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Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....functioning in the country at the apex of its judicial system. Hamoodur Rahman, CJ. considered that the Supreme Court has every right to examine the eviÂdence in a criminal appeal in the interest of justice. In what circumstances it will do so is a matter "on which it is neither possible nor desira......ng crime and while doing their testimony became discrepant and at times inconsistent. The trial court after shiftÂing the evidence came to the conclusion that the prosecution had proved its case and accordingly conÂvicted them. 4. It is well settled that it is the trial court which had the oppo......s 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 confession of no avail to the prosecution for the purpose of sustainin......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)
....Syed Ishtiaq Ahmed, Counsel for the appel-quite vehemently deprecated the defiance shown by the respondents as just mentioned and submitted that their conduct amounted to obstruction of the course of justice and they were, therefore, guilty of gross contempt of Court. Since the appeal from this peti......easons stated above, the appeal is disÂmissed. 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 ......6. The Code of Civil Procedure, 1908 (V of 1908), section 151 Exercise of discretion It cannot be conceived that once a stay order is passed by the High Court Division it loses its discretion to vacate the same, even if it is satisfied that the same should be vacated. Further, in view of the......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 leÂgal 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)
.... Dr. Anant R. Deshpande, AIR 1973 SC 171, it has been held that the Court can take notice of subsequent events to shorten litigation, to preÂserve rights of both the parties and to serve the ends of justice. In the case of Amarjit Kaur v. Pritam Singh and others, AIR 1974 SC 2068, it has been obser......te court is compeÂtent to take into account legislative changes since the decision in appeal was given and that its powers are not confined only to see whether the lower courts' decision was correct according to law as it stood at the time when this decision was given. In the case of M/s. M. Laxmi ......nts 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 1976 and were pending when the Rules of 1984 came into force. In the provisions for automatic disposal under the Rules of 1984 the qualifying clause "as......e appeals by special leave are directed against a common judgÂment 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
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......cannot be held that the matter ended with passing of the decree in the disposed of suit as because appeal is continuation of the proceeding, unless finally determined. The plaintiff-respondents title to the suit land cannot be declared unless section 3 of the Ordinance and the Notification mentioned......nnot be challenged as being invalid. Section 3 of the OrdiÂnance provides as follows: “ Notwithstanding anything contained to the contrary to the Forest Act, 1927 (XVI of 1927) in any other law for the lime being in force or in any judgment, Decree or Order, the lands comprising of 59,64..Category: Property Law | Date: | Hits: 63
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......aying that the appellant had another remedy e.g. by instituting a suit in the competent court, the writ petition was inappropriate. The appeal is dismissed……………..(6,7 & 13) Cases Referred to- Shahjahan Sheikh and others Vs. The Sessions Judge, Pirojpur (Criminal Appeal Nos. 48 and 49 ......arch 17, 1986. The Code of Criminal procedure (V of 1898), sections 439(4) and 439A(2) The Constitution of Bangladesh, 1972 (as amended), Article 102 No second revision lies in view of the law in Sections 439A (2) and 439(4) of the Code of Criminal Procedure. The constitutional mandate is..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....s passed the impugned order on 25 April 1985 alÂlowing the application for setting aside the ex-parte decree with an observation that in his opinion "summons was not duly served and that for ends of justice the defendant should be given a chance to contest the suit". This order was challenged in re......trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. .......................Respondent Judgment August 16, 1987. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on the plaintiff. In this case this ......e case of Deputy ComÂmissioner, Sylhet V. Israil Ali and others, 1981 BSCR, 222. In that case this Court held that a court while passing an ex-parte decree must be satisfied that all requirements of law have been fulÂfilled and held that the decree passed in that case “neither satisfied the lega..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......emo. No.1207-E 80/58 dated 28.11.60 issued by the Board of Revenue. The ReveÂnue Officer was alleged to have illegally assessed rents under section 50 of the Slate Acquisition and Tenancy Act which, according to the plaintiff, was illegal as the lands have been delivered to him rent free and were, ......y Act, 1950 [XXVIII of 1951], Sections 19(1), 22 & 50 WORDS, PHRASES AND EXPRESSION ‘Lakhiraj’ lands which existed in the Mughal period and continued through the British Rule extending upto the enactment of the State Acquisition and Tenancy Act ceased to exist. In section 22 of the Act ......any land from assessment or payment of rent. The impugned letter of the government directing the respondent to pay rent in respect of the land acquired and delivered to the mill is in accordance with law and the government is entitled to the rent for the present and future……………….(12 & 13..Category: Property Law | Date: | Hits: 47
....a Vs. Zakir Ahmed, PLD 1965 SC 90 = 16 DLR (SC) 1 722) which have consistently taken the view that in all proceedings by whomsoever held, whether judicial or administrative, the principles of natural justice have to be obÂserved if the proceedings might result in consequencÂes affecting "the perso......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......espondents
Judgment
July 29, 1987.
Result:
The appeal is allowed.
The Arms Act, 1898 (XI of 1878), Sections 16 & 18
In the facts of the case we think it was absolutely necessary to hold the inquiry with notice to and in the presence of the appellant. At the very least he ought ......he appellant. At the very least he ought to have been given a show cause notice against the enquiry report before the order was passed. "No one should be condemned unheard," is a settled principle of law which is embodied in the maxim audi alteram partem. the authorities in the present case at all s..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......y with the impugned order upholdÂing the concurrent decision of the Tribunals below, unfortunate it may seem though that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR......adoption of unfair means, undue persuasion and influence, bribery and disorderly conduct near the polling station, that there was colluÂsion between the presiding officers and the appellant, failure to maintain secrecy of voting, breach of offiÂcial duties etc. and casting of votes in the name of ......nts Judgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the parties, their lawyers and the presiding officers throughout the day with intensive scrutiny. The parties confronte..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....ctness of the proposition that has found faÂvour with the High Court Division. 12. Mr. M. Nurullah, learned Attorney-General appearing for the appellant, submitted that the prinÂciple of natural justice was in fact followed when the notice was served upon the Chairman to show cause why it will ......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ...... for his removal which is authorised by law. But certainly the Paurashava a corporate body which is elected by direct adult franchise cannot be superseded without giving an opportunity of being heard to the elected commissioners. They must have an opportunity before an action is taken. Section 133 c................Respondents Judgment August 31, 1987. The Pourashava Ordinance, 1987 (XXVI of 1987) If any individual elected commissioner or the Chairman himself do come within the mischief of law then the necessary steps can be taken for his removal which is authorised by law. But certainly ..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......ine the area of the dwelling house and its valÂue cither on the basis of the said report or on taking evidence of both parties if necessary and thereafter to pass a decree in favour of the plaintiff according to law and in the light of the obÂservation made above." 5. Leave was granted to consi......others............................Respondents Judgment November 2, 1987. Result: The appeal is allowed. The Partition Act, 1893 (IV of 1893), section 4 The purpose of section 4 is to see that a transferee out sider does not force his way into a dwelling house in which other membe...... Commissioner, but the Court at that stage is not concerned as to what direction should be given to the Commissioner for completing the partition. It is true that the defendant is a purchaser but the law allows under section 4 of the Partition Act the plaintiff to claim for repurchase of that share ..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... Judgment June 24, 1987. The Penal Code (XLV of 1860) Sections 302/34, Section 34 Sections 34 and 109 In the absence of proper and clear evidence given by P.Ws. 9 and 11, it is difficult to infer that appellants 2-4 wanted that Nanda Lal should be killed and at their behest Amar struck ......Pada were beaten up by others. Nanda Lai died instantaneÂously having received the said injury. The accused left the place. Many neighbouring people including Surendranath Biswas (P.W.1), brother-in-law of Nanda Lai arrived at the place of occurrence and heard everything from Amalendu and Bishnupad..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......Sarker being dead his heirs: Fazlul Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the pe......Saladurjaman Chowdhury v. Oajuddin ILR 63 Cal. 851=AIR 1937 Cal. 46 and Asrabulla and others v. Kiamatulla Haji Chowdhury and others AIR 1937 Cal. 245, the High Court Division comÂmitted an error of law in dismissing the second apÂpeal by considering the reasonableness of the right of pasturage in..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....e thereafter he did not try to hide his misdeed. In view of all this and in the view already taken in the aforesaid case (Nausher Ali vs. State) 39 DLR (AD) 194 we think that it will meet the ends of justice if the sentence of the appellant is commuted to imprisonment for life. In the result, the......cion and torture by the poÂlice. 9. The Additional Sessions Judge upon a conÂsideration of the evidence found that the prosecution had been able to prove its case beyond all reasonable doubt and accordingly convicted the appellant under the aforesaid sections and sentenced him to death. 10. ......nal Code, 1860 (XLV of 1860), Section 302 FIR is not a piece of substantive evidence but may be used for corroborating or contradicting the maker only. omission in the FIR of the fact leading to recovery of the dead body, could not be a reason for discarding the evidence of the witnesses on ......t the Magistrate before recording the confession did not inform the appellant that he would not be remanded to police custody even if he did not make any confession. There is no requirement under the law to inform the accused as above. Of course, if a Magistrate has any reason to believe that the ac..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....n vacuo. Where there is no controversy, the Court is not expected to lay down a law on supposed controversy. As for the other questions whether the parties should be governed by principles of equity, justice and good conscience they do not merit consideration because here there was no controversy an......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......d Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors...................Respondent Judgment November 11, 1987. Leave was granted to consider whether the Buddhists in Bangladesh are governed by the Hindu Law in matters of successi....... Leave was granted to consider whether the Buddhists in Bangladesh are governed by the Hindu Law in matters of succession. The plaintiff and the defendant both took the position that Hindu law is applicable in their case. A court of law does not decide a point in vacuo. Where there is no ..Category: Property Law | Date: | Hits: 32
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......d upto 30th September, 1984. In the meantime on 8th September, 1984 the respondent himself wrote to the Government: “I was a permanent resident of the terÂritories now comprised in Bangladesh and, according to the nationality law of Bangladesh, I still continue to be a permanent resident of those......impugned order was issued under P.O. 16 of 1972 treating the property of therespondent as abandoned property. The High Court Division while entertaining the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this aspect of th......e 2(1)(i) of P.O. No.16 of 1972 and in the circumstances the learned Judges of the High Court Division erred in making the rule absolute upon an erroÂneous construction of the relevant provisions of law referred to above." 3. The crucial question is, whether the suit property is an abandoned pro..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ...... where they claimed only 5 annas 10 gandas 1 Kara 2 Kranti 8 tils share and admitted that Babu Khan's heirs had 8 annas share; that the heirs of recorded owners continued to possess the suit property according to the respective shares of their predecessors; that plot No. 215 was not the land of the ......I of 1872), section 17 An admission made by a party in a plaint is admissible as evidence against him in other actions but such admission cannot be regarded as conclusive proof and it is open to the party to show that it is untrue. To adjudicate upon the contention of admission in the plaint......r plot No. 215 was identical with item No.1 of Babu Khan's kabala Ext. B after givÂing the defendants an opportunity for taking out a local investigation, and for disposal of the suit acÂcording to law. 7. In Second Appeal the High Court Division set aside the judgment of the Court of appeal be..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......r recovery of arrear rents as monthly tenants in respect of the suit premises. The case of the plaintiff-respondent is that the appellants took rent of the premises at the rate of Tk. 350/- payÂable according to English calender month. As the apÂpellant stopped payment of rents on and from the mon......ssain...............................Respondent Judgment January 18, 1984. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(5) No implied contract either can be said to have been created simply by the fact of payment and acceptance of rents for several months at a t...... Controller on August 7, 1973 after making an offer on July 19, 1973 by money order cannot save defendant-appellants from being defaulters within the meaning of the aforesaid sub-section. 10. The law as to when a tenant would become be deemed to be a defaulter as provided in the Ordinance has al..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ...... the two accused having not been recorded by the Magistrate in accordance with the requirements of law, and not being incriminating in nature, the extra-judicial confession made by one of the accused to the villagers and chairman not being reliable and also considering other facts and circumstances ......sed at the earliest opportunity about their witnessing the occurrence, the confessional statements of the two accused having not been recorded by the Magistrate in accordance with the requirements of law, and not being incriminating in nature, the extra-judicial confession made by one of the accused..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....endant Nos. 2-7 in a suit for partition are appellants in this appeal by special leave. The question raised is whether the High Court Division ought to have made an order of remand in the interest of justice as prayed for by the appellants. 2. Md. Hamed Ali, predecessor-in interest of reÂsponden......, predecessor-in interest of reÂspondent Nos. 1(ka) to 1(chha) filed partition Suit No. 61 of 1972 in the First Court of Subordinate Judge, Mymensingh. Plaintiff is the son of one Sonaullah Sk. who, according to the plaintiff, was the owner of schedule 1 and 1(ka) lands of the plaint. Hajrat Ali, p......s heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 The documents being lawfully admitted into evidence on behalf of the appellants but could not be considered for want of oral evidence as hel......id Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 The documents being lawfully admitted into evidence on behalf of the appellants but could not be considered for want of ..Category: Property Law | Date: | Hits: 34
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