Judgment search - Chancery Law Chronicles

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Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

....t was a licensee whose licence was irrevocable because the company had put up construction with the consent of the owner(s) and section, 60(b) of the Easements Act, 1882 is clearly attracted to the facts pleaded by respondent Nos. 1 and 2. 7. It appears that &......fazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: ......espondent Nos. 1 and 2. 7. It appears that the High Court Division observed that: "The learned trial Court considering evidences on record came to a conclusion that this Exhibit (B) which is a photocopy of an affidavit..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....who, by training and experience, is in the best position to consider the situation fairly competently and objectively. But there can be no purposeful consideration of a matter in the absence of facts and circumstances on the basis of which alone the nature of the problem involved can be ap......al J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice, Bangladesh Secretariat,Ramna,Dhaka & Others ……… Respondents (In Civil Appea......C. 580 relied on) for that purpose the Court must take into account any public general knowledge of which the court would take judicial notice and may in a proper case require to be informed by the evidence as to what the effect of the legislation will be. It is often impossible to determine the..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

....ince "it will be necessary to examine the evidence with more than ordinary care lest the shocking nature of the crime induce an instinctive reaction against a dispassionate judicial scrutiny of the facts and law". 8. Mr. Julmat Ali Khan, the learned counsel appearing for the condemned petitione......M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: The appeal is allowed and the judgment and order of the High Court Division is set aside. Conviction and sentence of ac......lows on Nurul Islam and his wife. In the confessional statement of Dablu he stated that he himself inflicted dagger blow on the victims. Intra-contradiction of the two confessional statements and the evidence of P.W.4 reveal each one gave a different version of the crime thereby shattering the prose..

Category: Criminal Law | Date: | Hits: 159

Abul Kashem and others Vs. State, 1989, 18 CLC (AD)

....r as has been deposed. The defence case appears to be more probable than the prosecution as it fits in human nature and as such the appellants are entitled to be acquitted as a matter of right in the facts and circumstances of the case………………(9 & 12) Lawyers Involved: S.S. Haider, Se......ed in: 41 DLR (AD) (1989) 152......PW 4 claimed by the defence to be the actual murderer, his remaining present in the PO not being available in the defence version has no substance. The contradictions and omissions of the prosecution evidence clearly support the defence suggestion that Halima Khatun was not killed in the manner as h..

Category: Criminal Law | Date: | Hits: 57

Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)

....usiness between the complainant and the accused. 4. In determining whether a person is or is not a partner regard shall be had to the real relation between the parties, as shown by all relevant facts taken together. To this provision of section 6 of the Partnership Act, 1932 there are two ex...... Vs. Kabir Ahmed & anothers.................Respondents Judgment January 25, 1989. The Penal Code, 1860 (XLV of 1860), section 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but ......us instance of partnership, a sort of seasonal joint venture of buying and selling paddy, was mentioned in the FIR to show how the accused earned the complainant's confidence. After considering the evidence on record we find that the High Court Division correctly refused to interfere with the find..

Category: Criminal Law | Date: | Hits: 44

Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)

....n 302 of the Penal Code against this accused is sustained. Conviction under section 302/149 of the Penal Code against Abdul Jabbar, Lokman Ali and Pir Ali since dead being proved is sustained. In the facts and circumstance of the case, the right of private defence of life was not available to the ap......d.This Case is also Reported in: 41 DLR (AD) (1989) 147...................Appellants Vs. The State....................................Respondents Judgment January 29, 1989. The Penal Code, 1860 (XLV of 1860), sections 302/149 Scrutinising the evidence, offence of causing assault upon the victim resulting to his death has not been proved agai..

Category: Criminal Law | Date: | Hits: 49

Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......t: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh House Building Finance Corporation....................Appellant Vs. Abdul Mannan, Advocate and others……...............................Respondents Judgment January 11, 1989. Resul......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..

Category: Property Law | Date: | Hits: 41

Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)

....appellant was liable to pay rent in terms of the old Agreement or she was entitled to pay rent according to the provision of s. 18(5) of the Ordinance. At the outset I would make it clear that on the facts admitted or established in this case, if the terms of the expired Agreement apply in respect......�man J A.T.M. Afzal J Maria Keshi D'Rozario…………………………….......................... Appellant Vs. Hassan Movies Ltd., represented by its Managing Director, 12 Banga Bandhu Avenue, P.S. Ramna, District Dhaka…………………………Respondent Judgment Nove...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135..

Category: Property Law | Date: | Hits: 45

Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)

....t was sufficient lo invalidate the selection process if it could be shown that there was reasonable likelihood of bias. True, but the argument will hold good provided it is founded on allegation of facts. In the same decision on which Mr. Hakim placed reliance AIR 1987 SC 454 (Ashok Kumar Yadav vs......of 1987. (From the Judgement passed by the High Court Division Dhaka dated 8.4.87, in Writ Petition No. 120 of 1985). Judgment: A.T.M. Afzal J. — This appeal by leave is from the judgment and order dated 8 April 1987 passed by the Writ Bench of the High Court Division, Dhaka dischargin......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..

Category: Employment/Service Law | Date: | Hits: 89

Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)

....lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......4 An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-supposes the appellant's possession of the case holding and so long the order of the Civil Court was there and determination of the question of possession w......ld be clearly untenable and unacceptable. If the appellant, was in possession in 1978 as found by the Civil Court, then for the purpose of the criminal case it was enough to hold that the prosecution evidence as to possession could not be accepted beyond reasonable doubt. The party claiming possessi..

Category: Criminal Law | Date: | Hits: 59

Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)

.... room of the Joypurhat Sugar Mills at the time of alleged occurrence. The trial Court's acceptance of Abdur Rashid's plea of alibi will not-destroy the dying declaration altogether. 9. In the facts and circumstances of the case there is no good reason to doubt the appellant's complicity in...... Act, 1872 (1 of 1872) Section 32 There is no eye witness to the occurrence but the evidence adduced by the PW 1 who rushed to the victim immediately after the occurrence appears to be trust worthy and convincing. Moreover, in the dying declaration appellant was mentioned as the assailant. Acquitt......�……………………………………………Respondent Judgment Augusts, 1987. The Evidence Act, 1872 (1 of 1872) Section 32 There is no eye witness to the occurrence but the evidence adduced by the PW 1 who rushed to the victim immediately after the occurrence appears to be..

Category: Criminal Law | Date: | Hits: 61

ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)

....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124...... (1989) 124......the registration was done under section 60 of the Registration Act on compliance of all requirements of law. It is a rebuttable presumption, no doubt, but Mr. Moksudur Rahman could not argue, how the evidence as it is, has rebutted the presumption. The defendants got ample opportunity at the trial s..

Category: Property Law | Date: | Hits: 56

Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)

....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abdul Mannan Bhuiyan & Others……….Appellants (In Civil Appeal No. 1 of 1989.) And Bangladesh and others…..................... Petitioners (In C.P. No. 310 of 1988) Vs Monirul Huq and ot......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..

Category: Election Law | Date: | Hits: 128

Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)

....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113...... A.T.M. Afzal J Sona Mia Bepari & ors................Appellants Vs. Jamila Khatun & ors…………………………………........... Respondents Judgment September 1, 1987. Remand The appellant bringing the suit challenging the deed of gift revealing lateron that the appell......ion of purchase and denial thereof not being confronted during trial, the appeal is allowed in part and the case remanded to the trial court for re-hearing upon allowing the parties to adduce further evidence in respect of the alleged deed of sale………………………(13 & 14) Lawyers Involv..

Category: Property Law | Date: | Hits: 33

S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)

....when the Government directed that the case against the accused Contractor Firozur Rahman and the appellant be withdrawn. It is contended there is no chance of appellant's absconsion and that in the facts of the case that the High Court Division erred in not granting bail to the appellant. 6. We......he Code of Criminal Procedure, 1898 (V of 1898), section 498 Where there is hardly any chance of abscondence in a case under section 420 of the Penal Code read with section 5(2) of Act II of 1947, and where the order of sentence under the provision is under challenge on appeal the accused appella...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..

Category: Criminal Law | Date: | Hits: 53

Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)

....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......Vs. Bangladesh House Building Finance Corp. & anr........Respondents Judgment August 21, 1988. Compensation The entire balance amount of loan having been paid in full by the appellant and no outstanding claim remain with HBFC and such payment being made with concurrence of this court......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..

Category: Property Law | Date: | Hits: 30

Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)

....n dated 8 August 1985 in Civil Revision No. 147 of 1984 (Comilla). 2. The suit, T. S. No. No. 301 of 1979 in the Second Court of Munsif, Chandpur, was filed by the appellant alleging the following facts: The suit land measuring .31 decimals of an acre, recorded in C.S. Khatian No. 51 and comprisi............................Respondents Judgment August 10, 1988. The Specific Relief Act, 1877 (1 of 1877), Section 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plainti......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..

Category: Property Law | Date: | Hits: 75

Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)

.... found that the plaintiff could not establish the alleged fraud and accordingly the suit was dismissed and it was affirmed in appeal. The learned Judge of the High Court Division having noticed the facts of the case observed that it was concluded by a concurrent finding of fact. In that context it......e, 1908 (v of 1908), section 104 Before exercising the discretion for restoration of a case, the court takes into consideration whether any useful purpose will be served in allowing the restoration and no such purpose is apparent on restoration in this case, the court is reluctant to restore and a......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105..

Category: Procedural Law | Date: | Hits: 96

Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)

.... dated 11th February 1985. 2. Leave was granted to consider whether the stay of execution of the decree has been properly refused under Order 21, rule 29 of the aforesaid Code. 3. Briefly the facts of the case are that the respondent No. 1 Ishaque Ali, since deceased, and substituted by ...... of execution of the decree has been properly refused under Order 21, rule 29 of the aforesaid Code. 3. Briefly the facts of the case are that the respondent No. 1 Ishaque Ali, since deceased, and substituted by his heirs, brought Title Suit No. 34 of 1962 in the court of Munsif, Sylhet for......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..

Category: Civil Law | Date: | Hits: 106

Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)

.... nothing more. He contends that though an amicable partition among the sons of Shashi Bhusan is a common question in the two suits, but the questions have been decided in the two suits on different facts and circumstances and in different contexts, and though, in the previous suit, sons of Shashi ...... Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy Commissioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others…………….. Respondents (In both the appeals) Judgmen...... Result: Both the appeals are allowed. The Evidence Act, 1872 (1 of 1872), sections 13, 43 and 65. The judgment Ext. 7(d) is not inter parties, and ordinarily a judgment cannot be used as evidence against a person who is a stranger thereto. But the judgment in a prior suit together with ..

Category: Procedural Law | Date: | Hits: 146

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