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The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......ble in this case. Mr.M. M. Hoque, the learned Deputy Attorney-General, has failed to resist this contention. We find substance in the contention of the learned Advocate for the petitioner and accordingly we make the rule absolute." 4. We simply fail to understand how the learned Judges............Respondent Judgment August 18, 1987. The Code of Criminal procedure, 1898 (V of 1898), Section 339C read with Ordinance No. 37 of 1983 Time limit for trial was extended from time to time and the last date for conclusion of trial was on 30/06/1985. The order being passed on 19/03......e impugned order of the High Court Division (Barisal) stopping all proceedings of the Sessions Case No.213 of 1S$3 and releasing the accused respondent under section 339C, Cr.P.C., is well founded in law. 2. Facts necessary for disposal of this appeal are that on a first information report lodged..Category: Criminal Law | Date: | Hits: 60
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
.... allow this appeal on the ground that the suit is liable to be dismissed because of waiver and acquiescence. Shahabuddin Ahmed J. - I have gone through the judgments written by my Lord, the Chief justice and my learned brother Badrul Haider Chowdhury J: I concur with the judgment of my Lord the ...... for recovery of khas possession of the suit premises after ejecting the defendant-appellant on three grounds, namely, (i) default (ii) bona fide requirement and (iii) sub-letting. The default period according to the plaintiff was non-payment of rent in due time from March, 1973 to August, 1973. He ...... [XX of 1963], Section 18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amount to waiver so as to entitle him to the protection against the consequen......ent subsequently with interest which was accepted by the decree-holder. The question was whether it was a waiver and the Division Bench took the view that the question of waiver is a moot question of law and fact. It was observed: "The conduct of the decree-holders, however, lulled the judgm..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....dent (In both appeals) Judgment June 22nd 1987. The Constitution of Bangladesh, 1972 (as amended), Article 10 The constitutional obligation of the Appellate Division is to do complete justice and in doing so for the interest of justice and to clarify the factual position corresponden......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ...............Respondent (In both appeals) Judgment June 22nd 1987. The Constitution of Bangladesh, 1972 (as amended), Article 10 The constitutional obligation of the Appellate Division is to do complete justice and in doing so for the interest of justice and to clarify the factual positi......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..Category: Property Law | Date: | Hits: 39
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......ary 17, 1988. Result: The appeal is dismissed. The Limitation Act, 1908 (Act IX of 1908), Article 142 Court of Appeal below found that the plaintiff’s bargadar possessed the suit land upto 30th Chaitra 1359 B.S. and that if defendants entered in to the suit land even on 30th Chaitra 13...... the 16th April, 1965 was not barred by limitation. This finding of the Court of Appeal below cannot be construed as a making of a new case. The question of limitation is a mixed question of fact and law. In this case Court of Appeal below after considering the evidence both oral and documentary cam..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......ch of the High Court Division set aside the judgment and decree of the courts below and decreed the plaintiff’s suit with direction to give him possession on eviction of the defendant appellant and accordingly, made the rule absolute. 5. Leave was granted to consider the question when the posse...... Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975, but the defendant's document relates back to the bainapatra dated 30.12.72 and in pursuance of which the document of the defendant was registe......ubstance in this contention. The agreement was found genuine by the two Courts below. Even the learned Single Judge did question it. As for the second part of the contention is not the requirement of law that the bainapatra must mention that possession was delivered in pursuance of the agreement. ..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....accused appellants. The question is whether such proceeding is liable to be quashed. Inherent power has been given "to prevent the abuse of the process of the Court or otherwise to secure the ends of justice. In series of decisions of the Court and of other Courts; the scope of extent of section 561......formation report and the charge-sheet show that there are a number of witnesses of the occurrence. Among the 20 witnesses cited in the charge-sheet, one is Mohammad Ali, son of Mosahaque Biswas, who, according to the first information report, was, among others, abducted by the accused persons but ma....... The State and others ..................................Respondents Judgment July 5th 1987. The Code of Criminal Procedure, 1898 (V OF 1898), Section 561A A proceeding is liable to be quashed when the allegation upon which it is based is, on the face of it, groundless or so pre......es where offences triable by the Court of Sessions or Special Tribunal were not brought before the Court or Tribunal for trial because no information (FIR) could be given to the police due to unlawful pressure or intimidation by political elements or because no proper investigation could be ..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......sed any objection to the reopening of the case.
8. The question now is, among the tenders submitted on 18 December 1986, which was the highest? According to the appellant, his was the highest; but according to the respondents, that of respondent No. 4 was the highest. The trial Court took the vie......Manager, Bangladesh Shipping Corporation and others…....Respondents
Judgment
August 24, 1987.
Words and Phrases
Inchoate right means a right that has just begun but not yet developed into maturity. Protection of inchoate right of the tender may be sought when any other tender is, acce......ment. The learned single Judge, by the impugned judgment, set aside the order of temporary injunction. Leave has been granted to consider the question whether the learned Single judge well founded in law and fact in refusing temporary injunction pending disposal of the suit.
7. We have heard leng..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....ch notice on 28.3.85. The learned Counsel contended that the impugned order modifying the order of de-requisition was illegal, inasmuch as the same was issued in violation of the principle of natural justice. 7. The learned Counsel placed before the court the notice in "Form umo”. This notice i......itled to get possession of the said properly/ properties; I hereby order that possession of the said property/properties be restored to you." Possession of the said property/properties will accordingly be restored to you at ...............................................when “you are c...... a view was taken that 44 decimals was de-requisitioned, nothing further was done and no enquiry was either held as contemplated by rule 10(2). Therefore, it cannot be said that any right had accrued to the appellant which should not be recalled. Earlier order of the Government could be modified and......14.8.54 and the order was cancelled on the 13th. The Court held that this power of receding till a decisive step is taken is left with the Government. It was observed: "Locus poentitentiae in law refers to the power of receding till a decisive step is taken. If a decisive step is yet to be..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ....... 3 1987. The Employment of Labour (Standing Orders) Act, 1965 (VIII of 1965), Sections 17 and 25 The Specific Relief Act, 1877 (I of 1877), section 42 (i) Mere designation is not sufficient to indicate whether a person is a 'worker' or an 'employer', but it is the nature of the work, showi......by the Corporation. Again, Service Rules of the Corporation have excluded from their ambit all 'workers', obviously because when an employee is found to be a worker, he will be governed by the Labour law. Therefore, the finding of the High Court Division that the respondent was an employee of the Co..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ...... Result: The appeal is allowed. The Penal Code, 1860 (XLV of 1860), Sections 302/109 and 148 Considering all this unpractical and impossible things any reasonable mind must at once re-act to the apparent unreality and artificiality, of the whole prosecution case. It seems that the beginn......ase is that as a matter of fact Jamshed was killed and buried in Char Khidirpur within a short distance where Mobarak was held captive. Again it is said that at the intervention of one Erphan, son-in-law of Musa Sarkar, Mubarak was spared and he was ultimately set free on the following day after bei..Category: Criminal Law | Date: | Hits: 55
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ....... The learned Judge of the High Court Division, however, found that the suit for eviction was not maintainable against defendant No. 2 who is neither a sub-lessee nor a tenant under the plaintiff and accordingly set aside the judgment and decree of the trial Court. 5. The present appellants who a......106 When the tenancy itself which was created in favour of defendant No. 1 by the appellant's predecessor was terminated, a sub-lease in favour of defendant No. 2 by the tenant cannot be said to have subsisted. Since the basis of the right of defendant No. 2 to stay on in the suit premises i......pproach if a conclusion is sought to be reached by saying that in such circumstances defendant No. 2 became a trespasser and, therefore, a suit for eviction did not lie against her. Technicalities of law may sometimes prove to be of great value in winning even a bad case, but when the very bottom of..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......stodian of Enemy Property representing the share of enemy owner cannot go into possession of the joint land by dispossessing the co-sharer in possession of the said land without partitioning the same according to law. In this view of the matter the appeal was allowed and the impugned orders were dec......d within a year of the agreement. Plaintiff was asking for the kabala and since the property became enemy property the defendants, the heirs of Hemnalini could not execute, kabala. It was only the Custodian who could do it inasmuch as he stepped into the shoes of the owner itself with the power of t......t was genuine and the suit was not time-barred ought to have upheld the decree specially when the Custodian of the Enemy Property did not challenge the decree but by reasoning which is not tenable in law, the High Court Division had reversed the judgment and order of the trial court and set aside th..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....e defendant before an order is passed under rule 7 of Order 39 of the Code. This is the requirement of law as provided in rule 8. For protecting the rights of the parties or for securing the cause of justice. However the court can pass an order of inspection and preparation of inventory without givi......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......ohammad Mustafa Hossain and others ...................Respondents Judgement April 8, 1987. The Code of Civil Procedure, 1908 (V of 1908) Order 39, rule 7 Ordinarily a notice is to be given to the defendant before an order is passed under rule 7 of Order 39 of the Code. This is......ivil Procedure, 1908 (V of 1908) Order 39, rule 7 Ordinarily a notice is to be given to the defendant before an order is passed under rule 7 of Order 39 of the Code. This is the requirement of law as provided in rule 8. For protecting the rights of the parties or for securing the cause of jus..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......eged that "the appellant submitted a bill on 23 May 1985 for TK. 76,000/- and odd, for construction of the pucca drain but the bill was not paid because of an objection that the work was not yet done according, to the specifications stated in the contract. It was further alleged that the appellant w......Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result: The appeal is dismissed. (i) The Constitution of Bangladesh, 1972, Article 102 There is no room to entertain any doubt as to the maintainability of a writ petition by any citizen who questions the......ion clause in section 6 as a whole we are of the view that the pecuniary interest as referred to is an interest of any kind whether it is in connection with the contract or independent of it, for the law provides that a person having any pecuniary interest in the affairs of the Parishad is debarred ..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
.... High Court Division's observation that there was doubt whether the death was due to these injuries or to surgical operations performed on the injured person, was perverse resulting in miscarriage of justice. 3. This centres round the death of one Shantu who was an employee of Pabna Al-haj Textil....... Evidence of the Post-mortem doctor (P.W. 8) shows that the death resulted from four incised wounds, particularly the injuries at the abdomen and the chest, which cut both the lungs. The trial Court accordingly held them guilty of murder. On appeal the learned Judges of the High Court Division, in ......of 1860), sections 307/34 Reversal of the appellate Court's finding will not bring the case within the ambit of murder u/s. 302 P.C. It was nobody’s case that death was caused due to surgical operation for treatment of the victim after the impugned injuries were sustained in the ......ed to be a ground for giving its benefit to the accused for the purpose of acquittal. A faint doubt means a doubt which got no reasonable basis and as such no benefit of such doubt is contemplated in law. There was no basis for the learned Judges to entertain any doubt about the cause of death in vi..Category: Criminal Law | Date: | Hits: 62
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......ned order upholding the concurrent decision of the Tribunal below, unfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......doption of unfair means, undue persuasion and influence, bribery and disorderly conduct near the polling station, that there was collusion between the presiding officers and the appellant, failure to maintain secrecy of voting, breach of official duties, etc. and casting of votes in the name of ...... of the ballot papers and the final judgment would be pronounced after doing that job. Order dated 24. 3. 85 shows that the aforesaid unfinished job was dote on that date in presence of the party's lawyers and the Tribunal again recorded the results of recounting for all the seven centers w..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......as @ Md. Abul Kalam Basiruddin @ Abul Kalam Azad & another……………………Respondents Judgment April 5, 1987. Cases Referred to- Erfan Ali vs. Joynal Abedin Mia, 1983 BLD (AD) 342=DLR 35 (AD) 216. Lawyers Invol...... by the learned Judge of the High Court Division on misconstruction of documentary evidence, particularly the rent-receipts produced by the parties and also on wrong view of law taken by the learned Single Judge, in respect of the proceeding under section 19(1) of the..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......cific performance of contract for, 02 acre of land on 29th November 1972 in Title Suit No. 91 of 1970. He, however, did not obtain any kabala from Court in pursuance of the decree. He claimed that according to the provisions of section 53A of the Transfer of Property Act he being in possession o......in was owner of the CS. plot No. 404 comprising an area of .14 acre and CS. plot No. 400 comprising an area .13 acre recorded under khatian No.1 of Mouza Bishapur, Comilla. He transferred the plots to Hasna Banu by two registered deeds of sale in 1934 who transferred the entire plot No. 404 to he......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman 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: 39 DLR (AD)(1987) 223. ......g witness or an identifier of the executants the plaintiff did not give any explanation. The plaintiff did not also examine any of three persons, Gouri Saha, Nepal Saha and Narayan Chandra Saha, who, according to him, were present at the time of tie talk for the gift. 33. The plaintiff for the f......resent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment Februa......uit property in 1970". Then significantly adds "although it is apparently to that effect". 7. The approach of the trial court appears to be confusing and contrary to the well-settled principles of law. If the question is whether the deed of gift is genuine or not the simple answer it, it being ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......llip;………………………………………Respondents Judgment March 31, 1987. Cases Referred to- Altafur Rahman vs. Tamijur Rahman, 30 DLR (SC) 236. Erfan Ali vs. Joynal Abedin, 35 DLR ......ond appeal is not the mere correction of error of a legal proposition, or pointing out the true procedure, but also to determine properly, issues of fact after making the correct exposition of law, if such determination is essential for disposal of the appeal. Subject to this narrow jurisdi..Category: Property Law | Date: | Hits: 50
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