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Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....inion, Exts. B and C were not sufficient to prove the same in the absence of proof of payment of compensation and further evidence as to LA Case record, etc. Reference has been made to the various provisions of the Land Acquisition Act to show the different stages which must fellow the Notificat...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....ause he could do so without difficulty or inconvenience, and for the prosecution it will be well‑nigh impossible or highly inconvenient to throw any light on such a matter. However, by invoking the provision of section 105 or 106 of the Evidence Act the prosecution cannot relieve itself of its dut......rence against the accused under section 105 read with section 106 of the Evidence Act. 7. In his appeal before the High Court Division the respondent took a ground that the Sessions Judge erred in law in finding that the husband was at home on 30.7.81 and also in the night of occurrence on the ba..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....nd regulation under article 17(1) necessarily includes the power of transfer of an employee from one mill to another by the BJMC. In view of the Gazette Notification issued under Article 5(a) and the provisions of Article 17(1) of P.O. 27 of 1972, the Corporation's powers to take disciplinary action......terprise to another industrial enterprise both being placed under it, was held to be valid. The learned Counsel has contended that the learned Single Judge misconstrued the relevant provisions of law, particularly Article 17(1) of P.O. 27 of 1972 which defines the functions of a Corporation whic..Category: Employment/Service Law | Date: | Hits: 143
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....er section 302/34 Penal Code and sentenced each of them to transportation for life. 12. The question is: Can the High Court Division lawfully do it? This involves a consideration of the relevant provisions of section 423 Cr. P.C. which read thus: 423. (1) The Appellate Court.... may ......s assailants. He and Maniruddin were then taken to Gaffargaon Thana Health Complex for treatment but he breathed his last there at about 5 P.M. on the same day. Shah Rezaur Rahman (P.W.1), brother-in-law of Fakir, lodged FI.R. and Police upon investigation submitted charge-sheet. 5. At the trial ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......Case No.4 of 1988 (in which the trial is almost complete) may be withheld until conclusion of trial of case No. 5 of 1987. 9. It may be observed at the outset that there cannot be any objection in law to the two cases being heard by separate judges but it has been held in many decisions of the Hi..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... 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 ......trial court (however wrongly), till filing of the appeal and getting bail, is not just and proper. The order is set-aside and the case is remanded to the High Court Division for disposal according to law………………………(5,6) Lawyers Involved: Shaukat Ali Khan, Senior Advocate instruc..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......1988 The Code of Criminal Procedure, 1898 (V of 1898), section 426 Condition of payment of fine for bail Order for payment of the fine as a condition for the bail is not supportable either in law or on the principle of reasonableness. The appeal is allowed and the order for payment of fine a..Category: Criminal Law | Date: | Hits: 56
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......ooks the comprehensive findings made by the learned Munsif in that behalf which have not been reversed even by the learned Subordinate Judge. It is not disputed that Surendra Nath inducted his son-in-law Tarapada Majumder in the suit land who raised structures there, The defendant's case is that aft..Category: Tenancy Law | Date: | Hits: 106
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......rt Division simultaneously without mentioning either in the suit or in the writ petition about filing of such cases in such manner. Simultaneous remedies from different forums are not contemplated in law. Where there is conflicting opinion whether the election was peaceful in the centre or not, the ..Category: Election Law | Date: | Hits: 126
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....tions 51, 53 and 55 of the Act and not by filing the present suit." 8. Mr. Md. Nurul Huq, Advocate-on-Record, who appeared on behalf of the defendant- appellants submitted that in view of the provisions of section 36 of the Public Demands Recovery Act which required the plaintiffs' suit to......agitated the matter before the Certificate Officer under section 23 of the Act and lost the same on 5.12.75. The learned Advocate also contended that the learned Single Judge committed error of law in holding that the physical possession was not necessary to uphold the settlement made by..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....1898), section 367 Though judgement of the magistrate was not in proper form yet some reasons have been given for acquitting the accused persons. So, there was no miscarriage of justice even though provisions of section 367 of Cr.P.C has not been complied with. The appeal is dismissed……….(4)......P.C. 3. Mr. Aminul Huq, learned Advocate for the appellants, has referred to the Judgments of both the trial court and the Court of Appeal and has argued that these arc not judgments in the eye of law when these were not written according to the provisions of section 367 of the Criminal P.C. and ..Category: Criminal Law | Date: | Hits: 50
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ment-debtor's petition for appointment of an Advocate Commissioner by the Executing Court is maintainable under section 151 C.P.C. The learned Counsel has tried to argue that as there is no other provision of law for ascertainment of value of a part of the building which fell to the decree-holde...... petition for appointment of an Advocate Commissioner by the Executing Court is maintainable under section 151 C.P.C. The learned Counsel has tried to argue that as there is no other provision of law for ascertainment of value of a part of the building which fell to the decree-holders' share, pr..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....er section 9 of the Specific Relief Act cannot be granted. Let us consider if a decree obtained in a suit under section 9 of the Specific Relief Act is enforceable or not. To determine this, relevant provisions of law and decisions cited by the learned Advocates need consideration. Section 9 of ......re: "Mr. Khan Saifur Rahman, the learned Counsel, appearing for the petitioner argues that the learned District Judge Rejected the petitioner's prayer for injunction on an erroneous view of law holding that the suit for declaration of title and confirmation of possession is not contemp..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
.... question involved in this appeal by special leave is of considerable public importance. It is whether the Sessions Judge has got power under s. 439A, Criminal Procedure Code or under any other provision of the Code to direct a Magistrate to send the case to him for trial when the Magistrate d......ld 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 the complaint was dismissed in this case on an erroneous view of law, the only course for the Sessions Judge was to direct further enquiry under section 436 Cr. P.C...Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ...... that the appellants were armed with guns. As far as this material statement is concerned there is no omission. P.W. 3 Anjuman Ara could recognise only her Chacha accused Nazrul and Manik, brother-in-law of Nazrul. If the prosecution wanted to adduce false evidence against the appellants, it was..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....t in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage adjourn the hearing of the case until such appeal is decided." 5. As appears clearly, provisions in S.195, like the provisions is sections 196, 197 and 198 of the Crl.P.C. all appearing ...... 4. As appears, section 195 has put an embargo on the taking of cognizance by Court of certain offences as mentioned therein. Of these offences, those mentioned in clause (a) relate to contempt of lawful authority of public servants; no cognizance of these offences shall be taken except on a ..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....here was ho enquiry in that behalf. Even if it is held that pre-emption was allowed in 1980 by the impugned judgment of the High Court Division it cannot be said that there was any violation of the provision of P.O. 98 of 1972 in the absence of any objection raised by the pre-emptee in that behalf...... The question of eligibility for filing the case of pre-emption was raised on the allegation of petitioner already holding 100 Bigha land. The order of the Munsif was passed in 1967 when there was no law limiting land holding 100 Bighas. So, this objection is not sustainable. The point not raised ea..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......f I860], sections 302/34, 326/30 The Evidence Act, 1872 (I of 1872), section 30. The Penal Code, 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 principa..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....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 ......der of the fisheries in question with the respondent No.5 by the respondent No.1 on 19.7.1985 or at any date vide the Annexure-‘D’ should not be declared to have been granted or given without any lawful authority and of no legal effect and why the petitioner-Samity's still subsisting lease-hol..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....ervations. Appeal No. 12 of 1987 is allowed. The Constitution of Bangladesh, 1972 (as amended) Article 102 The proceedings against the appellants were not drawn the Rules of 1984. As such the provision of discharge cannot be applied therein. These proceedings were drawn under the Rules of 19......e appeals by special leave are directed against a common judgment of the High Court Division dated 10 March 1987 disposing of five Writ-petitions including W.P. No. 83 of 1985. A common question of law relating to interpretation of certain statutes being involved in these appeals they have been he..Category: Employment/Service Law | Date: | Hits: 112
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