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Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....ivision and obtained leave to appeal. 8. Leave was granted to consider whether the High Court Division upon a correct view of its powers under section 439 of the Code of Criminal Procedure and proper appraisal of the trial court judgment refused to interfere with the order of acquittal. 9.......relating to appraisal of evidence has been fallowed or not, whether some material 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 a......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 ..Category: Criminal Law | Date: | Hits: 53
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
....ng 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. The order is set-aside and the case is remanded to the High Court Division for disposal acco......t Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ....... It is true that the Sessions Judge was not competent to grant such bail under section 426 of the Code of Criminal Procedure since the sentence was in excess of one year. The order was, therefore, illegal but the fact remains that the appellants submitted themselves to the sentence passed and obt..Category: Criminal Law | Date: | Hits: 97
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....] Section 106 The question of title being rightly decided by the trial court on consideration of relevant document which was wrongly rebutted by the learned sub-ordinate judge without controverting properly the findings of the trial court and again judgement of the sub-ordinate judge being set-asi......nt: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kutubuddin Ahmed..................................Appellant Vs Hasna Banu and anr.............................Respondents Judgment June 17, 1986. Civil Appeal No. 27......ammad Ali in whose name the kabalas stand is in any case maintainable on the principle that a benamdar is a trustee for the beneficial owner and he represents the real and beneficial owner and as the legal title is in him he can maintain in his own name a suit for possession. Mr. Khandkar cited th..Category: Tenancy Law | Date: | Hits: 106
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......nwaruddin Ahmed & ors.........Respondents Judgment July 4, 1988 Civil Petition For Special Leave to Appeal No. 102 of 1988 The Union Parishads (Election) Rules, 1983, Rule 70 Practice and Procedure A suit and the writ petition on same subject matter filed on the same day before the......aneous remedies from different forums are not contemplated in law. We do not find any wrong in such an observation. 4. Dr. Hossain has, however, contended that the Election Commission is under a legal obligation to dispose of any matter like this according to 'law in fair and impartial manner a..Category: Election Law | Date: | Hits: 126
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ...... conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the appellants during hearing of the matter before the Minister in spite of clear kno......the appellants during hearing of the matter before the Minister in spite of clear knowledge of everything binds the appellants hand and foot by its own conduct disentitling them form any relief. No illegality has been committed in passing the order by the government and there is no violation of prin..Category: Property Law | Date: | Hits: 34
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....evenue), Rajoir, Madaripur on 9th June 1967 in respect of 9, 14 decimals of land as described in the Kha Schedule land of the plaint in Case No. 1145 R.A. of 1959-60 and the lease granted of the same property on its basis to defendant Nos. 1 and 2 are illegal, void and without jurisdiction. 3. ...... (1988) 257 ......f 9, 14 decimals of land as described in the Kha Schedule land of the plaint in Case No. 1145 R.A. of 1959-60 and the lease granted of the same property on its basis to defendant Nos. 1 and 2 are illegal, void and without jurisdiction. 3. Facts of the case according to plaintiffs are: The dispu..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....ors..........Respondents Judgment May 8, 1988. Criminal Appeal No. 30 of 1983 The Code of Criminal Procedure, 1898 (V of 1898), section 367 Though judgement of the magistrate was not in proper form yet some reasons have been given for acquitting the accused persons. So, there was no mi......me Court Appellate Division (Criminal) Present: Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Nurul Huda…………………………..Appellant Vs. Bhashanu Sardar and ors..........Respondents Judgment May 8, 1988. Criminal Appeal No. 30 of 1983 The Co...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..Category: Criminal Law | Date: | Hits: 50
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....ellant filed Title Suit No. 15 of 1984 in the 1st Court of Subordinate Judge, Barisal for declaration of title and confirmation of possession in the suit land. Appellant's case, inter alia, is that property "ka" Schedule land belonged to one Abdul Malek who sold it to Jahanara Begum, predecessor-i......rder XXXIX, rule 1 No injunction can be granted to a person against: whom a decree has been passed under section 9 of the Specific Relief Act restraining the decree-holder from executing the decree and if an injunction is granted purpose of the suit under section 9 will be frustrated. No injunctio...... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
.... April 1980 when he examined the complainant on solemn affirmation under section 200 Cr P.C. The Magistrate, however, without issuing any process against the accused under section 204, thought it proper to have the matter enquired under section 202 Cr. P.C. After the Magistrate has issued pr......t Vs. Yakub Sardar & others..............Respondents Judgment May 9, 1988. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 436, 439 and 439A That the police have submitted charge-sheet cannot be a ground for dismissing the compla......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
.... such offences are committed in pursuance of a criminal conspiracy spread over a long period of time. A document may be forged for the purpose of producing it in court to support, say, title to a property. For various reasons a proceeding for enforcement of this claim to title under the forged d...... The state & anr…...................Respondents Judgment April 10, 1988. Criminal Appeal No. 4 of 1987 The Code of Criminal Procedure, 1898 (V of 1898), sections 193 (1) (c), 476, 561A and 195(1) (c) If the language of the statute is capable of two or more constructions or if the li...... suit-the suit was filed on 1 June 1975 it could not be said that the offence was committed by a party to the proceeding as contemplated in section 195(1)(c). Leave was granted by us to consider the legality of the order of the High Court Division in view of the fact that judicial opinions are sh..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....e of sustaining the order of conviction. 21. Examining and analysing the oral evidence record, it has occurred to me that both the trial and the High Court Division have apparently to give due and proper consideration to the well-established principles governing appreciation of evidence in a case......ry J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir..................................Appellant Vs. The State................. case was neither in quality or quantity adequate to support a conviction. The Court found that the finding of the High Court with regard to the credibility of this witness was not based on correct legal principles and could, therefore, be legitimately interfered with. 7. In the instant case ..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....till subsisting lease-hold right and interest in the impugned fisheries should not be declared as legal and lawful, or such other or further order or orders passed as to this Court may seem fit and proper." 3. At the same time the learned Judges stayed the operation of the impugned leasing of t......n : 40 DLR (AD) (1988) 213 ......wingly and deliberately leased out the said five Fisheries with respondent No. 5 on 18th July 1985 in flagrant violation of the order of respondent No.2 passed on 10th July 1985 claiming subsisting legal and lawful lease-hold right, interest and possession in the five Fisheries. The learned Judges..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ...... Moslem.................Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) Judgment August 18, 1987. Result: Appeals No. 10 and 11 of 1987 are dismissed with observations. Appeal No. 12 of 1987 is allowed. The Constitut...... discharged from the charge. This period expired in each of these three cases; consequently, it is contended that the impugned orders passed after the expiry of the time limit are invalid having no legal effect. 6. All the Writ-Petitions were contested by the Corporation, (respondent) whose ma..Category: Employment/Service Law | Date: | Hits: 112
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......hers... ..................................Respondents Judgment July 24, 1985. Result: The appeal is allowed. The Attia Forest (Protection) Ordinance, 1982 (XXXIII of 1982), sections 3 and 4(2) The section did not provide anything about the suits already disposed of and even then i......visions of the Ordinance. 7. To decide the point raised in this appeal it is necessary to look into the provisions of section 4(2) of the Ordinance No.XXXIII of 1982. They are: "4. Abatement of legal proceedings.- (1) The Constitution of Reserved Forest as is referred to in section 3 shall..Category: Property Law | Date: | Hits: 63
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....34"; the High Court Division set aside his conviction under sections 436/34 and maintained his conviction and sentence "under sections 302 and 148 of the Penal Code". The sentence is apparently not proper, as it is not stated whether any separate sentence was passed under section 148 of the Pena...... This Case is also Reported in : 40 DLR (AD) (1988) 200 ......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..Category: Criminal Law | Date: | Hits: 67
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....an apprehension of the breach of peace, so he drew up an order under section 144 Cr.P.C. on 26.11.79. Subsequently this proceeding was converted into proceeding under 145 Cr.P.C. and the disputed property was attached and the Circle Officer was appointed as receiver. Both the parties adduced t......im CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Haji Golam Hossain…………………………………….Appellant vs. Abdur Rahman Munshi and others ............Respondent. Judgment March 17, 1986. The Code of Criminal procedure......sions Judge was given power under section 439A Cr.P.C. 10. Next, could the appellant invoke clause (ii) "declaring that any act done, has been done or taken without lawful authority and is of no legal effect". This clause is also not attracted in view of the conferment of jurisdiction by a co..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ...... Vs. Mir Abdus Salam............................Respondent Judgment August 16, 1987. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on......ence of the plaintiff; As such this claim is not sufficient for the trial court to alter its previous finding that the summons was duly served. In the circumstances the trial Court is found to have illegally set aside the ex parte decree……………..(6 & 7) Cases Referred to- Deputy Co..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... 1894. Ref: - His Memo. No. 52/60-1660-C dated 22.2.60. The undersigned is directed to say that lands acquired both under the Land Acquisition Act, 1899 and the E.B (Emergency) Requisition of property of property Act, 1948 for Companies firms and Industrial concerns had hitherto been made ...... K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 25, 1986. The State Acquisition and Tena....... In 1962 plaintiff, however, received a notice from the Revenue Circle Officer as per Memo. No.1207-E 80/58 dated 28.11.60 issued by the Board of Revenue. The Revenue Officer was alleged to have illegally assessed rents under section 50 of the Slate Acquisition and Tenancy Act which, according to..Category: Property Law | Date: | Hits: 47
.... proceedings by whomsoever held, whether judicial or administrative, the principles of natural justice have to be observed if the proceedings might result in consequences affecting "the person or property or other right of the parties concerned." This rule applies even though there may be no pos......ahman J
ATM Afzal J
Sk. Ali Ahmed.....................................................Appellant
Vs.
The Secretary Ministry of Home Affairs, Govt. of the People's Republic of Bangladesh and others.. .................................Respondents
Judgment
July 29, 1987.
Result:
......ellant keeping, himself in complete darkness and then presenting him with a fait accompli. The Government order (cancelling the revolver licence) has been passed without lawful authority and is of no legal effect…………………….(17, 18, 19 & 24)
Cases Referred to-
Godha Singh Jab..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....ment was delivered by the Election Tribunal, Chakaria on 23.12.85. 6. As to the allegation of illegality/irregularity in the conduct of the election the Tribunal found that they were not proved by proper evidence and the issue was answered in the negative. On the basis of recounting of ballots ......udgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the parties, their lawyers and the presiding officers throughout the day with intensive scrutiny. The parties confronted with a......e record having been transferred by the Election Commission to the Upazila Munsif, Chakaria, the judgment was delivered by the Election Tribunal, Chakaria on 23.12.85. 6. As to the allegation of illegality/irregularity in the conduct of the election the Tribunal found that they were not proved by..Category: Election Law | Date: | Hits: 106
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