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Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....d further that a person charged with one offence may be convicted for another offence, under certain circumstances and on fulfillment of certain requirements. Learned Counsel has contended that the facts and circumstances of this case are such that, the provisions of section 236 or section 237 Cr...... Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Samad @ AKM Abdus Samad and others................. Petitioners. Vs. The State................. Respondent ......ht of private defence of their property. 3. All the petitioners were charged under sections 447/149 and also under sections 302/34 of the Penal Code. The trial Court, on consideration of the evidence of 13 witnesses for the prosecution and 3 witnesses for the defence, rejected the defence ..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....o. 1 for Tk, 2000'00 becomes palpably erroneous and this gives the presumption and indication that there was fraudulent and foul play." The lower appellate Court considered certain facts of the case, such as, if the plaintiff would have actually transferred 1.50 acres of land the...... Ed. ......he trial Courts judgment and dismissed the suit. 5. Leave was granted primarily to consider whether the learned Single Judge of the High Court Division was correct in re‑assessing the evidence on record and thereby acted beyond the scope of section 115 of the Code of Civil Procedure..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....ainst the aforesaid judgment and decree of the lower appellate Court. The High Court Division summarily dismissed the application on the short ground that the appellant "has made submission on facts" and has "not been able to point out any error of law in the decision" of the ...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others……&...... their purchase and pre‑emption of 0'080 acres of land and that the defendant‑appellant could not establish the forged and fraudulent character of the plaintiff’s document by any evidence. The defendant's own pattan is an unregistered document which the trial Court disbelieved,..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ....... Nawab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the High Court Division in Death Reference No. 1 of 1985 with Cri...... other 2 co‑accused were not present at the PO during the alleged occurrence. 10. The prosecution case has been accepted by the trial Court and the High Court Division on four kinds of evidence, namely, (a) the direct evidence of PWs 4 and 5, (b) circumstantial evidence given by PW 1..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....d from there Shahajuddin was taken to Pangu Hospital and Montazuddin to PG Hospital, Dhaka and admitted there. Hamid Mollah filed an FIR with Savar PS on the night of 4.4.83 alleging the aforesaid facts which gave rise to the present case. 5. Eventually 4 (four) persons including Ali Mol......in Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Hamid Mollah................... Complainant-Appellant Vs. Ali Mollah and another…………………... Accused-Respondents Ju......es out of an order of acquittal passed by the appellate Court and confirmed by the High Court Division in revision. The short question for consideration is whether there has been such misreading of evidence as to the recognition of the respondent No. 1 Ali Mollah, particularly that of PWs 1 and ..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....d opposite party No. 4 narrated certain circumstances for consideration of this court and then tendered apology. The learned Advocate for the petitioner has contended that as in their narration of facts and in their manner of tendering of apology both opposite party Nos. 1 to 3, and opposite par......n-Record - For the Petitioner. Abdul Hug, Advocate, instructed by Mohammad Ayub, Advocate-on-Record - For the Respondent Nos. 1-3. SS Haider, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate‑on‑Record‑ For Respondent No. 4. Moazzem Hossain, ...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ..Category: Property Law | Date: | Hits: 98
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....ve direction the application was disposed of without any order as to cost. 15. Leave was granted in these appeals to consider whether the High Court Division upon correctly appreciating the facts of the case and the relevant law made the findings and gave the direction as stated above. Th......(Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Bangladesh Chemical Industries Corporation and another……………………………&......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ..Category: Intellectual Property Law | Date: | Hits: 227
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....gh Court Division's judgment. These are CA Nos. 10, 11 and 12 of 1987. Those appellants disputed the, decision as to non‑applicability of the new Rules and also raised certain question as to facts, though this question was not urged in the High Court Division. This Court, by a Judgment dat...... ......d Advocated for the appellants, has drawn our attention to Rule 7(5) of the Rules of 1976 and has argued that when the enquiry was held and the Enquiry Officer submitted his report on the basis of evidence recorded by him, the "authority" (respondent) was to consider only the report of..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....the contemner were true and on that basis, discharged both the Contempt Rules, by two separate judgments, dated 13th February, 1989 and acquitted the contemner, Awlad Hossain. 7. On the same facts and materials, and on their own findings in the said judgments the learned Judges issued an...... Fazlur Rahman Molla ...................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice Division and another ………………… Respondent......party to a Civil Suit, has been held guilty of contempt of court, convicted and sentenced to fine of Tk. 500.00 Contention of the appellant in substance is that the conviction has been based on no evidence whatever but is based on mere conjectures and surmises of the learned judges. 2. Ap..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
.... refusing the prayer for bail of the appellant exercised its discretion fairly and judiciously having regard to the ordinary norms followed in such matters and in consideration of all the relevant facts of the case and the law properly. 7. Mr. Abdul Malek, learned Advocate for the appella......cord‑For the Appellant. B Hossain, Advocate‑on‑Record‑For the Respondent in both the appeals Criminal Appeal No. 21 & 22 of 1991. (From the Judgment and Order dated 21 August 1991 passed by the High Court Division, Dhaka in Criminal Misc. Case No.......connect the accused person with the crime alleged against him. The court's belief on the point has to rest on the accusations made in the report to the police, the nature and the credentials of the evidence which the prosecution proposes to lead in the case, and all the other relevant circumstanc..Category: Constitutional Law | Date: | Hits: 150
....l and without lawful authority.
5. The above sums up the core of controversy between the parties, the details of which are strewn in the lengthy assertion and counter‑assertion of the myriad facts made in the respective petition and affidavits of the parties supported by an equally large nu......l)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment DirectoÂrate, Ministry of Defence, Dhaka Cantonment and others……………â€......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....cord in applying those sections in this case. Leave was also granted to consider whether there was an apparent error in the interpretation and application of section 47 of the Registration Act in the facts of the present case. 10. Mr. Md. Nurul Huq, learned Advocate‑on-ÂRecord for the appellan...... was wrong. However, the Courts below discarded the plaintiff’s sale-deed on other ground. Section 47 of the Registration Act is attracted only when the two competing documents are otherwise at par and stand on the same footing. The plaintiff’s document will fail simply because it could not stan......sional judgment of the High Court Division. Leave was granted in the said appeal to consider whether the High Court Division misinterpreted section 53A of the Transfer of Property Act and ignored the evidence that the plaintiff himself was present at the time of negotiation of sale to the defendant...Category: Property Law | Date: | Hits: 73
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....ss to tell a lie or that he has been gained over by the adverse party. It may be that in some cases he has been gained over, but in other cases, it is probable that what he has deposed is the true facts, and the mere fact that the truth has been revealed and it has gone against the party calling...... Vs. The State .........................Respondent Judgment October 24th, 1991. Cases Referred To: Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. State 13 DLR 414 and Sadik Vs. State (1971) PLD (SC) 713. Lawyers Involved: Serajul Huq, Senior Advoc......tion 302 of the Penal Code, passed by the Sessions Judge, Faridpur and confirmed in appeal by the High Court Division. Main grounds on which leave was granted by us are that conviction based on the evidence of a single witness as against the evidence of other local witnesses, all declared hostil..Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Latifur Rahman J Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others .......... Appellants. Vs. M/s. MF Limited, a Private company limite......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Joynal Abedin and others…………….. Defendant‑Appellants Vs. ...... interest in we disputed property and consequently decreed the suit. The lower appellate Court accepted the correctness of the CS khatian and their presumptive value on the face of the documentary evidences adduced by the defendants to prove the auction sale and subsequent delivery of possession..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
.... of possession and particulars to connect the suit land with the suit Register Ext. 8, the auction‑sale was established by evidence. Leave was also granted to consider whether in view of the facts that as heirs of the original tenant the defendants' names were recorded in the RS and SA kha......ahman J Musa Ali ..................Appellant Vs. Nur Ahmed and others...................Respondents Judgment November 25, 1990 Lawyers I......that the tenants obtained remission of balance decretal dues and after voluntarily surrendering possession left for Arakan is a fictitious one, because there is "no witness" and "no evidence" for the plaintiff to prove it. PW 1 admits in cross examination that the defendants ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......ourt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chanjury Talukder and another .................................Appellants. Vs. Chingneshay Magni a......what actually was contained therein. An application for translation of that document was made in the High Court Division but the same was rejected on the ground that Ext. B itself was inadmissible as evidence and the prayer cannot be allowed after a lapse of 16 years when the appellant himself did n..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....ote that of one of the charge‑sheeted accused Abdur Rahim, who was mentioned by the victim girl in her statement before the Magistrate, had been granted bail by the Court. In the facts and circumstances of the case, the appeal is allowed. Let the appellant be released on bail t......minal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Madar Chandra Basu................Appellant Vs. The State .............Respondent.......ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ..Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....t Appeal, there is nothing to show that the plaintiff raised the issue of alleged estoppel. The plaintiff cannot be permitted to take such objection here for the first time which needs inquiry into facts. Mr. Ahmed, however, submitted that the finding as to defect of party was not so much fatal a...... MH Rahman J ATM Afzal J Mustafa Kamal J Jogendra Nath alias Govinda Sarker ..........Plaintiff‑Appellant. Vs. Amulya Chandra Sarker and others ..........Defendant‑Respondents. Judgment A......uit property by virtue of the alleged will of Hara Nath which was not genuine. The contesting defendant also pleaded defect of parties and bar of limitation. 6. On consideration of the evidence adduced by the parties the trial Court held that the Will (marked Ext. 1) executed and reg..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....pages. This petition for leave to appeal is from the same. 8. Mr. Moudud Ahmed, learned counsel for the petitioner, made a lengthy submission in support of his contention that having regard to the facts and circumstances of the case the delivery of judgment in the Special case ought to have been ...... Deputy Attorney‑ General with him) instructed by Sharifuddin Chakladar, Advocate‑on‑Record ‑For the Respondent. Criminal Petition for Leave to Appeal No. 8 of 1992. (From the Judgment and Order dated 21.1.1992 passed by the High Court Division, Dhaka in Criminal Revision No. 120 of 1......aid by whom) to move the same later on if the situation so demanded. 6. Admittedly the trial proceeded in the meantime and as many as 48 witnesses were examined by the prosecution. The prosecution evidence was closed on 24.9.91. The defence examined 10 witnesses and the examination was concluded ..Category: Anti-Corruption Laws | Date: | Hits: 88
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