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Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......unsuccessfully moved the High Court Division in revision against the appellate judgment and decree and then came to this Division and obtained leave to appeal. 7. Leave was granted to consider two questions: (1) whether the tenancy of Samad Ali continued in the facts and circumstances of the case......the appellate judgment and decree and then came to this Division and obtained leave to appeal. 7. Leave was granted to consider two questions: (1) whether the tenancy of Samad Ali continued in the facts and circumstances of the case as found by the Subordinate Judge and (2) Whether the kabala Ext..Category: Property Law | Date: | Hits: 43
....��B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......e instant case the reasons for and necessity of cancellation of the appellant' license were there in the report, notes and recommendations made by the officers with whom the Minister only agreed. The question, there-fore arises, is it imperative that the person/authority empowered to take action mus......gladesh and others.. .................................Respondents
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..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter Ahmed 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 ......e decision of the Tribunal and then an unsuccessful revision against the appellate order. 8. Coming to this Division with a prayer for leave to appeal submissions were made disputing and raising question as to the recounting of ballots by the Tribunal which appeared to merit consideration as th......e on behalf of the respondent for re-counting of votes. Mr. Khan is obviously conscious of the findings made by the Tribunals in this behalf which read as follows; "In the above circumstances and facts the recounting by the Tribunal is not illegal and irregular, since the counting of the votes b..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....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. ...... challenged the finding of the report in various paragraphs, namely, 7 to 17 and contended that the enquiry was not enquiry, inasmuch as, neither the Chairman nor any Commissioner was asked any question regarding the materials collected by the committee from the Pourashava Office, and the en...... corporate body and as a juristic person no doubt but it acts through human agencies, namely, through the elected commissioners and the Chairman is also an elected commissioner under section 6(4). On facts, ground was not laid for the exercise of power under section 135 and such exercise tantamount ..Category: Election Law | Date: | Hits: 118
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......t appellants 2-4 ordered appellant No. 1 Amar Kumar Thakur to cause the death of Nanda Lal; rather the evidence shows that it was Amar's individual act which caused the death of Nanda Lal. From the facts proved neither common intention nor abetment on the part of appellants 2-4 to kill Nanda Lal..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 plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......und of the changed society and social outlook and the need of the country it would not be reasonable to enforce the right of pasturage." 5. Leave to appeal was granted to consider (i) whether the question of reasonableness of a customary right should be decided on the condition prevailing at the......ded to bring the suit land under cultivation the plaintiffs filed the suit in 1958. The trial Court found that the land had already been brought under mechanised cultivation by defendant No.1. In the facts of the case the impugned judgments do not call for any modification by way of allowing the pla..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......f being totally absent in the first information report, the High Court Division erred in not rejecting the evidence adduced by P.W.1 S.I. Ashraful Islam and others in that behalf; (2) that in the facts and circumstances on record it ought to have been held that the alleged confession was not tru..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....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 ...... law is applicable in their case. A court of law does not decide a point in 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 conscienc......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 ..Category: Property Law | Date: | Hits: 32
Government of Bangladesh 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. ......g the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this aspect of the case calls for no decision inasmuch as, the moot question was whether the house in question was abandoned property. The learned Judges themselves hav......ot. Since the entire gamut of P.O. 16 of 1972 had been examined thoroughly and X' Rayed by two authoritative decisions of this Court the least that can be said is that P.O. 16 is not attracted to the facts, of this case. There is no hesitation in saying that the property cannot be termed as an aband..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....ntiffs' claim; and that the plaintiffs statement in their plaint in the previous suit would not operate as an estoppel. It remanded the case for a fresh decision on the point whether plot No. 215 was identical with item No.1 of Babu Khan's kabala Ext. B after giving the defendants an opportunity f......fect in the frame of the suit the plaintiffs should be bound by their statements in the previous suit. 11. The High Court Division wrongly relied on Omar Ali V. Abdul Ali 8 DLR 311 where no such question as contended before us was raised. 12. In view of clear provision in section 17 of our E......in evidence in subsequent proceedings to prove the institution and subject-matter of such cause, but are generally inadmissible, even as against parties or privies, as proof of the truth of the facts stated herein. But answers and decrees in Chancery are admitted in peerage cases as ev..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 dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......uch lump sum payments of rent. What is, however, important notice about such payments is that while granting receipts for them the plaintiff-respondent took care in giving such receipts month wise. A question is, do the facts constitute an evidence of a contract between the parties waiving the right......s of rent. What is, however, important notice about such payments is that while granting receipts for them the plaintiff-respondent took care in giving such receipts month wise. A question is, do the facts constitute an evidence of a contract between the parties waiving the right to receive rent wit..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 evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......hich was allowed by the High Court Division at Barisal and they were acquitted by the impugned order dated 10 January, 1984. Against this order of acquittal leave was granted by us to examine the question raised by the State as to whether the evidence on record particularly, the direct evidenc......th 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 the learned Judges of the High Court Division having acquired the accused it..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)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......High Court Division, Dhaka in Civil Revision case No. 152 of 1983.) Judgment: A. T. M. Afzal J. - Defendant 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 inte...... was the admitted kabala Ext. 'Gha' in favour of Hajrat Ali executed by Hamed Ali for 40 decimals of land. Mr. Khan has submitted that there cannot be any good reason for not considering the admitted facts at least in favour of the defendants' claim for a saham. 11. In view of all the facts notic..Category: Property Law | Date: | Hits: 34
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 ......er dated 19.3.85 passed by the High Court Division, Barisal Bench, Barisal in Criminal Revision No.61 of 1984. Judgment: Shahabuddin Ahmed J. - In this appeal at the instance of the State, the question is whether the impugned order of the High Court Division (Barisal) stopping all proceedings......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 ..Category: Criminal Law | Date: | Hits: 60
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the 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) 89 ......ade, cannot be rectified by subsequent payment of rent. He further submitted that the acceptance of rent by the plaintiff-respondent did not constitute any waiver. Moreover, plea of waiver which is a question of fact must be taken in the pleading and has to be established by proof of some overt act ......r these months No receipt was also produced to show payment of rents for March 1973 and April 1973 in time. Having regarded to the provisions of clauses I and 5 of section 18 of the Ordinance and the facts established in the case we are unable to accept the contention that the defendant-appellant is..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....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 ......cluding the building was under the possession of the plaintiff's society. Trouble started when the Government was given the permissive uses of the premises and since the title of the plaintiff was in question the plaintiff brought the suit for declaration in April, 1978 being Title Suit No.193 of 19......33 of 1979 and Title Suit No. 320 of 1980 in the 3rd Court of Subordinate Judge, Dhaka. These will be disposed of by this judgment since these two suits were tried analogously arising out of the same facts and circumstances with different prayers in respect thereof. 2. The Dhaka Lodge Welfare Soc..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......d by the appellant, if at all, was punishable under section 304 and not under section 302 Penal Code. The learned counsel sought to argue before us that Exception 4 to section 300 is attracted in the facts of the present case and as such the appellant ought to have been convicted for culpable homici..Category: Criminal Law | Date: | Hits: 52
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. ......count of Eidul Azha and the plaintiff’s suit filed on 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......d reason observed that it could not be held that the plaintiffs bargadar left the suit village later than in Poush 1359 B.S. It is contended that, as the appellate court did not consider the material facts and circumstances on which the trial court based its decision, the finding of fact as to the s..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....... prevail on the plaintiff’s document and the defendant is in possession which was established on evidence. A document that has been registered relates back to the date of its execution and when the question of title as between the two contestants claiming on the basis of successive documents execu......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...Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......ereafter this information was lodged. A mere glance in the information of the Court reveals the motive of the informant which can, to say the least, mean the harassment of the accused appellants. The question is whether such proceeding is liable to be quashed. Inherent power has been given "to preve......dhury J.-I regret that I could not subscribe to the view expressed in the judgment by my learned brother S. Ahmed, J. 2. Facts are given in the judgment, hence it is not necessary to elaborate the facts. In a criminal prosecution F.I.R. is an important piece of material. In the given case informa..Category: Criminal Law | Date: | Hits: 46
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