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Abul Khair Miah beÂing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....n their affidavit-in-opposition, though have challenged the vaÂlidity of the sale deeds, yet have admitted that the appellant was in possession after his purÂchase on 20-8-75. On these unchallenged facts, we come to the first question to see whether the High Court Division has allocated the onus o...... Appellate Division (Civil) Present: Kemaluddin Hossain C.J. Ruhul Islam, J J. K M. Subhan, J. Badrul Haider Chowdhury, J. Abul Khair Miah beÂing dead his heirs: Abul Kashem and ors. …..Appellants. Vs. Bangladesh and others……………………………………â......rong allocation of onus cannot be sustained. It has been stated earlier that the appellant's possession of the property, the pendency of the mortgage suit from 1954, to 1975 and the total lack of any evidence from the side of Enemy Property authority that the vendors of the appellants ever migrated ..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....at section 6 of the General Clauses Act 1897 was not to apply to a right already accrued or to liability alÂready incurred under P.O. 50 before it was repealed.'' 30. In the present case the facts, though, as shown before, are a little different (in both cases charge sheets were submitted a......963 SC 447; Uttar Pradesh v. Md. Naim, AIR 1964 SC. 703 at 705; Ratilal Bhanji Mithan Vs. Asstt. Collector of Customs, AIR 1967 SC 1639 at 1641; Golam Mohammad Vs. Mozammel Khan, (1967) 19 DLR SC 439 and GovernÂment Vs. A.T. Mridha (1974)26 DLR (AD) 17 at pp 21, 25; AIR 1945 PC 94; AIR 1945 PC 18; ......ease on bail of the appellant pending disÂposal of the appeal. Section 427 confers the power for the arrest of the accused in appeal from acquittal; and section 428 confers the power to take further evidence or direct it to be taken. Section 526 provides for the power of the High court to transfer ..Category: Criminal Law | Date: | Hits: 66
Coal Controller, GovernÂment of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....n taking too many adjournments in the hearing of the matter had displayed an unacceptable conduct. 4. Mr. Khondker Mahbuddin Ahmed, learned Advocate for die petitioner, submits that in the facts and circumstances of the case section 8 of the Arbitration Act, 1940 was not at all attracted...... Rafiqul-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No. 227 of 1993. (From the Judgment and order dated 3.3.93 passed by the High Court Division in Civil Revision Case No. 370 of 1993). ......petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....tion on the scope of section 105(1) of the Code of Civil Procedure is involved in the present appeal. 2. Proper appreciation of the point that has been raised in this appeal a narration of facts in brief is necessary. The plaintiff instituted OS No. 230 of 1969 in the 1st Court of Munsif......haraj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-Record–For the Appella......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....t for want of any legal evidence to support it. The fact that the accused were tried and found guilty and then unsuccessfully filed an appeal and a revisional application cannot be a ground, in the facts of the present case, for refusing to exercise the Court's power under section 561A Cr.P.C. ......upreme Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J. Mofazzal Hossain Mollah and others .........................Accused-Appellants Vs. State ..........................hile summarily rejecting an application by the accused-appellants under section 561A Cr.P.C., which sought to quash their conviction for theft on the ground that the conviction was based on no evidence. The impugned order of the High Court Division is dated 21 April 1992 in Criminal Revision..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....hali in Miscellaneous Appeal No. 120 of 1974 affirming the order of the Subordinate fudge, Noakhali, refusing to recall appointment of receiver in Other Class Suit No. 137 of 1974. 2. Short facts necessary for the disposal of this appeal may be stated as follows: The appellant, who...... Present: Fazle Munim J Ruhul Islam J KM Subhan J. Jogendra Kumar Dutta ........................Appellant Vs. Nur Mohammad and others................Respondent Judgment June 15th, 1978. Cases Referred ...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......993) 171 ......stion of waiver of the right of pre‑emption by Sadat Ali Kari. In view of concurrent finding that Sadat Ali Kari was a non-notified co-sharer and the pre-emptee could not establish by leading evidence that he had knowledge about the transfer, there is no scope for raising the question of w..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....er raised. It was submitted that the High Court Division has made out a third case. It was also submitted that the apprehension of several legal complications was not founded on concurrent finding of facts as the two Pleader Commissioners and the two Courts below found that there was no vacant space...... MH Rahman J ATM Fazal J Mustafa Kamal J Latifur Rahman J Haji Nurul Alam @ Haji Nurul Alam Sawdagar.....................Appellant Vs. Al‑Haj Abdus Sobhan Sawdagar Wakf Estate and another ....................Respondents Judgment January 22, 1992. Lawyers Involved: ....... The temporary injunction matter was fought solely on the issue as to whether the appellant was making construction on a vacant space of land measuring 68'x 3' belonging to the respondent and on the evidence available for the purpose of temporary injunction, the two Courts below gave a finding ther..Category: Property Law | Date: | Hits: 66
State Vs. Zahir and ors., 1993, 22 CLC (AD)
.... section 161 Cr.P.C. is a valuable right and often provides materials for cross-examination of the prosecution witnesses. In the instant case the defence not only asked for these statements but the facts of the case showed prejudice to the accused which weighed heavily with the High Court Divisio...... Badrul Haider Chowdhury J. State............................Appellant Vs. Zahir and ors ..............Respondents Judgment November 27th, 1980. Lawyers Invo......ts allegedly recognised were not disclosed to them when they came immediately after the occurrence, (b) statements of the witnesses under section 162 Cr.P.C. were not given to the accused; (c) The evidence of P.W. 12 shows that the statements recorded under section 161 Cr.P.C. had been lost, (d)..Category: Criminal Law | Date: | Hits: 48
Kalu and another Vs. State, 1993, 22 CLC (AD)
....idence of P.W. 4 the learned Judge also discussed and considered the evidence of P.W.s 5, 6 and 7 of whom reliance was placed by the learned Judge on the evidence of P.W.s 6 and 7. From the facts and circumstances as stated above, no illegality appears to have been committed by the High C......pellate Division (Criminal) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J. Kalu and another........ .....Appellants &nb...... not contain the ingredients of section 201 of the Penal Code, the appellants' conviction under the latter section could not stand; and ii) Since the conviction is based solely on the evidence of the mother, P.W. 4, who is a highly interested witness, it cannot be sustained. ..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
.... elaborate reasons the High Court Division did not find P.W. 8 to be a reliable corroborative witness. Then it held, "although corroboration from independent witnesses is not necessary in the facts and circumstances of this case, as an extreme caution we rely upon P.W. 11 for satisfactory c......ed in: 45 DLR (AD) (1993) 140 ......lu), of whom P.W.s. 2, 3 and 5 are full brothers and are nephews of deceased Ekhlasuddin, are the eye‑witnesses to the occurrence and the prosecution case which transpired from their common evidence is, that deceased Ekhlasuddin Ahmed and his son deceased Ehsanul Huq @ Tunu and Ekhlasuddi..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....ment dated 9 December 1992 discharged the Rule in the said writ petition. 4. In order to appreciate the point raised by Dr. Kamal Hossain, learned counsel for the petitioner in this petition, some facts are necessary to be noticed. The BSB published the sale notice in the daily 'Dainik Bangla on ......ivision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16, 1993. Lawyers Invol......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..Category: Banking Law | Date: | Hits: 142
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
.... method of the investigation that led to the submissions of two charge‑sheets, a very unusual event on the self‑same occurrence. The investigating officer ought to have ascertained the facts independently and submitted charge‑sheet if at all in one case only, leaving the other ...... ......cord of the two cases distinct and separate. The advantage of a simultaneous trial is that it gives the trying judge a comprehensive picture of the entire occurrence although proved separately by evidence in the respective case which are required to be disposed of on the basis of separate ev..Category: Criminal Law | Date: | Hits: 40
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....ed invoking sub‑section (2) of section 222 of the Code of Criminal Procedure. 5. Leave was granted to consider whether the learned Judge of the High Court Division acted rightly in the facts of the case in holding that the prosecution failed to prove its case beyond reasonable doubt.......For the Appellant. Abdus Sobhan, Advocate, Supreme Court, instructed by Ataul Haque, Advocate-on-Record -For the Respondent. Criminal Appeal No. 15 of 1990. (From the Judgment and Order dated 12 January, 1986 passed by the High Court Division, Barisal Bench in Criminal Appea......at Patuakhali) as ordered by the High Court Division, only on the charge under section 409 Penal Code, in Special Case No. 3 of 1972. 3. The learned Special Judge upon a consideration of the evidence on record found that the prosecution proved its case against the accused-respondent b..Category: Criminal Law | Date: | Hits: 41
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....115 of the Code of Civil Procedure filed against the order dated 9.10.90 passed by the Subordinate Judge, Natore refusing to add the appellants as defendants in OC Suit No. 19 of 1987. 2. Material facts of the case are, that respondent No. 1 as plaintiff instituted the aforesaidsuit against the G...... also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......sp; Vs. Hosne Ara Begum and others....................... Pre‑emptee-Respondents Judgment April 21st, ......and actually transferred. Therefore the appellant's claim to pre‑emption cannot exceed 20 decimal, which he has been already allowed from one plot. As to the other plot, neither is there any evidence what area was transferred from each of the two plots, nor is there any evidence whether th..Category: Property Law | Date: | Hits: 72
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....respondent No. 5 Milon Md. Bachhu to show cause under what authority he claims to hold or purports to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati. 2. The brief facts are that the nomination paper for the election of Chairman of the said Union Parishad was fil......an J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nazimuddin Molla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents Judgment March 29th, 1993. Lawyer......ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ..Category: Election Law | Date: | Hits: 106
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....concurrent finding of the Courts below that there was no sufficient cause for non‑appearance, and the application for condonation of delay for filing the application for restoration was rejected on facts on the grounds of negligence the High Court Division erred in law in interfering in the matter...... This case is also reported in: 45 DLR (AD) (1993) 112 ...... of the Code of Civil Procedure was filed belatedly with an application for condonation of delay. After considering that the date for the hearing was fixed within the knowledge of the parties and the evidence of P.W.1 that the date of hearing was within the knowledge of the defendants, the trial Cou..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....nt being aggrieved by the said order moved court and obtained leave to appeal from the same. 4. In order to appreciate the point involved in the appeal it is necessary to briefly notice the facts of the case which led to the prosecution of the appellant and his colleagues and the confisca...... Appellant. Shamsul Alam, Deputy Attorney‑General ,instructed by A W Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No. 6 of 1992 (From the Judgment and order dated 5.12.91 passed by the High Court Division, Dhaka in Criminal Appeal No. 445 of 1989......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..Category: Criminal Law | Date: | Hits: 62
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....he Additional Sessions Judge for &‑hearing and disposal of the same on merit. 5. The High Court Division took the view that section 195(l) (b) of the Code was not attracted in the facts of the present case and no complaint by the Magistrate for prosecution of the appellant under......; Vs. Abdul Kader and other............................Respondents Judgment May 8th, 1991. Cas......y end with a definite Judgment after an inquiry or a trial, or earlier according to the exigencies of the situation obtaining at a particular stage, and which involves, if need be, the adducing of evidence and the decision of the Magistrate on an appreciation thereof. They cannot be viewed in is..Category: Criminal Law | Date: | Hits: 40
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