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Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)

....rence with the order of acquittal would amount to a reversal of the finding and the appellate court cannot usurp this power by regarding such reversal as mere alteration of the finding. 18. On the facts of the case before their Lordships the learned Chief Justice observed : “I find it impossi......e...........................................Respondent Judgment July 21, 1988. Criminal Appeal No. 18 of 1985 The Code of Criminal Procedure, 1898 (V of 1898), section 236, 237, 238, 417 and 423 The process of altering a finding in an appeal from conviction must operate only within th......of the appellant under sections 148 and 324 Penal Code and sentence thereunder as recorded by the trial Court has not been questioned before us. Indeed we are satisfied that there is sufficient evidence to justify the said conviction. For the reasons stated above, the alteration of the convic�..

Category: Criminal Law | Date: | Hits: 55

Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)

.... observed that the application was made just to obstruct the usual course of justice and to stop delivery of judgment in Sessions Case No.4 of 1988. 7. Leave was granted to consider whether in the facts and circumstances of the case the High Court Division was justified to reject the prayer of si......ate & Others..................................Respondents Judgment June 20, 1988. Criminal Appeal No. 3 of 1988 The Code of Criminal Procedure, 1898 (V of 1898), section 561A Practice and Procedure The requirement of a simultaneous trial is that the trials must be held in quick su......it gives the trying judge a comprehensive picture of the entire occurrence although proved separately by evidence in the respective case which is required to be disposed of on the basis of separate evidence and record. The Judge will be in a better position to appreciate the evidence in each cas..

Category: Criminal Law | Date: | Hits: 48

Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)

....ear. The order was, therefore, illegal but the fact remains that the appellants submitted themselves to the sentence passed and obtained an interim order of bail in their favour albeit wrongly. The facts of the case it will be less than charitable to attribute to the appellants that they were "fug......t Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ..

Category: Criminal Law | Date: | Hits: 97

Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)

....upport of his submission he has referred to the following decisions; 59 C.W.N. 1082, 11 DLR (PC) 143, 9 DLR 601 and 13 DLR 101. 10. Going through the said decisions it is found that not only the facts of the said cases are different but they also do not support Mr. Chowdhury's proposition. In......re deciding the question of limitation. The applications being clearly time-barred, the courts were not obliged to consider the case on merit whether there were irregularities in conducting the sales and the holdings were sold at a low price. The appeal is dismissed…………………(9,11,12) C......m. 11. It will be seen that in the facts and circumstances of the present case the principles referred to in the said cases nave no manner of application. The appellant could not prove by cogent evidence that he could not file the applications within time because of fraud or that his applicatio..

Category: Property Law | Date: | Hits: 24

Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)

....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......nt: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kutubuddin Ahmed..................................Appellant Vs Hasna Banu and anr.............................Respondents Judgment June 17, 1986. Civil Appeal No. 27...... 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 for the finding that the defendant paid rent to the plainti..

Category: Tenancy Law | Date: | Hits: 106

Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)

....e Minister granted lease of the fishery to respondent No.1 for 3 years on 20th September 1982. The appellant Society has bound itself, hand and foot, by its own conduct which manifests from aforesaid facts and it cannot, therefore, escape by pleading unawareness of the Government which were made on ...... conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the appellants during hearing of the matter before the Minister in spite of clear kno......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 ..

Category: Property Law | Date: | Hits: 34

Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)

....tion. 9. From the judgment of the learned Single Judge of the High Court Division it appears, however, that those documents were in the file of the case. After considering them and examining the facts and other questions relating to the matter he set aside the judgments and decrees of the court...........................Appellants Vs. Afizuddin Sheikh & ors..................................Respondents Judgment January 27, 1986. Civil Appeal No. 82 of 1984 The State Acquisition and Tenancy Act (XXVIII of 1951), Section 96 Un-exhibited documents considered by the High Court D......t (XXVIII of 1951), Section 96 Un-exhibited documents considered by the High Court Division did not materially affect result of the suit as because the documents already filed and exhibited and the evidence adduced sufficiently proves the case of the respondent. Hence the appeal is dismissed……..

Category: Property Law | Date: | Hits: 29

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

.... Circle Officer (Revenue) on 5th December 1975, plaintiff-respondents did not file the present suit but waited till the period of limitation for filing such a suit expired. In view of the aforesaid facts and circumstances of the case and also because no consequential reliefs were sought for by the...... (1988) 257 ......cancellation within time. 15. So far as the plaintiff-respondents alleged collusion and fraud in holding auction sale they could not substantiate the allegations. The trial Court referred to the evidence regarding issuing of notices and sale proclamation and did not find any irregularity ther..

Category: Property Law | Date: | Hits: 35

Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)

.... miscarriage of justice has been caused by 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 ......me Court Appellate Division (Criminal) Present: Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Nurul Huda…………………………..Appellant Vs. Bhashanu Sardar and ors..........Respondents Judgment May 8, 1988. Criminal Appeal No. 30 of 1983 The Co......he accused-respondents, when charged under sections 147 and 379 of the Penal Code, denied the complainant's possession and asserted that they were in possession of the land. On consideration of the evidence of six witnesses of the prosecution and one witness for the defence the learned Magistrate ..

Category: Criminal Law | Date: | Hits: 50

Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)

....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 ......l Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. M. Afzal J Tahmina Khatun alias Tahmina Khanam, Defendant No. 4..................Petitioner Vs. Begum Nurun Nahar and ors.............................Respondents Judgment April 1, 1987. Civil Petition for......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)

.... declaration of title and confirmation of possession and also filed an application for temporary injunction restraining respondent Nos. 1 and 2 from prosecuting the Title Execution No.3 of 1983. From facts so far disclosed, it appears that the appellant's prayer for temporary injunction cannot be gr......rder XXXIX, rule 1 No injunction can be granted to a person against: whom a decree has been passed under section 9 of the Specific Relief Act restraining the decree-holder from executing the decree and if an injunction is granted purpose of the suit under section 9 will be frustrated. No injunctio...... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..

Category: Tenancy Law | Date: | Hits: 114

Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)

....No. 106 of 1980, corresponding to Sessions Case No. 51 of 1981. The case has run a zigzag course for a period of over 9 years. For the purpose of deciding the question raised before us the relevant facts thereof may be briefly stated below. 3. One Mansur Sarder of village Chardhupuria, P.S. Jan......t Vs. Yakub Sardar & others..............Respondents Judgment May 9, 1988. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 436, 439 and 439A That the police have submitted charge-sheet cannot be a ground for dismissing the compla......the police have submitted charge-sheet cannot be a ground for dismissing the complaint. The Magistrate The Magistrate should have considered whether any process should have been issued in view of the evidence of the witnesses examined keeping in mind that he is not holding trial at this stage. When ..

Category: Criminal Law | Date: | Hits: 75

Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)

....��……………………Respondent Judgment March 15, 1988. Criminal Appeal No. 18 of 1987 The Code of Criminla Procedure, 1898 (V of 1898), section 497 Bail to an examinee In the facts and circumstances of the case particularly having regard to the good academic background and f......��………………Respondent Judgment March 15, 1988. Criminal Appeal No. 18 of 1987 The Code of Criminla Procedure, 1898 (V of 1898), section 497 Bail to an examinee In the facts and circumstances of the case particularly having regard to the good academic background and future ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ..

Category: Criminal Law | Date: | Hits: 56

Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)

.... the grievance that certain material aspects of the evidence were not considered by the High Court Division to their great prejudice. We shall come back to them shortly after noticing briefly the facts of the case. 3. One Safil Uddin @ Joybas Ali of village Daulat Rasulpkur, P.S. Mithapukr wa......peal No. 6 of 1986 The Evidence Act, 1872 (I of 1872), section 137 If the defence wanted to show that such a statement was not made before the Investigating Officer it must be put to the witness and the Investigating Officer in actually the same terms in which it is recorded in the examination-......mes of the accused from the deceased but also from Ayesha and Anjuman Ara. Police upon usual investigation submitted chargesheet and the trial took place as aforesaid. 6. The main and direct evidence in the case came from P.W.2 Ayesha and P.W.3 Anjuman Ara who were inside the hut of occurre..

Category: Criminal Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

.... purchase of a land and then filed the suit claiming specific performance of the contract as evidenced by the Bainapatra which also they produced in the court in support of their claim. As such these facts should attract the prohibition of clause (c). The learned Additional Attorney General has howe...... The state & anr…...................Respondents Judgment April 10, 1988. Criminal Appeal No. 4 of 1987 The Code of Criminal Procedure, 1898 (V of 1898), sections 193 (1) (c), 476, 561A and 195(1) (c) If the language of the statute is capable of two or more constructions or if the li......n this appeal, lodged a complaint on 21 May 1982 before the Sub-Division Magistrate, Khulna, alleging that the Bainapatra had been forged by the plaintiff of the suit who also produced it in court as evidence, and on that complaint cognizance was taken by the Magistrate and process was issued agai..

Category: Criminal Law | Date: | Hits: 63

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

....e deceased Efaz by Ajit and in that confessional statement Daud detailed the circumstances how the hostility developed between the two groups over the lease of the Hat. The trial Court accepted the facts from the confessional statement in order lo base its conclusion on the oral evidence. Analysis......ry J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir..................................Appellant Vs. The State................. 1860 (XLV of 1860), sections 326/34 or 149 The confession was no confession in the eye of the law as the maker did not implicate himself in the commission of the alleged offence. If the principal evidence in the case, namely, direct oral evidence does qualify to be trustworthy the alleged confes..

Category: Criminal Law | Date: | Hits: 61

Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)

....earned Judges were prima facie satisfied about the appellant's right and possession in the said fisheries. Further, in their application filed on 11th September 1985 respondent No.5 merely stated facts which were not substantiated by any materials on record so as to enable the High Court Divis......n : 40 DLR (AD) (1988) 213 ......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..

Category: Property Law | Date: | Hits: 45

M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

....the High Court Division is correct, reasonable and in accordance with the established principles and rules of construction. In addition to this question as to interpretation, another ground involving facts was taken in Civil Appeal No. 12 of 1987. It is that the departmental inquiry on the basis of ...... Moslem.................Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) Judgment August 18, 1987. Result: Appeals No. 10 and 11 of 1987 are dismissed with observations. Appeal No. 12 of 1987 is allowed. The Constitut......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..

Category: Employment/Service Law | Date: | Hits: 112

Bandez Ali Vs. The State, 1988, 17 CLC (AD)

....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ...... This Case is also Reported in : 40 DLR (AD) (1988) 200 ......in that connection when resistance was offered a free-fight took place between the panics during which the deceased Wayezuddin received the fatal blow from whom nobody knew. On consideration of the evidence the trial Court convicted the appellant Bandez Ali and 4 others under section 148 of th..

Category: Criminal Law | Date: | Hits: 67

Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)

....ay of revision and the ratio of the decision in 35 DLR (AD) 127 has no manner of application. It was observed: "In our view the observation made in that decision was with reference to the facts in that case. In that case the petition in the revisional application under section 439A C......im CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Haji Golam Hossain…………………………………….Appellant vs. Abdur Rahman Munshi and others ............Respondent. Judgment March 17, 1986. The Code of Criminal procedure...... shall thereby be discharged The law has brought in sharp focus the civil court to determine the rights of the parties or even possession. Since it is a question of fact that has to be adjudicated on evidence and the writ jurisdiction is not appropriate for seeking relief. 9. The Magistrate found..

Category: Constitutional Law | Date: | Hits: 174

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