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Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ...... however, convicted the appellant. 3. The learned Counsel appearing for the appellant submits that the evidence has not substantiated the prosecution case and as such the conviction is bad in law. 4. The learned Counsel also informed us that the appellant is dead. His heir has, however, ..Category: Anti-Corruption Laws | Date: | Hits: 125
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......rial Union Parishad and Kalashkati Union Parishad. 7. It appears that the respondent mainly relied on the aforesaid report and order of the Election Commission to show that he was also a victim of lawlessness and violence created by armed miscreants on the date of filing of nomination paper at th..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....r a decree declaring that required and valid notices under section 5(1a) and 5(3) of Act—XIII of 1948 have not been issued or served in L.A. Case No. 63/59-60 in respect of the suit property as per provisions of law; (b) for a declaration that Gazelle Notification No. DA 72/71/355 dated 25.6.73......the defendants also) the decision will turn only on one question, namely, whether the acquisition of the plaintiffs' land was illegal for want of proper service of notices as required under the law. Accordingly leave was granted to consider whether the High Court Division has correctly decid..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....on for revision under section 439 Cr.P.C. against an order of acquittal in cases involving offence punishable with sentence of imprisonment exceeding one year." 5. It is clear from the aforesaid provision that a Single Judge was not competent to hear the present revision case as it involved an ......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
.... in any manner under the President's Order No. 16 of 1972. The appellant was surprised to see the public notice dated 28.4.86 published in The Bangladesh Gazelle Extra-ordinary on 28.4.86 under the provisions of section 5(1)(a) of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 ......86 (Annexure 'E' to the Writ Petition) insofar as it relates to the appellant's house, at serial No. 41 under the heading 'Motijheel Commercial Area' shall not be declared to have been passed without lawful authority and be of no legal effect. 3. The appellant suited in her petition that she purc..Category: Property Law | Date: | Hits: 54
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......f the plaintiffs case that the suit premises is a departmental quarter earmarked for judicial officer." In this view of the matter the learned single Judge concluded that there being no valid and lawful order of allotment in favour of plaintiff No. 1 and no legal right had inured in his favour g..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
.... 1.6.88. 3. This School was established at the initiative of the local people in 1933 and in order to make it a modern institution, the Government requisitioned 12 bighas of land in 1956 under the provisions of East Bengal (Emergency) Requisition of Property Act, 1948 in L.A. Case No. 8/55-56. Th......idered the nature of this proceeding. In the case of Sheela Barse Vs. Union of India and others reported in AIR 1988 (SC) 2211 noticed— "The proceedings do not partake of pre-determined private law litigation models but are exogenously determined by variations of the theme. Again, the relie..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ted and the District Judge was invested with power to hear appeal but with no express authority to transfer any such appeal. It has been pointed out that section 28 of the Ordinance has made specific provision for transfer of an election petition from one Election Tribunal to another Election Tribun......ch it is to be exercised, but if it is silent then all rules of procedure that apply to its ordinary jurisdiction will be attracted in regard to the special jurisdiction. It is a settled principle of law that if jurisdiction clearly conferred on a Court is to be ousted, the exclusion of such jurisdi..Category: Election Law | Date: | Hits: 125
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
.... he has authority to determine whether the ground for setting aside the ex parte decree as mentioned therein exists or does not exist. He cannot draw upon inherent power while acting under a specific provision of the Act governing the disposal of the case. Therefore, the view taken by the learned ......ere was no service of summons upon the defendant or there was sufficient cause for his non-appearance at the hearing of the suit. In the absence of any such finding the Assistant Judge had erred in law in allowing the Misc. Case only for the ends of justice, he observed further. It will be seen th..Category: Procedural Law | Date: | Hits: 88
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ...... him by Sub-Clause (b) of Clause (5) of Article 6 of the Laws (Continuance in Force) Order, 1958. This Sub-Clause (b) of Clause (5) of Article 6 reads as under:- "Nothing in this Article or in any law, rule or instrument having the force of law shall prevent a person mentioned in clause (1) from ..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....ot say anything contrary to what has been noticed above. Indeed it is no authority in support of the contention of Mr. Pal that a restricted meaning should be given to the word 'absent'. In that case provision of section 13 was sought to be invoked in an action against the Wali of Swat State. It was...... defendant was prima facie barred by limitation. The defendant having left the country immediately after refusal the plaintiff is entitled to the benefit of section 13 of the Evidence Act in that the law allows the period of absence of the defendant to be excluded from the period of limitation……..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....le to be quashed only if the facts alleged in first information report or complaint petition, even if admitted, do not constitute any criminal offence, or the proceeding is barred by any specific provision of law. Where disputed facts are involved evidence will be necessary to determine the issu......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 offence or the proceeding is barred by any law. Where disputed facts are involved evidence will be necessary to determine the issue………(4)..Category: Criminal Law | Date: | Hits: 39
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
.... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ...... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ..Category: Family Law | Date: | Hits: 157
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......d in '4264 acre of S. A. Plot No. 1162 of S. A. Khatian No. 174, as has been described in Schedule "A" to the plaint, the learned Judges of the High Court Division have committed substantial error of law in failing to direct to identify and demarcate .2125 acre of C. S. Plot No. 17, as had been purc..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....people, the co-sharers' attachment to their ancestral house and their anxiety to preserve the purdah and privacy of the members and inmates of the undivided dwelling house, the legislators made the provisions of section 4 of the Partition Act. The expression 'a dwelling house belonging to an undiv......were entitled to purchase 4/15th share of defendant No. 1 by purchase from the co-sharer-defendants of the plaintiffs. 7. On behalf of appellants it contended that the High Court Division erred in law in not considering that the vendors of defendant No. 1 had been in possession of a specific po..Category: Property Law | Date: | Hits: 45
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......898 (V of 1898), sections 417, 418 & 423 The High Court Division made no departure from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in pointing out that both law and fact were common causalities in the judgment of the trial court vitiating the order of acqui..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
.... mandatory for the trial of the appellant, a public servant. Leave was, therefore, granted to see whether the entire trial was vitiated in the absence of sanction as prior sanction is a mandatory provision of law in a case like this. The original record of the case was called for and on perusal ......58 (XL of 1958), section 6 The order of sanction was there along with the charge-sheet prior to beginning of the trial of the accused under the Criminal Law Amendment Act, 1958. Such requirement of law was fulfilled though it was omitted in the order sheet or in the judgement. No objection has bee..Category: Criminal Law | Date: | Hits: 41
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
.... 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 in that case also provision of section 18(3) can be attracted." 4. The learned Judge while repelling the contention......erred such commercial undertaking together with the premises to the third person, that such person to whom such premises have been so sub-let then and then only the consequences ensue, namely, on the lawful determination of the interest of the tenant by the landlord the third person, transferee, sha..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
.... mistake is discovered, the decision then to appropriate the property so taken to the receiver's own use makes him liable for dishonest misappropriation of property. We have already referred to the provision of our law and the illustrations given under the relevant sections. 9. In an Allahabad ......ed was charged with stealing the excess amount. Lord Goddard, CJ. with reference to the definition of "takes" in section 1(2) (i) (c) of the Larceny Act, 1916 observed that it affirmed the common law that to constitute the offence of larceny the taker must have animus furandi at the time when he..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....rned Counsel contends that in the former trial under the Arms Act for unauthorised possession of the fire arms, the petitioners could have been charged and convicted for the robbery as well under the provisions of section 236 and 237. These sections arc quoted below: "236. If a single act or......ill not be a bar to the subsequent trial for the offence of robbery, even if the same fire arms had been used while committing the robbery. The trial of the petitioners for the robbery is perfectly lawful. It appears, moreover, that this question as to bar under section 403 was neither raised befo..Category: Criminal Law | Date: | Hits: 44
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