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Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
.... Ali & others Vs. District Judge and Settlement Commissioner, Sukkur and others 21 DLR (SC) 139 = PLD 1969 SC 167; Chowdhury Saifuddin Ahmed Vs. Shamsuddin & others 40 DLR (1989) 10; Mt. Kulsoomun Nissa and another Vs. Noor Mohammad @ Sultan Haider and another AIR 1936 (Allahabad) 666; Fi......3 of the Code of Civil Procedure. It is further contended that as there was no application by respondent No. 1 for condonation of delay under section 5 of the Limitation Act the trial Court was not called upon thereof to consider the question of delay and it did not in fact address itself to tha...... 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...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Modern Shipping Agencies………..........Plaintiff-Appellant Vs. Central Inland Water Transport Corporation Limited and another......... Defendant-Respondents Judg..Category: Procedural Law | Date: | Hits: 104
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....ffence 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 had also been alleged that the present petition of complaint is a counterblast to an earlier criminal ca......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...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rahim @ ANM Abdur Rahim ................ ...................Petitioner Vs. Enamul Huq and another... ...............Respondents Judgment May 2, 1991. Lawyers Involv..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
....High Court 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 1...... 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......llenged the order of refusal to grant bail in Criminal Appeal No. 173 of 1990 by the learned Single Judge of the High Court 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 r..Category: Criminal Law | Date: | Hits: 37
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....gistered Kabalas in the name of defendant No. 1 Sarbeswar Ghose. The latter's heirs are respondent Nos. 1 and 2. The suits were compromised between the plaintiff appellant and defendant No. 1 by a solenama dated 22.9.197 11. Both the suits were decreed on compromise against deceased defendant No......Judge: "The expression "proforma defendant" does not appear in any provision of the Code of Civil Procedure; the term indicates that for the sake of form the so‑called proforma defendant was made a party in the suit. In the instant case although no relief has......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. ......lam, 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. (From the judgment and order dated 9.2.1989 passed by the High Court Divisio..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....eir Indian property with the aforesaid premises at 7 Wiseghat Road, Dhaka, which originally belonged to one Akhanda Kumar Bose alias Ajit Kumar Bose. On his death the said property devolved on his son Proddyut Kumar Bose (Respondent No. 5). In the CS Record, it was recorded in the name of Akhand......e set a side. This order dated 28.2.85 had been impugned in the writ petition. 8. Respondent Nos. I and 2 in their affidavit-in‑opposition denied that Akhanda Kumar Bose was also called by the other name i.e. Ajit Kumar Bose, It was stated that the disputed property was requisi......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. ......ity and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....ber, contended that late Priyanath Das and others had taken a pattani howla of the suit land from the Bhulua Zamindars, owners of 11 annas and 5 annas interest in the same. Priyanath Das and others sold the entire pattani howla in 1928 to Fazar Ali and others, predecessors-in-interest of som......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. ......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...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh…………….................Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment August 29, 1990. L..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
....amed in the charge‑sheet were not examined by the prosecution. The learned Sessions Judge acquitted the opposite parties holding that the prosecution failed to prove the case against the accused persons. On appeal the learned Judges of the High Court Division affirmed the order of acquittal as the...... 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......or the petitioner. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
.... 1986.) Judgment Mustafa Kamal J.- 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 misce......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......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Kader Chowdhury..............Petitioner Vs. Nurul Islam and Others.................Respondents Judgment August 7, 1990. Lawyers Involved: Sultan..Category: Civil Law | Date: | Hits: 105
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....in revision upholding the concurrent decision of the Courts below decreeing the suit being OS No. 85 of 1975 of the 5th Court of 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 Ass...... 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. ......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......din Ahmed CJ MH Rahman J AT Afzal J Latifur Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong........................Defendant-Appellant Vs. Most. Sharifjan Bibi an..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....Police Station and informed the police that Halima and tier husband had a quarrel in the afternoon of the 14th Sraban 1388 BS (corresponding to 30.7.81) and that Halima committed suicide by taking poison at 11.00 PM, An UD case was started on that report. On the following morning Halima's two uncles......Mozaffar Hossain Mondal, brother of the deceased, filed a petition of complaint before the Court of Sub divisional Magistrate, Bogra. Subsequently, on the receipt of the post-mortem report the police called the informant PW 1 and recorded the FIR on 16.10.81. 3. The defence case is that Halima Bi......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......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 17th April, 1985 passed by the High Court Division, Rangpur, which, in Death Referen..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....ns Judge, Bhola in Sessions Case No. 19 of 1984. The Sessions Judge convicted fourteen accused including the seven appellants under sections 302/34 of the Penal Code and sentenced them to suffer imprisonment for life with a fine of Tk. 500/- each, in default, to suffer rigorous imprisonment for six ......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......eported 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)
.... in which this Court categorically expressed the view that the Corporation got powers not only to transfer an employee of one Jute Mills to another Jute Mills, both being placed under it, but also got powers to terminate the services of any employee of the Mills placed under it under P.O. 27......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 ......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 ..........................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 power of control, supervision and regulation under article 17(1) necessarily include..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....8) Section 439 In deciding a revision against acquittal the court of revision can legitimately examine whether correct principles 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 be......nt he gave a detailed account of the assault made upon him by the respondents. At about the same time the Office-in-Charge, Islampur P.S. Sk. Abdur Rahman (P.W.14) who came to the Dispensary on being called by the doctor recorded another statement of Shamser Ali Amin which was treated as F.I.R. The ......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 ......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..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....ahjahan Biswas & Others...............Appellants Vs. The State......................................Respondent Judgment July 5, 1988. Criminal Appeal No. 20 of 1986 Proof beyond reasonable doubt in case of conviction - Mysterious death without proof of injury shall not warrant con......e, dated 5 March, 1983 convicting the four appellants under section 302/34 of the Penal Cods, which has been confirmed in appeal by the High Court Division by an order dated 1 February 1984, has been called in question. 2. The four appellants, namely Shahjahan, Munsaf, Anwar and Sultan Sheikh, al...... 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......eal No. 20 of 1986 Proof beyond reasonable doubt 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 circ..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....istant Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record—For the Respondent. Criminal Appeal No. 2 of 1988. Judgment: M.H. Rahman J. — The appellant, said to be a Professor of Mathematics of Guradaspur Degree College, P.S. Gurudashpur, District Natore, was arrested b......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......espondent Judgment: August 22, 1988. Criminal Appeal No. 2 of 1988 The Code of Criminal Procedure, 1898 (V of 1898), section 497 Bail Matter The appellant not being named in the FIR and the investigation could not be completed even after taking time on several occasions by the IO a..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
..... There was a managing Committee for the Mazar of which Firoze Shah Fakir 70 (Deceased) and accused Sorhab were members. The latter is an agnatic cousin of the deceased Firoze Shah Fakir. Fakir was also a 'Khadem' of the said Dargah. Admittedly there was a long standing enmity between Fakir and Sorh......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) ......e...........................................Respondent Judgment July 21, 1988. Criminal Appeal No. 18 of 1985 The Code of Criminal Procedure, 1898 (V of 1898), section 236, 237, 238, 417 and 423 The process of altering a finding in an appeal from conviction must operate only within th..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....o. 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 to the mind of the judge but if there is a long gap between......Miji also lodged an F.I.R. with O.C. Tangibari P.S. on 23.5.85 at his house alleging that at about 9 a.m. on 21-5-85 his brother Nur Mohammad Miji was proceeding towards Dighirpar Bazar when he was called by his friend Salauauddin to the east of Dighirpar Union Board, at that time fighting was a......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......ate & Others..................................Respondents 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 su..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
....e No.161 of 1985 in the Court of Sessions Judge, Netrokona for an offence under section 302/34 Penal Code. They were, however, found guilty under section 147 Penal Code and sentenced to rigorous imprisonment for 2(two) years and a fine of Tk. 1000/- each by judgment and order dated 23.8.86. On appli......hat it cannot be said that the order was a just and proper one. We, therefore, feel n6 hesitation in setting aside the said order. Since the appeal has not been heard on merit an order of remand is called for. 6. The appeal is, accordingly, allowed and the case remanded to the. High Court Divis......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......t Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....rocedure, 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 law or on the principle of reasonableness. The appeal is allowed and the order for payment of fine as a condition for the bail alr......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...... 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 law or on the principle of reasonableness. The appeal is allowed and the order for payment of fine as a condition for the bail already granted is set-aside. Realisat..Category: Criminal Law | Date: | Hits: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....on of limitation. The applications being clearly time-barred, the courts were not obliged to consider the case on merit whether there were irregularities in conducting the sales and the holdings were sold at a low price. The appeal is dismissed…………………(9,11,12) Cases Referred to- 5......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......re deciding the question of limitation. The applications being clearly time-barred, the courts were not obliged to consider the case on merit whether there were irregularities in conducting the sales and the holdings were sold at a low price. The appeal is dismissed…………………(9,11,12) C..Category: Property Law | Date: | Hits: 24
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