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Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... the parties were not formally heard, but the nature of exercise leaves no room for doubt that the High Court Division's order was substantially complied with. After having applied his mind to the facts of the case the Superintending Engineer came to a clear decision that the amount determined b......ith costs. Ed. ...... Contractor were admissible or not. The High Court Division remitted the Award to the Arbitrator to determine the unresolved dispute directing him to call for statements from both the parties, take evidence if tendered, give hearing to the parties and proceed to decide the dispute in accordance ..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......llate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafizuddin Ahmed...............Appellant. Vs. Mongla Barman and others .............................. Respondents Judgment November 21, 1990. Lawyers I...... possession in the suit lands and executed Ext. I the kabala dated 1.4.1957 in favour of the plaintiff who after purchase got his name mutated and got rent receipts. The trial Court also accepted the evidence of PW 2 and 3 in support of the plaintiff’s case and rejected the evidence of the defenda..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the High Court Division, Rangpur Session, by his judgment and order dated 24.8.87 reversed those of the learned SCC Judge on the ground that those are not based on evidence but on inference from facts which were not proved. 4. The suit premises is a shop room measuri...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Razzaq (Md) @ Md. Raja Miah..................... Appellant Vs. Ansar Ali and another............................................... Respondents Judgment April......ts Act. A learned Single Judge of the High Court Division, Rangpur Session, by his judgment and order dated 24.8.87 reversed those of the learned SCC Judge on the ground that those are not based on evidence but on inference from facts which were not proved. 4. The suit ..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
.... not be affected by any decision of the suit. 10. We have already summarised the relevant findings of the appellate Court below. It appears that the appellate Court below took some selective facts into consideration and thereafter fell back upon the concession made by the lawyer of the pla...... without costs. Ed. ......rated from his brothers in 1308 BS. Defendant No. 3 Lal Miah filed a written statement admitting the claim of the plaintiffs, but did not contest the suit. 4. On consideration of the entire evidence on record the trial Court fully decreed the suit in preliminary form in respect of all the..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....se and the participation of the accused persons seems doubtful and suffers from inherent infirmities. In the confessional statement Abid Ali though has implicated himself, the learned Judges in the facts of [fie case did not consider the confessional statement to be true. There being no corrobor...... (Criminal) Present: MHR Rahman J Mustafa Kamal J Latifur Rahman J State………………..Appellant Vs. Shafique and others…........... Respondents Khokan and another........Accused-Petitioners ...... been falsely implicated in this case and that deceased used to do all misdeeds and had several enemies and he might have been killed by them. The defence also examined 4 witnesses to dislodge the evidence regarding the holding of the salish and the threat given by some of the accused persons. ..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ontends that since it is no body's case that the suit land is res nullius and the trial Court after finding that the Government failed to prove its possession, ought to have decreed the suit in the facts of the case. This seemingly attractive argument will be of no avail to the plaintiffs when t...... appeal is dismissed. No costs. Ed. ......o and accepted by the landlord. 6. On appeal the appellate Court allowed the plaintiffs' appeal after finding that they proved their right, title and interest in the suit land by sufficient evidence and that the suit land was not a fishery, but a paddy growing land. 7. In revision ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....ation whereupon the appellant came to this Division and obtained leave to appeal from the said judgment and order. Leave was granted to consider whether the High Court Division was justified in the facts and circumstances of the case in rejecting the application for quashing of the proceeding. ......he Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N...... 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)
....m." 5. The learned Chief Justice sitting in the Supreme Court in later years considered a case, that of Shamsuddin Sarkar, Appellant, 11 DLR (SC) 36, which bears striking resemblance to the facts of the present case. There, as here, two boys in their teens were charged under sections 302/1...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State………....................Appellant Vs. Khasru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment November 8, 1990. Result: The ......oy, 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. More often than not, ocular evidence of murder is not available and these cases thus rest on circumstantial evidence. As far as ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
.... an even opportunity to place their respective cases such discretionary order should not ordinarily be interfered with unless it causes a serious prejudice 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, ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Modern Shipping Agencies………..........Plaintiff-Appellant Vs. Central Inland Water Transport Corporation Limited and another......... Defendant-Respondents Judg...... the Additional Settlement Commissioner for the disposal of the appeal in accordance with law after giving the parties adequate opportunity of representing their respective cases and adducing evidence both on the question of limitation as well as the question of fraud. The ratio in that cas..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... and the High Court Division with regard to the title and possession of the disputed property will be ignored by the Civil Court while deciding the said title suit. It will be fit and proper in the facts and circumstances to keep the learned Magistrate’s order dated 25.6.88 in abeyance for ......Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Samirun Nessa ......................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991. Lawyers Involve......in be noticed. The final order dated 25.6.88 has been assailed, not because of any defect or error of procedure committed by the Magistrate in conducting the proceeding or because of misreading of evidence given during the proceeding, but because the preliminary order was without jurisdiction. A..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
.... for him and misappropriated Tk. 50,000.00 on inducing a false belief in him by deception. 3. The application under section 561A Cr.P.C was filed on the averments, inter alia, that the facts disclosed in the petition of complaint do not constitute any offence of cheating as defined u...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rahim @ ANM Abdur Rahim ................ ...................Petitioner Vs. Enamul Huq and another... ...............Respondents Judgment May 2, 1991. Lawyers Involv......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....on the above ground following the procedure laid down in aforesaid clause 12 but the respondent Nos. 1 and 2 did not act in terms of the said clause. Without expressing any opinion on the disputed facts as to whether Proddyut Kumar Bose had at all exchanged the disputed property with the appella......ity 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)
....as to who is entitled to receive it. In Bata Krishna Rana Vs. Janaki Nath Panday, 18 CWN 916=ILR 41 Cal. 1000, it was observed: "It is also not seriously contested, and upon the facts stated it cannot be contested, that in the events which have happened, the tenant may entert...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh…………….................Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment August 29, 1990. L...... suit land. They also supported the plaintiffs' case that the auction sale in 1950 was bad. 5. The trial Court negatived the claim of defendant Nos. 2-15 to the suit land upon discussion of evidence on record but dismissed the suit on the ground that the plaintiffs admitted in their appli..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....case of acquisition without proof of the payment of compensation and bringing further evidence, beside what has been proved, showing actual acquisition of the suit land, was legal and proper in the facts and circumstances of the case. 8. Mr. M Mozammel Hoq, learned advocate for the appella......din Ahmed CJ MH Rahman J AT Afzal J Latifur Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong........................Defendant-Appellant Vs. Most. Sharifjan Bibi an......e courts below and approved by the High Court Division to the effect that the defendants failed to prove their case of acquisition without proof of the payment of compensation and bringing further evidence, beside what has been proved, showing actual acquisition of the suit land, was legal and p..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....f which was stated for 2 months initially and then extended from time to time. Leave was granted to consider whether the impugned order was passed in exercise of a proper and just discretion in the facts of the case and ex parte at the time of issuing the rule. 7. As already noticed the i....... Defendant-Appellants Vs. Abdul Latif Bhuiyan & others....................... ...... Plaintiff-Respondents Judgment March 27, 1990. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-......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)
....er whether the attending circumstances in the case were incompatible with the husband's innocence, though nobody saw him killing his wife. 6. The learned Counsel for the State contends that in the facts of the case the respondent must have committed the murder by closing the door of his dwelling ......Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Respondent. Criminal Appeal No. 10 of 1987. (From the judgment and order dated 17th April, 1985 passed by the High Court Division, Rangpur, which, in Death Referen......hem, Ekabbar Ali Pramanik and Majibur Rahman Pramanik, were convicted under section 201 of the Penal Code. The High Court Division set aside the order of conviction of the respondent after finding no evidence against him. 2. The prosecution case, in brief, is that in the night following 14th Srab..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....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. ......eported in: 43 DLR (AD) (1991) 6. ...... Vs. The State................................Respondent Judgment August 16, 1990. Result: The appeal is allowed. The Evidence Act, 1872 (I of 1872), Section 5 Evaluation of evidence in criminal case On a careful consideration of the evidence of eye‑witnesses, it is v..Category: Criminal Law | Date: | Hits: 51
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....t interferes with an order of acquittal the finding of fact by the trial court must be obviously and grossly perverse. It is true that another court holding a trial may have taken another view of the facts and evidence on record. This court in exercise of its jurisdiction under section 439 Cr.P.C. c......relating to appraisal of evidence has been fallowed or not, whether some material piece of evidence has been overlooked or misappreciated winch could have a profound bearing on the order of acquittal and things like that. Misappreciation of evidence is not ordinarily a ground for interference with a...... The Code of Criminal Procedure (V of 1898) Section 439 In deciding a revision against acquittal the court of revision can legitimately examine whether correct principles relating to appraisal of evidence has been fallowed or not, whether some material piece of evidence has been overlooked or mi..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......eal No. 20 of 1986 Proof beyond reasonable doubt in case of conviction - Mysterious death without proof of injury shall not warrant conviction The evidence of the vital witnesses was not shifted and assessed according to rules of evidence by the trial court and the High Court Division. The circ......nt Judgment July 5, 1988. Criminal Appeal No. 20 of 1986 Proof beyond reasonable doubt in case of conviction - Mysterious death without proof of injury shall not warrant conviction The evidence of the vital witnesses was not shifted and assessed according to rules of evidence by the t..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....ant submits that when he was not named in the F.I.R. and the police could not gather any material against him although investigation has been going on for over a year the High Court Division in the facts and circumstances of the case ought to have enlarged him on bail. This contention is not oppos......espondent Judgment: August 22, 1988. Criminal Appeal 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 a......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..Category: Criminal Law | Date: | Hits: 53
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