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Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
.... FIR is not a piece of substantive evidence but may be used for corroborating or contradicting the maker only. omission in the FIR of the fact leading to recovery of the dead body, could not be a reason for discarding the evidence of the witnesses on that point nor the same made the prosecution cas......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ...... relevant time and thus he was obliged to give an explanation as to how his wife had met with her death although normally an accused is under no obligation to account for the death for which he is on trial. The consideration is bound to be different in a case like this……………..(16 & 17) Th......the accused himself in his confession gave detail of the story even though it is not in the FIR. The two witnesses being disinterested persons, they have no animus against the appellant or his family and as such there is no reason to disbelieve their testimony as to the recovery of the dead body by ..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....t land alternatively for recovery of possession together with a prayer for declaration that the Nirupannama dated 14.3.37 was illegal, null and void and not binding on the plaintiff. Plaintiff is the son of Tripura. The land originally belonged to one Lakshmi Charan Bartia who died leaving behind a ....... On Tripura's death her interest devolved upon her sister Pramila for life time. Pramila died in 1937 leaving behind five daughters, defendant No. 2 and others. Pramila Sundari executed a document called Nirupannama in favour of the Chief Priest of Lakshmi Bihar. This document was assailed by the......d their interest. The defendant threatened the plaintiff with dispossession and hence the suit. 4. Defendant resisted the suit and contended that the plaintiff is not entitled to any relief. The trial Court found that the plaintiff is out of possession of the suit land and his remedy is to brin......ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Karatala Lakshmi Bihar represented by Dharmadarshi Bikshu being dead Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors......Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....r grandfather not having been born in the territories now comprising Bangladesh nor he being a permanent resident of such territories on this 25th day of March, 1971 nor he having continued to be so resident, Article 2 of P.O. No. 149 of 1972 was/is not applicable to him and as such Article 2A, ......he Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following order :- 1. (1) This Order may be called the Bangladesh Citizenship (Temporary Provisions) Order, 1972. (2) It shall come into ......as at war with or engaged in military operations against the People's Republic of Bangladesh; (ii) any property taken over under the Bangladesh Taking over of Control and Management of Industrial and Commercial Concerns Order, 1972 (Acting President's Order No. 1 of 1972) but does not incl......t of Bangladesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) A..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....o. 1, has arisen out of a suit for partition. 2. The admitted case of the parties is that the suit holding, C.S. Khatian No. 184 of Mouza Alukdia of Bagerhat, was recorded in the names of five persons Babu Khan had 8 annas share; Miajan Khan and Alimuddin Khan had 3 annas and odd each; and Baru ......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......arded as conclusive proof and it is open to the party to show that it is untrue. To adjudicate upon the contention of admission in the plaint of the former suit, this matter should be remanded to the trial court to decide on evidence to ascertain identity of the disputed plot to verify truth or othe......nce Act, 1872 (I of 1872), section 17 An admission made by a party in a plaint is admissible as evidence against him in other actions but such admission cannot be regarded as conclusive proof and it is open to the party to show that it is untrue. To adjudicate upon the contention of admissio..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
...., section 18(5) No implied contract either can be said to have been created simply by the fact of payment and acceptance of rents for several months at a time. Such irregular payment did not also constitute a waiver of the right to receive rents as per provision under section 18. The appellan......ayable." If this time-limit has to be varied by a landlord and his ant, it obviously implies something in writing, which is not the case here. Moreover, defendant-appellants tried to establish the so called contract by referring to the practice of the parties of payment of rent in lump-sum amount an....... Since then defendant-appellants have been regularly depositing the rents with the House Rent Controller and hence they are not defaulters and not liable to be evicted. The suit was decreed by the trial court but on appeal it was dismissed by the first appellate Court Plaintiff-respondent, howe......is Case is also Reported in: 40 DLR (AD) (1988) 109 ..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....rate in accordance with the requirements of law, and not being incriminating in nature, the extra-judicial confession made by one of the accused to the villagers and chairman not being reliable and also considering other facts and circumstances the learned Judges of the High Court Division having ac......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......the statement he (Joynal) found out those three bags containing a person's dead body which was identified as that of Wazed. The police investigated the case and sent up the accused persons to stand trial on charges of murder of Wazed and concealment of the dead body. Defence was total denial of ......n (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J A.T.M. Afzal J The State……………………Appellant Vs. Abdur Rashid Piada alias Abdur Rashid Sardar and others..............Respondents Judgment July 27, 1987. The Code of Criminal Procedure..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....by special leave. The question raised is whether the High Court Division ought to have made an order of remand in the interest of justice as prayed for by the appellants. 2. Md. Hamed Ali, predecessor-in interest of respondent Nos. 1(ka) to 1(chha) filed partition Suit No. 61 of 1972 in the Fir......ade in the written statement are not evidence, that defendant No.2-7 having taken no step to connect their documents with the written statement case by examining any witness the courts below were not called upon to express any opinion merely upon the recitals of those documents and that in the absen......d with permission to examine witnesses in support of the document already proved. However the Heba-Bil-Ewaj having been disbelieved by the courts below concurrently shall not be reopened in the fresh trial…………………..(11 & 12) Lawyers Involved: T. H. Khan, Senior Advocate, instructed......der Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 ..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....e and be concluded before the 31st December, 1983; and if such trial cannot be concluded before that date, further proceedings in respect of the trial shall stand stopped and the accused person released." This time limit was extended from time to time and the last date for conclusion......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ...... Vs. Madhu Mirdha..............Respondent Judgment August 18, 1987. The Code of Criminal procedure, 1898 (V of 1898), Section 339C read with Ordinance No. 37 of 1983 Time limit for trial was extended from time to time and the last date for conclusion of trial was on 30/06/1985. Th......spondent Judgment August 18, 1987. The Code of Criminal procedure, 1898 (V of 1898), Section 339C read with Ordinance No. 37 of 1983 Time limit for trial was extended from time to time and the last date for conclusion of trial was on 30/06/1985. The order being passed on 19/03/1995 du..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
...............Respondent Judgment April 10, 1986. The Code of Criminal Procedure, 1898 (V of 1898), Section 339C. The District and Session Judge not being the presiding judge of the court (reasons being not explained) for 53 days and the court being presided by some other judge not being the......referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......vision dated 2 February 1986 summarily rejecting their application under section 561 A, Crl.P.C.for quashing the proceedings in Sessions Trial Case No.29 of 1985, Noakhali. The petitioners are facing trial on a charge of murder in the said proceedings. They alleged that the trial was not concluded w......88) 97 ..Category: Criminal Law | Date: | Hits: 52
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amount to waiver so as to entitle him to the protection against the consequence of default, that is, eviction……......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......foresaid suit was filed to pressure for enhancement of existing rent and the appellant was not liable to pay compensation. The suit was, therefore, liable to be dismissed. 4. On 26th December 1979 trial court decreed the suit for ejectment directing the appellant to hand over vacant possession of......dgment February 12, 1986. The Premises Rent Control Ordinance 1963 [XX of 1963], Section 18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amou..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....) Judgment June 22nd 1987. The Constitution of Bangladesh, 1972 (as amended), Article 10 The constitutional obligation of the Appellate Division is to do complete justice and in doing so for the interest of justice and to clarify the factual position correspondence made between the p......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......ify the factual position correspondence made between the parties in the disputed matter and other relevant papers should be taken into consideration even though those papers were submitted before the trial court after the evidence was closed and those papers thus not taken into evidence. The case is......s also Reported in: 40 DLR (AD) (1988) 86 ..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
.... prima facie apparent. Even otherwise it can be said that the act was done with the intention of causing such bodily injury as the offender knew to be likely to cause the death of the victim. It is also clear that the act was done with the intention of causing bodily injury to the deceased and the b......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......He obtained leave to appeal to contend that he ought to have been convicted for culpable homicide and not murder. 2. Facts of the case are as follows: Appellant along with three others were put on trial before the Additional Sessions Judge, Rangpur for an offence under sections 302/34 Penal Code ......June 17, 1987 The Penal Code, 1860 (XLV of 1860), Section 300, Exception 4 read with the Evidence Act (I of 1872) Section 105 The Penal Code, 1860 (XLV of I860), section 300, Clauses 1, 2, and 3. The weapon used was a lethal one and the injury, grave in nature, was caused on the v..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....he names of the defendants be recorded as in forcible possession from 1359 B.S. and as that order was passed on 25th March, 1959 corresponding to 11th Chaitra 1359 B.S. the learned Munsif for good reason observed that it could not be held that the plaintiffs bargadar left the suit village later than......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......ants Nos.1-7; that they have possessed the same from the nine of their ancestors and that the decree in Title suit No.5 of 1950 is collusive, fraudulent and not binding upon the defendants. 5. The trial court rejected the defendant's claim of title by inheritance, found the plaintiffs title in th......fzal J Afroz Rashid Chowdhury alias Afrozur Rashid Chowdhury…...............Appellant Vs. Fazlul Karim Tarafder, being dead his heirs: 1(a) Jahanara Begum, wife. 1(b) Rupa (Minor) Daughter and others........................................Respondents Judgment February 17, 1988. R..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
.... set aside the judgment and decree of the courts below and decreed the plaintiff’s suit with direction to give him possession on eviction of the defendant appellant and accordingly, made the rule absolute. 5. Leave was granted to consider the question when the possession of the defendant is est......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......rt, Dhaka. 2. Respondent filed Title Suit No. 355 of 1976 for mere declaration of his title to the suit land and by subsequent amendment of the plaint he prayed for permanent injunction. 3. The trial court dismissed the suit and found that the plaintiff never had got the possession of the suit......n Act, 1908 (XVI of 1908) Section 47 The Transfer of Property Act, 1882 (IV of 1882) Section 53A Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975, but the defendant's document relates back..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....th 1987. The Code of Criminal Procedure, 1898 (V OF 1898), Section 561A A proceeding is liable to be quashed when the allegation upon which it is based is, on the face of it, groundless or so preposterous that no man of ordinary prudence will take any notice of it. Mere delay in lodging a......ns for delay are unconvincing. The argument has force. The occurrence took place in 1973 and not a word of this occurrence was told to anybody. No G.D. entry was filed in this case nor was any salish called for. Not even a petition of complaint was filed in Court against the accused appellants. Betw......s for the prosecution to prove their case beyond reasonable doubt by adducing all the evidences at their disposal: whether such evidence can be relied upon is a matter which will be considered by the trial Court……………………….(11) Cases Referred to- Farruk Ahmed vs. Abdul Kader 38 ......40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
....ndents
Judgment
August 24, 1987.
Words and Phrases
Inchoate right means a right that has just begun but not yet developed into maturity. Protection of inchoate right of the tender may be sought when any other tender is, accepted in violation of the conditions of the tender forum. The ap......erms of the Tender notice it is liable to be rejected whereupon the appellant’s offer being valid and next highest, he has got the right to purchase the vessel. This right is, in legal terminology, called "inchoate right" which may be protected by an injunction. In support of this contention the l......
Shahabuddin Ahmed J. - This appeal by the plaintiff is directed against the High Court Division's order in revision refusing temporary injunction upon setting aside the concurrent decision of the trial court and the appellate court which had earlier granted the same. The impugned order of the Hi......
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
MH Rahman J
ATM Afzal J
Mozher Sawdagar ................Appellant
vs.
M.Zahirul Alam, General Manager, Bangladesh Shipping Corporation and others…....Respondents
Judgment
August 24, 1987.
Words and Phrases
Inchoate right..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....justice. 7. The learned Counsel placed before the court the notice in "Form umo”. This notice is under Rule 10(1) of the Requisition of Property Rules 1948 for the purpose of ascertaining the person or persons to whom requisitioned property on release is to be restored. This notice was issued o......de-requisitioned, nothing further was done and no enquiry was either held as contemplated by rule 10(2). Therefore, it cannot be said that any right had accrued to the appellant which should not be recalled. Earlier order of the Government could be modified and recalled for which no exception could ......ts of this case, we are clearly of the opinion that as a result of cancellation of the notification under Acting President's Order, certain rights have accrued in favour of the owners of the Industrial concern in question and such rights can not be taken away by the exercise of locus poenitent...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....nt of Labour (Standing Orders) Act, 1965 (VIII of 1965), Sections 17 and 25 The Specific Relief Act, 1877 (I of 1877), section 42 (i) Mere designation is not sufficient to indicate whether a person is a 'worker' or an 'employer', but it is the nature of the work, showing the extent of his auth...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......rt Division's order dated 7 July, 1985 in Civil Revision No. 73 of 1984 refusing to interfere with a decree of the appellate court. By that decree the appellate court on reversing the decision of the trial court declared invalid the appellant's order dismissing the respondent from service under the ......t Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Senior Manager, M/s. Dosta Textile Mills Ltd., Ranirhat, Feni and others. .......Appellants Vs. Sudhansu Bikash Nath ...............................Respond..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....t Judgement July 5, 1987. Result: The appeal is allowed. The Penal Code, 1860 (XLV of 1860), Sections 302/109 and 148 Considering all this unpractical and impossible things any reasonable mind must at once re-act to the apparent unreality and artificiality, of the whole prosecuti......in and others ran away to their homes and reported to Jamshed's wife Khodeja Bewa (P.W. 15) about the incident. 5. The miscreants took Jamshed and Mobarak to the other side of the river at a place called Char Khidirpur. There Mobarak was kept at a place while Jamshed was taken away at some distan...... High Court Division (Rangpur Bench) in appeal upholding the conviction and sentence of the appellants under sections 302/109 Penal Code. 2. The appellants along with forty (40) others were put on trial before the Additional Sessions Judge, Rajshahi. Forty two (42) accused persons including the p......d. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....XX OF 1963) Section 18 (1) (5) The Transfer of Property Act, 1882 (IV of 1882), S.106 When the tenancy itself which was created in favour of defendant No. 1 by the appellant's predecessor was terminated, a sub-lease in favour of defendant No. 2 by the tenant cannot be said to have su......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......er, found that the suit for eviction was not maintainable against defendant No. 2 who is neither a sub-lessee nor a tenant under the plaintiff and accordingly set aside the judgment and decree of the trial Court. 5. The present appellants who are the heirs of the plaintiff Abdul Aziz Bepari moved...... Reported in: 40 DLR (AD) (1988) 36 ..Category: Tenancy Law | Date: | Hits: 95
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