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Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....se given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......vour of Mai Miah alone. Ext. A (2) is a kabala dated 17th Falgoon 1323 BS in favour of Mati Miah alone for 'Kha' schedule land. The lower appellate Court also noticed that Mati Miah during his life time mortgaged property Nos. 2 and 4 of 'Ka' schedule and the property of ‘Kha' schedule to o......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....y related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ...... house of accused Yunnus. The prosecution has led evidence that PW 1 and others in the early morning went in the house of accused Khokan and Shah Alam and found them absent. Further, in the 'Sehri' time these two accused petitioners were found moving in the street and their presence in the untim......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 49
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......Government the impugned documents will be treated as void ab initio and they cannot support any claim of title. It is for the Government to take recourse to legal procedure as may be available for recovery of possession from an unauthorised occupant if it can be established by the Government tha...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......ents by the High Court Division in appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and then some time thereafter the dead body of the victim is found out. Mo......of a minor boy had been found at Takerhat sent his men including PW 14 Kazi Walied and his another son Nannu (since dead) who came back to Noaparaat about 9‑00 PM and informed PW 1 Sattar about the recovery of the dead body of Khairul Alam. PW 1 could not go to Takerhat during the night as bus was...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....ending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......respondents. Respondent No. 1, Central Inland Water Transport Corporation Limited, defendant No. 2 in the suit, entered appearance on 28th November, 1980 and filed as many as eight applications for time for filing written statement. The last application for time, filed on 8th April, 1982, was re......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ..Category: Procedural Law | Date: | Hits: 104
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... 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. ...... 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. ...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 37
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....ly, 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. ......fault of compliance with certain directions in certain legal proceedings. Article 3 of the PO No. 12 reads as follows: "Notwithstanding anything contained in any other law for the time being in force, all judgments, decrees or orders passed ex parte by any Court or Tribunal or ......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. ......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. ..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....t 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. ......t to the Government (Annexures H and I). 6. In April, 1984, the appellants applied to the ADC (LA) Dhaka for de‑requisition and restoration of possession of the said property. At that time Mr Amanullah Chowdhury. Secretary, Bulbul Lalit Kala Academy, filed a petition on 28.2.84 (Ann......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. ......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. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
.... 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. ......imitation? If it applies, does the suit become void or voidable? Is Article 12(d) applicable to a void or voidable sale? Finally, is Article 120 applicable to the suit and if so is the suit within time under Article 120? 10. We shall first have a brief look at the nature of patni taluk an......to obtain a decree with full costs and damages." It has been held in Sreemati Ramsona Chowdhuri Vs. Naba Kumar Singha, 16 CWN 804, that even if an allegation is made that the arrears, for the recovery of which the sale was held at the instance of the Zamindar, were not due, the suit will b......er a Zamindar or Talukdar, to whom a stipulated portion of the rents collected from the Ryots is paid .................Minor divisions of these holdings are known by the name of Nim-Hawalas, half farms." (P. 317). 13. The Bengal Patni Taluks Regulation, 1819 (Bengal Regulation VIII o..Category: Property Law | Date: | Hits: 28
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
.... 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: ......cellaneous case was also dismissed for default of the defendant-petitioner on 14.5.86 at 12-30 PM. The defendant-petitioner filed hajira soon thereafter and submitted that he could not file hajira in time owing to hartal and prayed for an adjournment of the case. The prayer for adjournment was refus......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: ......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: ..Category: Civil Law | Date: | Hits: 105
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....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. ...... 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. ...... 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. ...... 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. ..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....ir prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ......bsp; ATM Afzal J.- This appeal by leave arises out of a temporary interim order passed by a Single Judge of the High Court Division in revision which has already run out its time. 2. Plaintiff-respondent Nos. 1-6 instituted Other Suit No. 71 of 1987 in the 5th Court......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......e evidence of PWS 2, 5 and 6 the High Court Division observed: "All that they have stated in evidence is that they did not find the condemned prisoner Mofazzal Hossain Pk. in his house at the time when they visited his house or subsequently at the time of inquest. The defence case that the ......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
.... 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. ......had many enemies and the deceased was not a person of good moral character and that he was murdered in the previous night and his dead body was thrown thereafter in the jungle. The defence denied the time, place and manner of occurrence as alleged by the prosecution. 5. In this case leave was gra......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. ......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. ..Category: Criminal Law | Date: | Hits: 51
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....rence 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 ......by respondents No. 2-6 and others in pursuance of their common intention to kill him. Admittedly there was litigation and enmity between the respondents and the deceased Shamser Ali Amin for a long time. The deceased as his name suggests was an 'Amin' i.e. his job involved measuring of lands. ......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 ......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
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
.... acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......cies in his evidence have been overlooked by both the trial court and the appellate court. 6. P.W.2, Suburannessa, is the wife, of Intaz and P.W.3 Mokbul is her son. They deposed that at the Asar time accused Anwar and Sultan had chased Majid and struck him with lathis in their house; but before......s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....ellant 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......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 and charge sheet not yet submitted on conclusion of investigatio......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......5.15 P.M. some persons, not named in the F.I.R., being armed with rifles, hand-grenades and other weapons attacked Guradaspur Police Station and after overpowering the police on duty looted away some arms and ammunition from there. 2. It is stated by the appellant that in spite of several extensi..Category: Criminal Law | Date: | Hits: 53
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....btained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ing 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 about to ensue between the men of Zaglul Haider and J.M. Iqbal. It was alleged tha......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282...... The bitterness created in the election between the parties continued and it is alleged that on 21.5.85 at about 2 p.m. men of Bachhu Haider committed large scale rioting in Dighirpar Bazar with fire-arms etc. in which two people, Mobarak Haider and Dulal Haider, received gun shot injuries and died...Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
....n, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......Appeal The Penal Code (XLV OF 1860), section 147 No. 42 of 1986 The Code of Criminal Procedure, 1898 (V of 1898), section 426 Bail Rejection of 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 H...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court 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)
....il 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 ......ourt Division. He prayed for bail pending disposal of the appeal; the learned Judges granted him bail on the condition that he should pay the entire amount of the fine in four installments within the time specified in the order of bail and warned that in case any of the installments of fine was not ......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 ......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 ..Category: Criminal Law | Date: | Hits: 56
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