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S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
.... to the School, set on fire the Labour Quarters of the said Engineering Works, broke open the tock of the go-down of the Workshop and tooted away valuable machinery parts worth Tk. 4,00,000/- and also took away cash of Tk. 50,000/- from the Office room. The police after investigating the case subm......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......cessary to determine the issue. The appellants have of course produced an order of temporary injunction against the complainant's party; this must be considered along with other evidence during the trial. Their application for quashing the proceedings is found to have been rightly refused by the H......lso reported in: 42 DLR (AD) (1990) 62. ..Category: Criminal Law | Date: | Hits: 39
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
.... security. 2. There is a claim and counter-claim between the petitioner and the Agrani Bank. Petitioner filed a suit claiming a sum of Tk. 75,55,020.28 paisa after adjustment. The defendant Bank also filed a money suit for realization of Tk. 94,64,543.32 paisa. The suits are pending. The plaintif......d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......alization of Tk. 94,64,543.32 paisa. The suits are pending. The plaintiff-petitioner filed an application for mandatory injunction for return of the pass book deposited with the defendant bank. The trial Court allowed the application for mandatory injunction in modified form and directed the Bank ......d in: 42 DLR (AD) (1990) 60 ..Category: Banking Law | Date: | Hits: 99
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
....id not interfere with the appellate Court's decision. The impugned order of the High Court Division is dated 21 May 1986 made in Civil Revision No. 785 of 1982 (Barisal). 2. Widow Manikko Bewa sold property No.1 Schedule 'Ka' by a sale deed dated 19 March 1926 to the predecessor of respondent...... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ......petitioner is a reversioner under the Hindu Law. His suit challenging the alienation by a widow of the property left by her late husband has been dismissed by the appellate Court on setting aside the trial Court's judgment. The High Court Division in revision did not interfere with the appellate C......er Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Hara Kumar Kapali alias Bepari........................................Plaintiff-Petitioner Vs Sreemati Sundari Kapali and others............................Defendants-Respondents Judgment June 6, 1989. Resul..Category: Family Law | Date: | Hits: 157
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
....de of Civil Procedure, 1908 (V of 1908), section 11, Explanation IV The High Court Division found that the earlier suit for declaration of title failed not primarily because it was not by the proviso to section 42 of the Specific Relief Act (for want of future relief) but because the plaintiff fa...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......t. Their case was that they took lease from the Government and the Government collected the price of borga crops of the suit land ever since they were inducted into possession of the suit land. The trial Court considered the evidence and noted the admission of the plaintiffs that the defendants ......reported in: 42 DLR (AD) (1990) 57. ..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....es and bounds". 4. Now there is no controversy as to the issues and points raised and decided in the suit and the appeal. The plaintiffs share as declared by the High Court Division finally is also not in question. 5. But leave has been obtained on a technical point alleging error and incomp......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......e suit by judgment and decree dated 23.6.79. On appeal by the defendant-appellants, the High Court Division, Dhaka by the impugned Judgment and decree dated 22 March 1984 modified the decree of the trial Court by holding that "the plaintiff do get a saham of .1062-1/2 acre of land out of "A" sched......also reported in: 42 DLR (AD) (1990) 55. ..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....1509 of 1968. 2. The plaintiff-respondents instituted Title suit No. 22 of 1962 in the Court of Munsif, First Court, Sadar, Sylhet for partition of the undivided family homestead in the suit and also prayed for purchasing the share of defendant No. 1, a stranger-purchaser of a portion of the suit......operty remained undisturbed when the suit was filed in 1962. There is no time limit for filing an application under section 4 of the Partition Act. In the instant case the plaintiffs' claim cannot be called stale. The defendant's claim of continuous possession since purchase would be of no consequen......hat the plaintiffs' claim was excessive and section 4 of the Partition Act was not applicable in this case. 4. The suit was once decreed on contest but on appeal the matter was remanded to the trial Court. Thereafter the suit was again decreed by the trial Court. The trial Court found that de......o reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....he petition is dismissed. Circumstantial evidence If the witnesses examined to prove the circumstances are found to be unreliable or their evidence is found to be unacceptable for any other reason the circumstances cannot be said to have been proved. The High Court Division gave good reason o...... Respondent and two others were put on trial in the Second Court of Additional Sessions Judge, Sylhet on the aforesaid charge on the allegations that at about 8-30 p.m. on 31-7-76 the respondents called away deceased Motahar from his house and he never returned, that on the following day brother......l dated 7 August, 1985 passed by the High Court Division (Sylhet Bench) in appeal acquitting the respondent of the charge under sections 302/34 Penal Code. 2. Respondent and two others were put on trial in the Second Court of Additional Sessions Judge, Sylhet on the aforesaid charge on the allega......ate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The State………………........…...Petitioner Vs Arman Ali and others..................Respondents Judgment June 11, 1987. Result: The petition i..Category: Criminal Law | Date: | Hits: 43
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
.................Respondent Judgment April 12, 1989. The Code of Civil Procedure, 1908 (V of 1908) Order IX, rule 13 After considering the facts and circumstances of the case the court found some substance in the contentions of the appellant and hence set aside the judgments and orders of t......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......e, Mymensingh be restored to its file and number. The appellant is, however, to pay a sum of Taka 2,500/- towards the respondent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in......ellant Vs Nurul Huq (Md.)............................Respondent Judgment April 12, 1989. The Code of Civil Procedure, 1908 (V of 1908) Order IX, rule 13 After considering the facts and circumstances of the case the court found some substance in the contentions of the appellant and..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....implicating an accused in an offence absence of proof of motive is not material. In the present case it is not correct to say that there is no material on record to show that the appellants had no reason to kill victim Siraj Ahmed………………(45) The Evidence Act, 1872 (I of 1872), sections......illage; his brothers including P.W.5 Farid Ahmed are still living there. The house of his father-in-law is on the western side of the village, the distance between the two is about a mile. A road called Abdul Hakim Chowdhury Road, running from east to west connects these two houses; in-between, ......ivision made no departure from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in pointing out that both law and fact were common causalities in the judgment of the trial court vitiating the order of acquittal. All the 'epithets' found in the first paragraph of the......ported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....it was omitted in the order sheet or in the judgement. No objection has been raised on this issue during trial or afterwards before hearing before this court. Under the circumstance such objection in so belated stage is not sustainable and the conviction is upheld. Lawyers Involved: Md. Fazlul ......therefore, granted to see whether the entire trial was vitiated in the absence of sanction as prior sanction is a mandatory provision of law in a case like this. The original record of the case was called for and on perusal thereof it is found that the order of sanction along with letter from th............Respondent Judgment March 5, 1989 The Criminal Law Amendment Act, 1958 (XL of 1958), section 6 The order of sanction was there along with the charge-sheet prior to beginning of the trial of the accused under the Criminal Law Amendment Act, 1958. Such requirement of law was fulfill...... in the judgement. No objection has been raised on this issue during trial or afterwards before hearing before this court. Under the circumstance such objection in so belated stage is not sustainable and the conviction is upheld. Lawyers Involved: Md. Fazlul Karim, Senior Advocate instructed by..Category: Criminal Law | Date: | Hits: 41
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
.... The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(3) The only question is when the section is applicable. It can come into operation only if the tenant has not only sub-let but also transferred such commercial undertaking together with the premises to the third person, that such......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......78 in the 1st Court of Munsif, Dhaka against the defendants for ejectment from the suit shop on the ground of being defaulter and for her own bona fide requirement. The suit was contested and the trial Court decreed the suit and found the defendants as defaulter and also for sub-letting the pr...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Begum Motia Akhtar Khanam.................................Plaintiff-Appellant Vs. Shawkat Ara and Others...............................Defendant-Respondents Judgement June 11, 1989. Re..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....sion, Rangpur Bench, in Criminal Revision No. 243 of 1982). Judgment: A. T. M. Afzal J.-The accused-appellant has been convicted for an offence of theft, having denied for a while receipt of some overpayment from a Bank in encashing a bill, and, the money having been recovered from him shor......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ...... Police had arrested the accused and recovered the 100/- rupee notes amounting to Tk. 7100/- as per the statement made by the accused himself. Following usual investigation the appellant was put on trial before a Magistrate, First Class, Thakurgaon on the aforesaid facts for an offence under secti......3 ..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....) In this case "robbery" and "unauthorised possession of fire arms" are not the offences of same nature as contemplated in these two sections. Rather, these are two distinct offences for which a person may be charged for each of them as provided in section 235(1), Cr. P.C. It is clear that trial o......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ...... same nature as contemplated in these two sections. Rather, these are two distinct offences for which a person may be charged for each of them as provided in section 235(1), Cr. P.C. It is clear that trial of an accused for one distinct offence will not stand in the way of his subsequent trial for t......AD) (1990) 22 ..Category: Criminal Law | Date: | Hits: 44
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....e Jamini Kanta Sen who bequeathed the same to Sabitri Bala Dey. Upon Jamini Kanta's death Sabitri obtained a probate and entered into possession. On the death of Sabitri Bala, defendant Nos. 1-4, sons of Sabitri's brother, came to possess the suit land. Plaintiffs in good faith believing that ......tly, contended that when a court guardian was in fact appointed to represent the minors in the appeal and the said court guardian represented the minors, the order of remand as made was totally uncalled for. The learned Counsel further submitted that the said minors having filed a sworn petition......peal No. 499/84, from the said judgment and decree. It was contended by them in the appeal that defendant Nos. 7-9 (respondents 6-8 herein) who were minors were not represented by any guardian in the trial court. On behalf of the plaintiffs it was submitted that no relief was prayed for against the ...... Though in the suit no court guardian was appointed on behalf of the minor proforma defendants against whom no relief was claimed, at the appellate stage court guardian on their behalf was appointed, and the court guardian submitted a report after corresponding with the natural guardian and perusal ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... The election of a candidate could not be challenged under Article 102 of the Constitution but when the candidate after being elected assumes the office of chairman or other public office then any person can invoke the provision of sub-article 2 (b)(ii) of Article 102 requiring him to show under wha......he loan on the application of the appellant dated 20.1.87 the disputed question of the appellant's being a defaulter within the meaning of the Ordinance takes a new dimension which we do not feel called upon to discuss. For the present, we are clearly of the view that the writ petition was not...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......nt: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Farid Mia (Md.)......................................Appellant Vs Amjad Ali (Md.) alias Mazu Mia and Others...............................Respondents Judgment April 2, 1989. Result: Th..Category: Election Law | Date: | Hits: 130
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....iff-Respondent. Judgment December 13, 1988. Result: The Rule is discharged. The Constitution of Bangladesh, 1972, Article 104 This case is for transfer of the suit at Dhaka from Jessore on ground of inconvenience. Transfer of a case does not come within the ambit of article 104 of......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ...... Shahabuddin Ahmed J.- This rule was issued calling upon the respondent to show clause why Money Suit No. 7 of 1984 pending in the Court of Subordinate Judge, Jessore, should not be transferred for trial to the Third Court of Subordinate Judge, Dhaka. 2. Petitioner filed Money Suit No. 177 of 1......Mills Limited, for recovery of Tk. 5.25 lacs on 24 November 1984. The respondent filed Money Suit No. 7 of 1984 in the Court of Subordinate Judge, Jessore, against the petitioner for Tk. 19.62 lacs and odds on 5 December 1984. The petitioner alleged that respondent's suit was filed just to avoid t..Category: Procedural Law | Date: | Hits: 110
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....7. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehension of delay in starting trial ......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......ections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehension of delay in starting trial of the case for various reasons and on that ground the appellants are granted bail till trial ......1, 1987. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehension of delay in starting ..Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
.... & 18) The Penal Code, 1860 (XLV of 1860), section 99 Though victim Afzal was restrained by an order of injunction at the instance of the appellant Mir Ali but he violated the said order by sowing ‘kaun’ in the land and after two months appellant went to plough the land to destroy the ......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......he conviction of the appellants and the sentence passed on them by the Additional Sessions Judge, Rangpur, under sections 302/34 of the Penal Code in Sessions Trial Case No. 722 of 1982. 2. At the trial the informant P.W.1 Sufia Khatun, the wife of the deceased Afzal @ Tara Mia Master, gave the......se is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....y inheritance in Plot No. 2085 of the Khatian constituting the "holding" transferred and secondly, Nurul Islam was himself the actual purchaser under the kabala in question in the benami of his sons, the pre-emptees; but Nurul Islam was not made a party to the application for pre-emption, and ......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......d pre-emption of a land transferred by a kabala dated 18 November 1975, by their co-sharer, Opposite Party No. 4 in the said case to these appellants, strangers, without giving them any notice. The trial Court by an order dated 22 February 1980 allowed the pre-emption case; but on appeal, Miscella................................ Appellants Vs Akhtaruzzaman & Others ..................Respondents Judgment March 29, 1989. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....en dealt with, the present appeal stands in a narrow compass. 2. Facts in brief are that a First Information Report was lodged by the Appellant with the Bhandaria Police Station alleging that his son Harunur Rashid had been murdered by the accused Respondents along with some others on 23-7-71. C......fore unable to entertain Mr. Khandker's submission. 8. Before parting with this appeal it is observed that the learned Judges of the High Court Division before concluding has made the following uncalled for observation: “If during the proceeding of the trial against the rest of the accus......re parting with this appeal it is observed that the learned Judges of the High Court Division before concluding has made the following uncalled for observation: “If during the proceeding of the trial against the rest of the accused persons evidence does forthcome involving the complicity o...... Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
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