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Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....968 in the Second Court of Assistant judge, Sadar Chittagong for permanent injunction against the Chairman, Railway Board and the Government restraining them from disturbing or interfering with his possession of the suit land and evicting him or demolishing his structure by force. The suit was la...... of Assistant judge, Sadar Chittagong for permanent injunction against the Chairman, Railway Board and the Government restraining them from disturbing or interfering with his possession of the suit land and evicting him or demolishing his structure by force. The suit was later transferred to the......l is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......n payment of compensation the defendants failed to prove their case of "alleged acquisition" and the "actual acquisition" of the suit property by the Railway is very much "questionable". On the other hand, it was found that the plaintiffs have been able to prove not..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....ision, Chittagong by order dated 2nd April, 1989 issued a rule upon the appellants in Civil Revision No. 89 of 1989 and by the same order restrained the defendants by injunction from disturbing the possession of the plaintiffs in the suit land in any manner for 10 weeks pending disposal of the r......, 1989 issued a rule upon the appellants in Civil Revision No. 89 of 1989 and by the same order restrained the defendants by injunction from disturbing the possession of the plaintiffs in the suit land in any manner for 10 weeks pending disposal of the rule. 6. Appellants obtained leave ...... 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)
....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. ......ublic Prosecutions, 1935 AC 462, observed that" no matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained”. This principle of common law is a par......ent for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......to unfold its basic case. In spite of surrounding incriminating circumstances, for lack of legal evidence, particularly due to non‑examination of material witnesses like the neighbours, the crucial question, whether the respondent was present in his house when his wife died there remains unanswere..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....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 ......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 ......s case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......azette Notification issued under Article 5(a) and the provisions of Article 17(1) of P.O. 27 of 1972, the Corporation's powers to take disciplinary action including power to transfer now stand beyond question. So judgement of the High Court Division is set-aside and of the trial court dismissing the..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....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 ......ittedly 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. 3. Prosecution case is that on 30.3.70 corresponding to 16th Chaitra, 1376 B.S. Shamser......ith 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 ......ses were not eye-witnesses but were examined only to corroborate the alleged eye-witnesses. So their omission in earlier statement could not be brushed aside as minor omission. More important was the question whether the deceased himself could be believed as to recognition of his assailants. 13..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....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...... 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...... 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, along with I..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....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 ......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 ......ined. 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 ......of conviction and sentence of the appellants No. 1 and 2 under section 148 and 324 and convicted them under section 302/34 Penal Code and sentenced each of them to transportation for life. 12. The question is: Can the High Court Division lawfully do it? This involves a consideration of the rele..Category: Criminal Law | Date: | Hits: 55
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....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 ...... 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 ...... A. W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record, — For the Respondent. Criminal Appeal No. 7 of 1988. Judgment: Shahabuddin Ahmed J.—The question raised in this appeal by special leave is whether the bail granted by the High Court Divisi..Category: Criminal Law | Date: | Hits: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....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 ......rt Division (Chittagong Bench) summarily rejecting two revisional applications of the appellant filed under section 115(1) of the Code of Civil Procedure. 2. Facts of the case, briefly, are that landlords-respondents No. 3-10 instituted Rent Suits No.15 and 16 of 1958 for recovery of arrear ren......r as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......s Judgment July 15, 1986. Civil Appeal No. 75 of 1984 The Code of Civil Procedure, 1908 (V of 1908) Order XXI, rule 90 The merit of the case could not be considered before deciding the question of limitation. The applications being clearly time-barred, the courts were not obliged to c..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....nerdra Nath Ganguli who entered into an agreement on 11.8.19.66 with Dr. Aziz Meser Mohammad Ali for sale of the suit property. Upon execution of the said agreement the plaintiffs were delivered part possession of the suit property. Thereafter on 10.10.69 the plaintiffs purchased the suit property......ree and restored those of the trial court. 2. Defendant then obtained leave to appeal from the judgment of the High Court Division contending that the trial court's finding that the plaintiffs are landlord of the defendant is perverse, unsupported by any evidence and that there is also no basis f......ismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......pellant Vs Hasna Banu and anr.............................Respondents Judgment June 17, 1986. Civil Appeal No. 27 of 1985 The Transfer of Property Act [IV of 1882] Section 106 The question of title being rightly decided by the trial court on consideration of relevant document whi..Category: Tenancy Law | Date: | Hits: 106
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....1985 on 9th December 1985. 2. The case of the appellant, Haruni Fishermen Co-operative Society, is that it was lessee of the disputed fishery for the period, 1389 to 1391 B.S. and as such was in possession of the same. On its application for extension of the lease for a further period of 3 ye......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 ...... costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......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 principle of natural justice and no question of estoppel. Hence the appeal is dismissed……………..……(10, 11 & 13) Lawyers In..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
....nd widow Saudamini who jointly sold the said land to Monoroma who in her turn sold the same to Satya Charan and the latter in his turn sold the same to Bhagaban Chandra Das. Bhagaban Chandra being in possession of '50 acre in Plot No.333 sold '25 acre of land on 13th February, 1956 to pre-emptor-res......Rahman J. - This appeal is at the instance of the pre-emptees. 2. Respondent No.1 filed an application under section 96 of the State Acquisition and Tenancy Act for pre-emption of 12'34 acres of lands of some plots of C.S. Khatian No. 19 and also for 12'21 acres of land of subordinate Khatian N......er as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......C.S. Khatian No.19. Bhagaban Chandra sold his remaining interest, that is '25 acre, to respondent No.1 and his brother on 23rd August 1969 and thus the respondent became a co-sharer in the holding in question and as a co-sharer and an owner of contiguous lands he was entitled to pre-empt the land ..Category: Property Law | Date: | Hits: 29
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....he licence-period 1985-86. Each of the appellants claimed that he was the highest bidder in the auction for granting the licence for collection of charges and his bid was accepted and he was put in possession of the ghat and he was collecting rates and charges in terms of the licence. Each of the ......l Nos. 10, 11 & 12 of 1986. Judgment: M.H.Rahman J. - These three appeals were heard together and are disposed of by this judgment. 2. The appellants' common case is that the Bangladesh Inland Water Transport Authority invited tenders for leasing out three launch ghats, namely, Swarapkat......od of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....no longer claim any right, title and interest in the disputed land. Under such circumstance the government settled the land with the defendant-appellants. Even though auction was held and delivery of possession was made and the respondents knew it and their prayer for setting-aside the sale was frus......gation of fraud and collusion in holding the auction has not been substantiated. If the auction sale stands, the plaintiff-respondent can no longer claim any right, title and interest in the disputed land. Under such circumstance the government settled the land with the defendant-appellants. Even th...... is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....ade before the Sub-Divisional Magistrate, Nowabganj, by the appellants. They alleged that they had taken settlement of the disputed land from the Government by paying necessary salami and went into possession and grew Aush paddy which was however forcibly reaped away by the accused-respondents cau......eal No. 61 of 1982 (Rangpur). 2. This arises from a complaint made before the Sub-Divisional Magistrate, Nowabganj, by the appellants. They alleged that they had taken settlement of the disputed land from the Government by paying necessary salami and went into possession and grew Aush paddy whi......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 ......ondent No. 13 & 19- Not represented. Respondent Nos. 5-12, 14-18 and 20-25 -Ex-parte Criminal Appeal No. 30 of 1983. Judgment: Shahabuddin Ahmed J.- This appeal by special leave calls in question an order of acquittal passed by a Magistrate, First Class and confirmed by the High Court D..Category: Criminal Law | Date: | Hits: 50
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....had directed the appointment of an Advocate Commissioner to ascertain the value of a part of her building for payment of compensation to her by the decree-holders who were given a decree for khas possession over a land including this part of the building. Respondents obtained a preliminary dec...... appointment of an Advocate Commissioner to ascertain the value of a part of her building for payment of compensation to her by the decree-holders who were given a decree for khas possession over a land including this part of the building. Respondents obtained a preliminary decree in her partiti......e. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... Justice Syed Misbahuddin Hossain) on 2nd September 1984. 2. Appellant 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 belon......in Hossain) on 2nd September 1984. 2. Appellant 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 ......as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......aim to possession of such property. The judgment-debtor in such a case may, if aggrieved, institute a suit to establish his title and on obtaining a decree can recover possession of the property in question. 11. As already mentioned respondent Nos. 1 and 2 obtained a decree for recovery of poss..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....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. ......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. ......cted 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. ......ecord- For the Respondent Nos. 1 & 3. Respondent No. 11- Died Not Represented- Respondent Nos. 2, 4-10 and 12-13. Criminal Appeal No. 26 of 1984 Judgment Shahabuddin Ahmed J. - The question involved in this appeal by special leave is of considerable public importance. It is wh..Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......slam and the deceased over ancestral property for a long time. The other accused are relations and associates of Nazrul Islam. Deceased's father Sefat is said to have made a gift of 6.66 acres of land in favour of the four sons of the deceased. It is alleged that Safiluddin who was a bad man use......e impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......on-in-chief. The cross-examination of P.W. 2 and P.W. 9 does not reveal that it was done in the manner indicated above. A lengthy compound sentence recording the various answers of different kinds of questions is neither permissible nor desirable as has been done in the present case. The defence can..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ...... 410 of 1975 renumbered as Title Suit No.1 of 1979, in the Court of Subordinate Judge, Khulna against defendant Ashutosh Debnath for specific performance private complaint of a contract for sale of a land on the strength of a Bainapatra dated 15 July 1971 executed in his favour by the owner, the sai...... such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......refusing to quash a criminal proceeding which was assailed on the ground that private complaint on which the proceeding started was hit by the mandatory prohibition in section 195(c), Crl. P.C, The question raised in this appeal relates to the scope and extent of this section. 2. Accused-appell..Category: Criminal Law | Date: | Hits: 63
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