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Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......e rank of a Sub-Inspector of Police must be submitted before it. The expression used in the sub-section "shall not take cognizance except on a report in writing" is mandatory in nature. 8. The question, therefore, is whether the Sessions Judge at the time of passing the impugned order, had su......nder Article 102 of the Constitution. The High Court summarily rejected the application on January 25, 1977, on the ground that it was for the Special Tribunal concerned to decide as to whether the facts of the case attracted the provisions of the Special Powers Act and whether the Special Powers ..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......). Judgment: K. M. Subhan, J.—This appeal by special leave is from the judgment and order passed in Writ Petition No. 792 of 1977 by the High Court Division. This appeal centres round the question whether the Sessions Judge had jurisdiction to take cognizance of the offence under secti......take cognizance of the offence under section 27 of the Special Powers Act and while acting as a Special Tribunal he was competent to revise an order passed by the Sub-Divisional Magistrate. 2. The facts leading to the question are that the appellant who travelled from Bangkok to Dacca on 27.3.7..Category: Criminal Law | Date: | Hits: 63
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......ssed on 5.10.76. The appellant being aggrieved by the aforesaid order of the Joint Secretary moved the High Court Division under Article 102 of the Constitution. 3. The dispute centred round the question whether the vendors of the deceased appellant migrated from the then East Pakistan some tim......n their affidavit-in-opposition, though have challenged the validity of the sale deeds, yet have admitted that the appellant was in possession after his purchase 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..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......e to all actions pending as well as future'' (vide Kinlay v. Draper, 186:5 LR 3 QBD 160 at 163). In the opinion of the learned Judges as "in these case the trial has not started and, therefore, the question of continuing proceedings does not arise". After referring to a case reported in AIR 1938 R......at section 6 of the General Clauses Act 1897 was not to apply to a right already accrued or to liability already 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..Category: Criminal Law | Date: | Hits: 66
Coal Controller, Government of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....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 ......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 ......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..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....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 ......tituted the suit for ejectment after determining the tenancy by a notice under section 106 of the Transfer of Property Act. 3. The defendant in denying the plaint case in denying raised the question of title of the plaintiff. This written statement was accepted on 25.11.69 and issues wer......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..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ....... 938 of 1990). Judgment: Shahabuddin Ahmed CJ.- In this appeal by special leave, the short question is whether the High Court Division applied its judicial mind while summarily rejecting an ......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. ..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... 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 ......nder section 145 of the Code of Criminal Procedure and attached the proceeding land and appointed Circle Officer, Sudharam as receiver of the said land. The Magistrate, having failed to decide the question of possession between the parties, by an order dated May 31, 1969 directed them to have th......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..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 ...... of 1979 from CR 174 of 1977. Judgment: Ruhul Islam J.- In this appeal by special leave the question for our consideration is whether the right of pre-emption as conferred under section 96 o......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 ..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)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......at the appellant was not building upon the plaintiff's land, erred in law in granting status quo in the matter. The suit was not one for determining the boundaries of the land of the parties and such question was never raised. It was submitted that the High Court Division has made out a third case. ......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..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......onthly deposit of rent made by the tenant under section 19 of the Premises Rent Control Ordinance. 2. Respondent-tenant, M/s Golden Biscuit Company was monthly tenant in respect of the premises in question, carrying on business there and paying rent regularly to its owner Alhaj Md. Ashraf Ali for...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ...... delay should not therefore be interfered with. 6. The learned counsel has referred to some unfair practices allegedly adopted by the respondent's officers in connection with the property in question. This property, as claimed by the petitioner, belonged to a Bangladeshi, named Dr. Shamim......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ..Category: Property Law | Date: | Hits: 101
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ...... 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..Category: Criminal Law | Date: | Hits: 48
Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......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..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......ce. He further stated that the eye‑witnesses told him that the accused killed the deceased. In the facts and circumstances of this particular case, the learned Judges correctly considered the question of corroboration and observed as follows: "Although corroboration from in...... 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..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....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. ...... appeal from the Judgment of the High Court Division was also dismissed by this Division on 21.5.1990. 2. Then the petitioner filed the present Writ Petition No. 1625 of 1990, this time calling in question the validity of the sale of the project assets upon negotiation to respondent No. 8 and del......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 ..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......riginal lessee, Md. Hussain on 28.8.1970 and that Md. Hussain was absent and left the house uncared for after the war of liberation and his whereabouts were not known and as such the property in question has been rightly enlisted as an abandoned properly under PO 16 of 1972. It appears ...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ..Category: Property Law | Date: | Hits: 63
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ...... order of discharge was passed in one case. This Court did not interfere with the High Court Division's order rejecting the belated prayer for simultaneous hearing of the two cases. 9. The question of propriety of the simultaneous trial of the two cases has, however, lost importance now ...... 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 ..Category: Criminal Law | Date: | Hits: 40
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......1973 in the Court of Munsif, Fifth Court, Sadar, Chittagong, on the ground that the vendors without any notice to them sold the case land to the respondent pre-emptee, a stranger to the holding in question. 2. The trial Court dismissed the petitions after holding that the pre-emptors were...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ..Category: Property Law | Date: | Hits: 72
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......rial, under section 33 of the Evidence Act. Besides oral evidence, the servant registers, cash book, rent receipts and other documents, Exts. 1‑ 130 were produced and proved at the trial. The question is whether the respondent had realized Tk. 214.40 by granting dakhila Ext. 12. It may be m......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...Category: Criminal Law | Date: | Hits: 41
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