegations stating, inter alia, that he was holding a part‑time job and not a full time job under the National Laboratories Ltd. After more than th......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
.... Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants. ANM Gaziul Huq, Advocate instructed by Ozair Farooq, Advocate-on-Record-For Respondent Nos. 2- 7. Ex parte - Respondent No. 1. Civil Appeal No. 34 of 1986. (From the Judgment and Decree......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... 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. ......ned properties and accordingly called for tender on 2.1.85 through Newspapers. One Syed Altaf Hossain became the highest bidder for the disputed property offering Tk. 84, 00,000.00. He made a down payment of Tk. 11, 80,000/- being 15% of the bid money in favour of the Executive Engineer (Mainten...... 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. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... morgue for post‑mortem examination. PW 1 filed a written FIR to PW 22 SI Atior Rahman at Sindhiaghat Police outpost which was addressed to OC Muksudpur PS and sent there. The case was investigated partly by PW 22 and then PW 23 SI Rawshan Islam after completing investigation submitted charge‑sh...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....al Revision No. 265 of 1988). Judgment: Mustafa Kamal J.-his appeal by leave is by the first party Samirun Nessa arising out of a proceeding under section 145 of the Code of Criminal Procedur...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
.... Judgment October 28, 1990. Lawyers Involved: Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record (In both the appeals) - For the Appellant Ex parte (In both the appeals) - For the Respondents. Civil Appeal Nos. 19 and 20 of 1990. ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....ment which provides as follows: " 12. It shall be lawful for the lessor at any time during the period of lease to determine the lease by a written notice in case any fraud on the part of the lessee is detected or the deed of exchange is found fraudulent and the lessee shall ha......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
..... Bahauddin Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 7-4, 5(a), 5(a) 1 to 5(a) VIII, 6, 9 (Ka) - 9 (cha), 11-12, 13(1) to 13(6). Ex parte - Respondent Nos. 7, 8, 10(a) to 10 (c), 14 to 25. Civil Appeal No. 10 of 1985. ......ees from some of those five persons and some of the plaintiffs are successors to the rest. Thus all the plaintiffs combinedly acquired 16 annas interest in the pattani howla. While in possession on payment of rent the suit lands were diluviated by the river Meghna in between 1351 BS to 1353 BS a......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....on. He pointed out that the defendants neither gave any evidence in support of their case except filing Exts. B and C nor challenged the evidence of the plaintiff by way of cross-examination, particularly as to possession of the plaintiffs and their predecessors‑in‑interest sinc......earned judge of the High Court Division concurred, that the records of the relevant LA Case having not been produced and no proof having been furnished as to the actual acquisition of the land upon payment of compensation the defendants failed to prove their case of "alleged acquisition"...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....ssain Pramanik ..................Respondent Judgment June 27, 1990. Lawyers Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Respondent. Criminal Appeal No. 10 of 1987. (From the judgment and order dated......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. ......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. ..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....contrary he has stated in court that the accused persons attacked his brother and caught hold of him and took him inside the house of appellant Salam Hawlader. This is a very material omission on the part of PW 1 who is an eye witness and was accompanying the deceased at the time of occurrence. He f......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. ......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. ..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....ise to another industrial enterprise both being placed under it, was held to be valid. The learned Counsel has contended that the learned Single Judge misconstrued the relevant provisions of law, particularly Article 17(1) of P.O. 27 of 1972 which defines the functions of a Corporation which nec...... January 1976. On 4 August 1977 he was transferred by the Corporation to its Zonal Office but before he joined there his services were terminated by the Corporation by an order dated 8 August 1977 on payment of 90 days' pay in lieu of notice in terms of his appointment as an employee of the Mohsen......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 ..Category: Employment/Service Law | Date: | Hits: 143
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....ent of sentence. In the result, the conviction the 6 appellants was altered to 302/149 148 Penal Code and sentence was enhanced to transportation for life. The appeal of accused Walia was accepted in part and his sentence was reduced to transportation for life. 16. In the appeal by the accused be......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 ......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 ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....o.5 of 1987. 3. The background of the two cases, briefly, is that J.M.Iqbal @ Bachhu Haider, and accused in case no.4 of 1988, was elected chairman of Dighirpar Union Parishad in 1985. The rival party in the election was that of Zaglul Haldar alias Bhulu. The bitterness created in the election ......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......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..Category: Criminal Law | Date: | Hits: 48
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 ...... The State…………………………..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 supporta......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 ..Category: Criminal Law | Date: | Hits: 56
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....to Dinerdra Nath Ganguli who entered into an agreement on 11.8.19.66 with Dr. Aziz Meser Mohammad Ali for sale of the suit property. Upon execution of the said agreement the plaintiffs were delivered part possession of the suit property. Thereafter on 10.10.69 the plaintiffs purchased the suit pro...... learned Munsif upon a consideration of oral and documentary evidence on record found title with the plaintiffs, relationship of landlord and tenant between the plaintiffs and defendant, default in payment of rent from March 1970 to May 1973 and further requirement of the suit premises by the plai......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..Category: Tenancy Law | Date: | Hits: 106
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