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M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......al by special leave arises out of an order passed by the High Court Division in Admiralty Suit No. 2 of 1977 dismissing the application under section 34 of the Arbitration Act filed by the appellants for stay of the proceedings in the suit. Respondent No. 1 filed the Admiralty Suit for a decree f......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......normal voyage is for 8/10 days. The appellants had offered an explanation that the voyage was delayed due to an engine trouble which needs, to be substantiated on evidence and that can be done at the trial. The question of fraud, collusion and conspiracy as alleged by the Respondent No. 1 against th..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......r sentence of the Special Tribunals…….(3) Munim, J. came to the conclusion that the High Court Division under section 561A. can exercise its limited jurisdiction in the proceedings pending before the Special Tribunals. So far quashing is concerned, it could not be said that the prolongat......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ...... be quashed. The argument is misconceived. Whether the statement made by a co-accused is admissible or whether a conviction should be based upon such exculpatory statement is the question for the trial Court to be decided on evidence. It is too early to say whether there is any truth in such sta..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......sult: The Petition is dismissed. The Code of Criminal Procedure, 1898 (Act V of 1898), section 197. Sanction under section 197 Cr.PC. can be obtained after submission of charge-sheet but before the trial commences………….(4) When facts show the commission of an offence it becomes ......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......The Petition is dismissed. The Code of Criminal Procedure, 1898 (Act V of 1898), section 197. Sanction under section 197 Cr.PC. can be obtained after submission of charge-sheet but before the trial commences………….(4) When facts show the commission of an offence it becomes a ‘case..Category: Criminal Law | Date: | Hits: 58
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ...... the appeal. Both the District Judge as well as the learned Judges of the High Court Division are of the view that the Second Miscellaneous Appeal abated as a whole and is under question. 2. Facts for disposal of this appeal are that the respondent brought a suit for declaration of title and re......e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......f this appeal are that the respondent brought a suit for declaration of title and recovery of possession of a certain property. The suit contested by different sets of defendants was decreed by the trial Court. The appellants along with others since deceased, having preferred an appeal against the..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....nsation in this section, we find that it has been provided under sub-section (5) which consists of three clauses. Clause (a) enacts for payment of compensation on agreement and clause (c) as to the right of the contending parties to state their cases before the Tribunal. The provision regarding th......). When no Tribunal has been set up, any reference to the Tribunal under section 93A shall be construed as referring to Court under the Land Acquisition Act, 1894……..(6) There is no scope for invoking the general provision of the Land Acquisition Act, 1894 to invest the said Court with a......ct, 1894 acted as the Arbitrator in the case. The claim was contested by the then Government of East Pakistan contending that the claim was highly inflated; that the Deputy Commissioner awarded a fair and reasonable amount of compensation having regard to the quality of the land, the situation......ds the general provision of the Land Acquisition Act will apply where there is no specific provision in the Town Improvement Act. It was held that as there was nothing specifically said about the trial procedure or the character of the award made by the Court under the Land Acquisition Act read ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ...... the nature of the transfer, any transfer which is a transfer in the eye of law, subject to the limitations laid down in the section, is pre-emptible. ………….(5) Sale in pursuance of a decree for specific performance of a contract is pre-emptible. Provisions embodied in section 26 of the Ben......man of the Council shall be appointed on whole time basis by the Government and the Chairman shall be the Chief Executive of the Council and shall be responsible for the proper administration of affairs of the Council under the direction and the guidance of the Governing Body and in accordance w......Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and Industrial Research and others ............Respondents Judgment April 26, 1979. The Constitutio..Category: Employment/Service Law | Date: | Hits: 130
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......891 of 1978) Judgment: K. Hossain, CJ.— In this appeal the short point involved is whether the learned Judges of the High Court Division in granting stay of the execution of the decree for ejectment of monthly tenant for one year exercised his revisional jurisdiction judicio......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......ctment was that the tenant was in default of payment of rent, sub-letting without the consent of the landlord and for bonafide requirement of use and occupation of the premises by the landlord. The trial Court decreed the suit but on revision the learned Single Judge reversed the finding of bonafi..Category: Tenancy Law | Date: | Hits: 69
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....son interested in the waqf" and that expression has been defined in the definition clause. But if we refer to section 35, we find that along with the Mutawalli the other person who has been given the right to challenge the notification made under section 34 is "any person claiming any interest in th......78. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 of the Ordinance has been inserted in the enrolment chapter. ......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......sts of mosque, dargah and graveyard. The defendant entered appearance and before filing written statement raised the question of competency of suit which has been held against him concurrently by the trial Court and the High Court in revision. 4. The learned Single Judge of the High Court procee..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ...... No. 1, Sylhet, who took cognizance of offences under Section 148/324/431/379 of the Penal Code read with Section 26 of the Special Powers Act, 1974, 2. Facts briefly stated are that on a First Information Report filed with the Officer-in-Charge. Balaganj Police Station, District Sylhet, stating......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......ng contained in the Code or in any other law for the time being in force, a Special Tribunal may take cognizance of an offence, triable under this Act without the accused being committed to it for trial, but shall not take cognizance of any such offence except on a report in writing made by a po..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....is power for trying offences. Mere submissions of charge sheet will not vest such court with jurisdiction which it no longer possesses. Where enactments merely affect procedure and do no extend to right of actions, the pending actions are affected by the new procedure." 8. Reliance was p......ve any retrospective operation on the pending cases………………….(31) per Fazle Munim, J. The High Court Division acted in excess of its jurisdiction in quashing the proceedings before the Special Tribunal which is not subordinate to the High Court Division……………(36) per...... party delivered prejudicial speeches and after announcing the programme of gherao a procession of six to seven thousand people was led by them to the residence of Mansur Ali, Minister for Home Affairs. On being obstructed by the police the processionists resorted to brick-batting and also the u......rties' it will be held to apply prima facie to all actions pending as well as future'' (vide Kinlay v. Draper, 186:5 LR 3 QBD 160 at 163). In the opinion of the learned Judges as "in these case the trial has not started and, therefore, the question of continuing proceedings does not arise". After ..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....ode in view, we find that a residuary provision has been made in this section with regard to interlocutory orders. It first makes an interlocutory order non‑appealable, and secondly, the right to impugn these interlocutory orders is given subject to certain safeguards for an aggrieved ......tituted OS No. 230 of 1969 in the 1st Court of Munsif, Chittagong on 8.9.69 alleging that the defendant was a monthly tenant under him in the suit premises. The tenant defaulted in payment of rent for which the plaintiff instituted the suit for ejectment after determining the tenancy by a notice......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ...... why the written statement of the defendant should not be expunged. On 26.2.70 the defendant filed another petition for time but did not reply to interrogatories. This petition was rejected and the trial Court expunged the written statement and fixed 24.3.70 for ex parte disposal of the suit. O..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....the four impugned Judgments including the Judgment of the High Court Division, and has pointed out that so far as the non-appealing confessing accused, Shafi is concerned, his conviction was based, rightly or wrongly, on his confessional statement, though retracted later on, but as to these three...... whether the High Court Division applied its judicial mind while summarily rejecting an application by the accused-appellants under section 561A Cr.P.C., which sought to quash their conviction for theft on the ground that the conviction was based on no evidence. The impugned order of the Hi......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......ccused Shafi was produced before a Magistrate who recorded his confessional statement implicating himself and these three persons in the crime. In due course all these four accused were sent up for trial which was held by a Magistrate, Second Class, on a common charge of theft against all and a ..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....e Officer, Sudharam as receiver of the said land. The Magistrate, having failed to decide the question of possession between the parties, by an order dated May 31, 1969 directed them to have their rights determined by a competent civil Court with further direction that the order of attachment w......neous Appeal No. 120 of 1974 affirming the order of the Subordinate fudge, Noakhali, refusing to recall appointment of receiver in Other Class Suit No. 137 of 1974. 2. Short facts necessary for the disposal of this appeal may be stated as follows: The appellant, who is the plaintif...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......s allowed and receiver was appointed, who took over charge and also possession of the suit property from the receiver appointed by the criminal Court. The respondent filed an application before the trial Court for recalling the writ appointing the receiver. The trial Judge rejected the applicati..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
.... Ruhul Islam J.- In this appeal by special leave the question for our consideration is whether the right of pre-emption as conferred under section 96 of the State Acquisition and Tenancy Act, 1950 i......from CR 174 of 1977. Judgment: Ruhul Islam J.- In this appeal by special leave the question for our consideration is whether the right of pre-emption as conferred under section 96 of the Sta......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......case land. Their further case is that no notice of sale was served upon them and that in order to avoid pre‑emption the kabala was registered in a different Sub‑Registry. 3. The trial Court allowed the Miscellaneous case being Miscellaneous Case No. 133 of 1973 against the dec..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....in the matter and after restraining the appellant from making any construction over the suit land, the High Court Division passed the aforesaid order in aid of the suit itself. Mr. Syed Ishtiaq Ahmed rightly pointed out that the defendant-appellant has not yet filed his written statement and the iss......nd the lower appellate Court, Additional District Judge, 4th Court, Chittagong; in Miscellaneous Appeal No. 88 of 1990 by Judgment and order dated 12.6.91 rejected the plaintiff-Respondent’s prayer for temporary injunction. In revision, Civil Revision No. 1984 of 1991 dated 11. 11.91, a learned Si......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......11.11.91 passed by the High Court Division in Civil Revision No. 1984 of 1991). Judgment Mustafa Kamal J.- This appeal by defendant No. 1 arises out of a temporary injunction matter. Both the trial Court, Assistant Judge, 1st Court, Chittagong in OS No. 215 of 1989 by Judgment and order date..Category: Property Law | Date: | Hits: 66
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......, Senior Advocate (MA Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petitions for Leave to Appeal No. 76 of 1992. (From the Judgment and order dated 25.11.91 passed by th......ng decision is likely in the other appeal when decided on merit. The impugned condonation of the delay should not therefore be interfered with. 6. The learned counsel has referred to some unfair practices allegedly adopted by the respondent's officers in connection with the property in qu......appeal from an order of the High Court Division dated 25 November 1991, in Civil Rule No. 115(F) of 1990, condoning & respondent‑plaintiff s delay of 576 days in filing an appeal from the trial Court's Judgment and decree, passed in Tide Suit No. 69 of 1981. 2. This suit was tri..Category: Property Law | Date: | Hits: 101
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....idered there would not be any justification in directing retrial since P.W. 1 is the sole witness and his statement before the police is not available. The High Court Division kept in view that the right of cross‑examination on the basis of its previous statements under section 161 Cr.P.C. ......ng the rule absolute and acquitted the accused-respondents who were convicted under sections 395 and 397 of the Penal Code and Special Powers Act, 1974 and sentenced to suffer rigorous imprisonment for 4 (four) years each by a Judgment and order dated 22.7.1977 passed by the learned Special Tribu......ce was that of a single witness but expressed the opinion that there would not be any bar to record conviction upon the statement of such a single witness provided retrial (sic) was conducted in. a fair manner. Repeated demands were made by the accused for the statements under section 161 Cr.P.C.......the accused; (c) The evidence of P.W. 12 shows that the statements recorded under section 161 Cr.P.C. had been lost, (d) the petitioners had already suffered imprisonment as well as hajat as under-trial prisoners and convicted accused for four years. 5. On consideration of these circumst..Category: Criminal Law | Date: | Hits: 48
Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......algun, 1375 BS corresponding to March 13, 1969. They assaulted him and caused his death and concealed his dead body by digging a ditch nearby the west side of the Kendua Kalibari railway line. On information received from GD entry made by Kazi Shamsuddin, P.W. 3 of Jamalpur Police Station, police...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......back with water she saw that appellants pressed Tegu into a ditch. 3. An inquiry was held by a Magistrate, First Class, Jamalpur who committed the appellants to the Court of Session to stand trial under sections 302/34 of the Penal Code. Nine witnesses were examined on behalf of the prosec..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ed Tunu by ramdao. Acquitted accused Latifur gave a gupti blow in his belly and Tunu died. Appellant Khalilur Rahman gave a ramdao blow on the head of deceased Ekhlasuddin which he resisted by his right hand resulting in the severance of his thumbs. Appellant Kawsar Munshi gave a ramdao blow on ......urther to add. Mustafa Kamal J : 36 accused persons, including the four accused‑appellants before us, stood their trial before the learned Sessions Judge, Narail in Sessions Case No. 22 of 198...... Ekhlasuddin was Chairman of Kalia Pourashava for 2½ years and at the time when he was deposing he was Commissioner under Chairman P.W. 1 Tuku. The learned Deputy Attorney‑General has fairly submitted that there is no corroboration by P.W. 11 as to the alleged eye‑witnesses ha...... Mustafa Kamal J : 36 accused persons, including the four accused‑appellants before us, stood their trial before the learned Sessions Judge, Narail in Sessions Case No. 22 of 1986 variously under sec..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ...... MH Rahman J.- On June 5, 1981 P.W. 1 Nur Mohammad lodged an information in the Nalchity Police Station, alleging, inter alia, that while he and his elder brother......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......hin time, prescribed under section 339C of the Code of Criminal Procedure. 4. The appellants along with sixteen others were charged under sections 301/148/149/ 448/34 of the Penal Code. The trial Court convicted the appellants under section 304 Part 1/109 of that Code. The High Court Div..Category: Criminal Law | Date: | Hits: 40
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