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Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......ust 7, 1990. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented - Respondent. Civil Petition for Leave to Appeal No. 157 of 1990. (From the Judgment and Order dated 15-5-90 passed by the High court Di......bmits that the order of the miscellaneous case for default is not an order "under Order IX, rule 13, CPC rejecting an application to set aside a decree passed ex parte" and hence Order 43, rule 1 (d) law had no application. 4. The argument is not tenable. The effect of an order of dismissal of th..Category: Civil Law | Date: | Hits: 105
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......ed Ekabbor Ali, father of the respondent, went to the house of the parents of Halima Khatun and reported that Halima Khatun was seriously ill. Both the courts below found this to be a false story and accordingly convicted the father under section 201 of the Penal Code for giving false information to...... State.........................................…..Appellant Vs. Mofazzal Hossain Pramanik ..................Respondent Judgment June 27, 1990. Lawyers Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the R......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)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......rder, 1972 (P.O. No. 27 of 1972) Articles 5(a) and 17(1) The power of control, supervision and 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 provis......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
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....that it is generally correct and conforms to the traditional and orthodox view. We would, however, like lo add dot with the change of time and circumstances attending the administration of criminal justice time has come and experience also demand that the High Court Division will have to be a litt......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ...... No. 36 of 1984 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 ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......rder of acquittal, reverse such order and direct that further inquiry be made, or that the accused be retried or (sent) 'for trial, as the case may be, or find him guilty and pass sentence on him according to law ; (b) in an appeal from a conviction, (1) reverse the finding and sentence,......17 and 423 The process of altering a finding in an appeal from conviction must operate only within the limits prescribed under sections 236, 237 and 238 Cr.P.C. and this process of alteration must stop whenever it comes up against a finding of acquittal and a finding of acquittal can be converted ......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)
...., the two cases are certainly not in respect of the same incident and could not be said to be a case and counter-case regarding the same incident or same occurrence necessitating in the interest of justice to be tried simultaneously by the same court. It was also observed that the application wa......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......edure, 1898 (V of 1898), section 561A Practice and Procedure The requirement of a simultaneous trial is that the trials must be held in quick succession so that there occurs an over-all picture to the mind of the judge but if there is a long gap between the two trials the purpose for which a s......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 ......ail from the 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 Adv......1986 The Code of Criminal Procedure, 1898 (V of 1898), section 426 Bail Rejection of the appeal for appellants non-appearance at the time of filing of the appeal without giving an opportunity to the appellants, to appear before the High Court Division, who are granted bail from the trial cou......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 ......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 ......n…………………………(4 & 5) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellant. A. W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record, — For the Respondent. Crimina......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...... that the suit was not maintainable as P.W.1 was not the plaintiff. 13. In view of the discussion 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......respondents getting eviction of the appellants on ground of default and necessity, is confirmed. The contention of non-service of notice under section 106, T.P. ACT is beyond the pleadings and amount to making out a new case…………………(12) Cases Referred to- Kumar Narendra Nath Roy V.......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 ......n No. 284 of 1988 challenging this order; but the said Writ-petition was summarily dismissed by an order dated 13 June 1988. 2. The order for fresh election was challenged taking the ground that according to the Returning-officer and the Presiding-officer election in the disputed centre, Beno....... Afzal J Awlad Hossain ......................................Petitioner Vs. Haji Monwaruddin Ahmed & ors.........Respondents Judgment July 4, 1988 Civil Petition For Special Leave to Appeal No. 102 of 1988 The Union Parishads (Election) Rules, 1983, Rule 70 Practice and Pro......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
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....ppellants hand and foot by its own conduct disentitling them form any relief. No illegality has been committed in passing the order by the government and there is no violation of principle of natural justice and no question of estoppel. Hence the appeal is dismissed……………..……(10, 11 & 1......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 ......................Respondents Judgment April 20, 1986. Civil Appeal No. 18 of 1986 The Evidence Act, 1872 (1 of 1872), Section 115 Pleading unawareness is one of the most convenient ways to avoid responsibility or for shifting it on to others, but the conduct of the appellant Society, h......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
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....t jurisdiction of the High Court Division was not available to the petitioners for establishing their contractual right based on licence, the terms of which had excluded the principles of natural justice. 6. At the time of the hearing of these appeals the learned counsel for the appellants pr......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......e three appeals) Judgment May 18, 1986. Civil Appeal Nos. 10, 11 & 12 of 1986 The Constitution of Bangladesh, 1972, Article 102 Contractual right, based on the licence, is not amenable to the writ jurisdiction of the High Court. The appellants have failed to point out any violation of......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ...... of the plaint in Case No. 1145 R.A. of 1959-60 and the lease granted of the same property on its basis to defendant Nos. 1 and 2 are illegal, void and without jurisdiction. 3. Facts of the case according to plaintiffs are: The disputed land appertaining to R.S khatian No.517 of mouza Shiraj Ka...... officer, the plaintiff-respondent filed this suit after the limitation has well-expired. This suit is not maintainable. The appeal is allowed and judgement of the trial court dismissing the suit, restored…........(14,15,16,17) Lawyers Involved: Md Nurul Huq, Advocate-on-Record - For the Appe......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)
....ocedure, 1898 (V of 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 di......ed 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 that grave miscarriage of just......t made before the Sub-Divisional Magistrate, Nowabganj, by the appellants. They alleged that they had taken settlement of the disputed land from the Government by paying necessary salami and went into possession and grew Aush paddy which was however forcibly reaped away by the accused-respondents ......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)
....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 ......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 ......na Khanam, Defendant No. 4..................Petitioner Vs. Begum Nurun Nahar and ors.............................Respondents Judgment April 1, 1987. Civil Petition for Special Leave to Appeal No. 302 of 1986 The Code of Civil Procedure (V of 1908), Order XXI In a decree of pa...... 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)
.... 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 ...... 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 ...... June 30, 1985. Civil Appeal No. The Specific Relief Act, 1877 (I of 1877) Section 9104 of 1984 The Code of Civil Procedure, 1908 (V of 1908) Order 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 restra......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)
....een the parties have been taking conflicting stands, an order for further enquiry will not be justified. Having taken into consideration all aspects of the matter, we think that, in the interest of justice, further enquiry should be made into the complaint which we find to have been improperly dis......ne himself to the evidence produced before him and if on such evidence a prima facie case is made out he will issue process. Thereafter the trial Court will see whether both the cases will be tried according to the established practices and procedure for trial of cross-cases. That the police hav......he 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..………………(7) Lawyers Involved: ......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)
.... appellants by P.W. 5 Khandura Sk. who was found by the High Court Division to be an independent witness. 12. We are satisfied upon examining the evidence that there has been no miscarriage of justice on the grounds raised before us and thus the impugned order does not call for any interferen......are satisfied upon examining the evidence that there has been no miscarriage of justice 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 ...... Vs. The State………………………...Respondents Judgment April 20, 1988. Criminal Appeal 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 wi...... 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)
....76 is quoted below: "476. (1) When any Civil, Revenue or Criminal Court is, whether on application made to it in this behalf or otherwise, of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in section 195, sub-section (1......allow the appeal in part and direct that the proceedings in respect of Appellant No. 1 only be quashed. This order, however, does not stand in the way of the court concerned in making a complaint according to law. A. T. M. Afzal J. - I agree with the decision of my learned brother Shahabud...... (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 literal. Construction results in contradiction or leads to absurdity, which could not have been the intention of the Legislature, then the rule of literal c...... 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)
....In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ...... Pre-emptor-respondent then went in revision before the High Court Division. The learned Judge by the impugned judgment and order held that the finding as to defect of parties was not sustainable and accordingly set aside the decision of the Subordinate Judge and restored that of the Munsif. 4. L...... 1951), sections 90 and 96. Practice and procedure Although the application for pre-emption was filed in 1964 the trial court rightly held on the basis of reported cases that the proceeding was to be decided under the Bengal Tenancy Act as the cause of action arose in the case before part V of...... 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
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