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Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
....here were contradictory reports with regard to the disputed poll the High Court Division ought not to have interfered in the matter. 4. We find substance in the contention of the appellant. In the facts and circumstances of the case and in view of this Court's decision dated 19th February, 1989......, 1983 (LI of 1983) The Union Parishads (Election) Rules, 1983, Rule 29 Direction for holding re-election passed by the election commissioner on the basis of the report of the returning officer and such report being gathered from the report of the presiding officer, the High Court Division act......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ..Category: Election Law | Date: | Hits: 114
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....enue were not of any relevance. It must be said that although the right Art. (113) of the Limitation Act has been found to govern the limitation, the learned Judge erred in misapplying the law to the facts of the case. No date having been fixed for the performance of the contract, the second part of......rt Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh, represented by the Deputy Commissioner, Pabna and others...........Appellants Vs. Abdus Sobhan Talukder (Md.) and another........................e practical field it is difficult to conceive that a plaintiff would wait indefinitely on account of the absence of the defendant to allow his claim to become stale or to allow disappearance of all evidence by lapse of time. In the view of section 13 which we take, it is clear that the instant sui..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....ivate defence cannot be a ground for quashing a criminal proceeding. Such plea is to be established by evidence by the accused who takes the plea. A criminal proceeding is liable to be quashed if the facts alleged in the FIR or in the complaint petition, even if admitted do not constitute any offenc......lso reported in: 42 DLR (AD) (1990) 62. ......on 561A The Penal Code, 1860 (XLV of 1860), sections 436 & 148 Mere plea of right of private defence cannot be a ground for quashing a criminal proceeding. Such plea is to be established by evidence by the accused who takes the plea. A criminal proceeding is liable to be quashed if the fac..Category: Criminal Law | Date: | Hits: 39
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......reported in: 42 DLR (AD) (1990) 57. ...... took lease from the Government and the Government collected the price of borga crops of the suit land ever since they were inducted into possession of the suit land. The trial Court considered the evidence and noted the admission of the plaintiffs that the defendants were in possession of the s..Category: Property Law | Date: | Hits: 35
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ming the respondents had called away Motahar from his house in the manner said by P.W.s. 1, 3 and 5 and that he had been last seen with them as said by P. W. 8 no hypothesis could be drawn from these facts which was not incompatible with the innocence of the respondents and as such the conviction co......ate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The State………………........…...Petitioner Vs Arman Ali and others..................Respondents Judgment June 11, 1987. Result: The petition i...... State………………........…...Petitioner Vs Arman Ali and others..................Respondents Judgment June 11, 1987. Result: The petition is dismissed. Circumstantial evidence If the witnesses examined to prove the circumstances are found to be unreliable or their..Category: Criminal Law | Date: | Hits: 43
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....uld not be prejudiced by this decision". 3. Dr. Kamal Hossain, the learned counsel appearing for the appellant, contended that the learned Judges were aware of the fact that disputed question of facts were involved in the matter and therefore should have dismissed the writ petition. The point h...... Appellate Division (Civil) Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abdul Hamid Khan.............................Appellant Vs Miah Nurul Islam and others............................Respondents Judgment March 13, 1989. Result: The......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ..Category: Election Law | Date: | Hits: 115
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
.......Appellant Vs Nurul Huq (Md.)............................Respondent Judgment April 12, 1989. The Code of Civil Procedure, 1908 (V of 1908) Order IX, rule 13 After considering the facts and circumstances of the case the court found some substance in the contentions of the appella......ellant Vs Nurul Huq (Md.)............................Respondent Judgment April 12, 1989. The Code of Civil Procedure, 1908 (V of 1908) Order IX, rule 13 After considering the facts and circumstances of the case the court found some substance in the contentions of the appellant and......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....knee-deep muddy water and flanked by standing paddy crops on both sides. He was assaulted at this Bhanga from where his dead body was removed to the house of his father-in-law at about 8 P.M. These facts are not disputed. 4. The prosecution case has been given in detail by the Informant (P.W.......ported in: 42 DLR (AD) (1990) 31 ......re attributable to the trial court judgment and the order of acquittal was liable to be interfered with………………(41) The Evidence Act, 1872 (I of 1872), section 8 Where there is direct evidence for implicating an accused in an offence absence of proof of motive is not material. In the..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ...... in the judgement. No objection has been raised on this issue during trial or afterwards before hearing before this court. Under the circumstance such objection in so belated stage is not sustainable and the conviction is upheld. Lawyers Involved: Md. Fazlul Karim, Senior Advocate instructed by......und that the order of sanction along with letter from the Government was lying with the charge-sheet submitted by the Anti-Corruption. The learned Counsel, Mr. Fazlul Karim, contends that there is no evidence anywhere that any such order of sanction was received at the Court or proved by the evidenc..Category: Criminal Law | Date: | Hits: 41
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....nasmuch as section 18(3) of the Premises Rent Control Ordinance comes into play. It seems that the learned Judge of the High Court Division came to the conclusion— "In consideration of these facts it cannot be said that the defendants were defaulters. Even if the defendants are defaulters i...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Begum Motia Akhtar Khanam.................................Plaintiff-Appellant Vs. Shawkat Ara and Others...............................Defendant-Respondents Judgement June 11, 1989. Re......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....rpayment from a Bank in encashing a bill, and, the money having been recovered from him shortly after. Leave was granted to consider the question, which appears to be of first impression, whether the facts constitute an offence of theft, and if not, or any other offence. 2. Facts of the case, bri......3 ......gistrate, First Class, Thakurgaon on the aforesaid facts for an offence under section 379 Penal Code. 3. The accused pleaded not guilty. The learned Magistrate, however, upon considering the evidence on record, convicted, by his order dated 7.6.76, the appellant of the said charge and sen..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
.... the petitioners, has urged only one ground before us. It is that the trial of the petitioners by the Assistant Sessions Judge was barred by section 403 of the Crl. P.C. in that, earlier, on the same facts, they were tried by a Special Martial Law Court under the Arms Act for unauthorised possession......AD) (1990) 22 ......n the alternative with having committed some one of the said offences." "237. (1) If, in the case mentioned in section 236, the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the pr..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....e plaintiff-appellant the point for consideration is whether the High Court Division was justified in overturning an order of temporary injunction granted by the First Appellate Court. 2. Material facts of the case are that the plaintiff-appellant took settlement of 2.73 acres of land in severa...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Belayet Hossain.......................Plaintiff-Appellant Vs Nurul Alam Mir and ors....................Defendant-Respondents Judgment June 18, 1989. Temporary injunct......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....ingle Judge, by the impugned Judgment and order dated 2 February 1988, upheld the order of remand and discharged the rule in the said revision case. 4. Leave was granted to consider whether in the facts and circumstances of the case, the order of remand passed by the Subordinate Judge for curing ...... Though in the suit no court guardian was appointed on behalf of the minor proforma defendants against whom no relief was claimed, at the appellate stage court guardian on their behalf was appointed, and the court guardian submitted a report after corresponding with the natural guardian and perusal ......s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....Local Government (Union Parishads) Ordinance, 1983 (hereafter referred to as the Ordinance) and as such he has no right to hold the Office of Chairman of the said Union Parishad. 2. The admitted facts of the case as can be gathered from the materials on record are that the appellant, responde......nt: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Farid Mia (Md.)......................................Appellant Vs Amjad Ali (Md.) alias Mazu Mia and Others...............................Respondents Judgment April 2, 1989. Result: Th......e already held while rejecting C.P.S.L.A No. 21 of 1988 (quoted in the affidavit-in-opposition) that" such questions as to disqualification, etc. which are questions of fact are better settled upon evidence which can be done more appropriately before a Tribunal. In the summary proceeding under Art..Category: Election Law | Date: | Hits: 130
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....t Division for the said relief. As already noticed they have also been refused there. 4. Leave was granted to consider whether the refusal by the High Court Division was justified in the special facts and circumstances of the case. 5. It has been urged by the learned counsel for the appellan......1, 1987. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehension of delay in starting ......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....nt December 6, 1988. Result: The appeal of appellant No. 5 is dismissed, but that of the others is allowed in part. The Penal Code, 1860 (XLV of 1860), sections 302/34, 323 and 324 The facts of this case do not permit an inference that the appellants shared a common intention to commi......se is also reported in: 42 DLR (AD) (1990) 03. ...... The Penal Code, 1860 (XLV of 1860), sections 302/34, 323 and 324 The facts of this case do not permit an inference that the appellants shared a common intention to commit the murder. There is no evidence that there was any common intention of the appellants to murder the deceased. There is no e..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ................................ Appellants Vs Akhtaruzzaman & Others ..................Respondents Judgment March 29, 1989. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
.... accused will proceed according to law.” 5. The learned Judges of the High Court in upholding the order of the Magistrate, inter alia, have given the reason which is as follows: “In the facts and circumstances of this case it appears from the extracts of the papers of the Ministry of H...... Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......the learned Judges of the High Court Division before concluding has made the following uncalled for observation: “If during the proceeding of the trial against the rest of the accused persons evidence does forthcome involving the complicity of the 4 accused persons against whom case has be..Category: Criminal Law | Date: | Hits: 43
....vy Council and, the Supreme Court of Pakistan and therefore in this particular case the question is one of application of the principle governing the amendment of the pleadings and whether upon the facts of the case the principle was rightly followed by the Courts below.
4. This brings us to l......ate, with Maksudur Rahman, Advocate, instructed by S.M. Huq, Advocate-on-Record - For respondent No.1.
Respondents No.2-4 - Not Represented.
Civil Appeal No. 54 of 1977
(From the Judgment and Order dated 24-6-74 passed by the High Court Division in Civil Order No.470 of 1974).
Judgme......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
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