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Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......roperties on 20.21,23. Jobeda then sold some of her auction-purchased properties to some of the defendants. Then the lower appellate Court observed as follows: "After arguing the case at length the learned lawyer for the plaintiff‑respondents conceded that his clients ha..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ...... 1 of 1983 was also rejected by the High Court Division. 2. In the same appeal before the High Court Division, the learned Judges affirmed the conviction and sentence from the same Sessions case of petitioners Khokan and Shah Alam @ Shanu. They have filed Criminal Petition for Special Lea..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......ration of their jote right in the suit land. On transfer to the First Court of Additional Subordinate Judge, Sylhet that suit was renumbered as Title suit No. 75 of 1973. 2. The plaintiffs' case in brief, is that their predecessors took Settlement of the suit land from Ram Proshad by two ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......me to this Division and obtained leave to appeal from the said judgment and order. Leave was granted to consider whether the High Court Division was justified in the facts and circumstances of the case in rejecting the application for quashing of the proceeding. 3. The FIR in the case was..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......leave at the instance of the State is from an order of acquittal under sections 302/109 Penal Code passed in favour of the respondents by the High Court Division in appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the compan..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......uit was decreed ex parte on 18th November, 1982. On 30th March, 1983 respondent No. 1 filed an application under Order 9 rule 13 for setting aside the ex parte decree. 2. Respondent No. 1's case for setting aside the ex parte decree is that they entered appearance in the suit through Mr. ..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......the Metropolitan Magistrate, Dhaka in P Case No. 383 of 1987 under section 561A of the Code. 2. Claiming by a petition dated 1.9.87 before the Chief Metropolitan Magistrate, Dhaka, that the case land, namely, more or less two bighas of land under PS Tejgaon, District Dhaka on CS plot No. ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ...... under sections 406 and 420 of the Penal Code pending against the accused-petitioner in the Court of Upazila Magistrate, Bogra. 2. The sum and substance of the complainant respondent's case against the accused-petitioner is that the latter realised on 25.8.89 a sum of Tk. 38,000.00 f..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ......of conviction and sentence under sections 325/34 and 316/34 of the Penal Code sentencing each of them to suffer rigorous imprisonment for one year and also to pay a fine. 2. The prosecution case, in brief, is that on 13.5.87 at about 7 PM accused persons armed with weapons forcibly took aw..Category: Criminal Law | Date: | Hits: 37
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ...... applications for restoration of the suits. In support of his first contention the learned counsel for the appellant relied on Mokbul Ahmed and others vs. Ali Ekabbar and others 35 DLR 86. In that case plaintiff filed a title suit for declaration of title in the suit land against principal defen..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......property, Holding No. 7 Wiseghat, shall remain as vested property under the management and control of the Government with the Present occupant as lessee/tenant until further orders. The appellants' case in the Writ petition was that they are citizens of Bangladesh having migrated from Murshidaba..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......e was held in due conformity with the provisions of the Patni Regulations. Moreover the principle of abatement of rent as provided in section 86A of the Bengal Tenancy Act is not applicable in the case of Patni Taluk. The suit is barred by limitation. 4. Defendant Nos. 2-15 contended that..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ...... by the High Court Division, Dhaka, in Criminal Revision No. 1126 of 1990 affirming the judgment of acquittal passed by the Sessions Judge, sections 302/201/34 of the Penal Code. 2. In the present case, the First Information Report was lodged by the wife of deceased Abu Musa stating, inter alia, ..Category: Criminal Law | Date: | Hits: 39
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......nal judgment of a learned single Judge of the High Court Division, Dhaka making the Rule absolute and setting aside an order of the trial Court cancelling its earlier order dismissing a miscellaneous case under Order IX, rule 13, CPC and restoring the miscellaneous case to its file and number. 2...Category: Civil Law | Date: | Hits: 105
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......of Possession) Act 1952 (Act X of 1953) directing to vacate the land and deliver possession thereof to the Railway by 15.8.1968 whereupon Abul Bashar instituted the suit as aforesaid. 4. The case of the plaintiff is that in the last revisional survey the suit land was recorded in possessi..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ......ion. 4. The learned Assistant Judge by order dated 19-1-88 rejected the prayer for temporary injunction holding, inter alia, that tile plaintiffs miserably failed to establish a prima facie case. On appeal by the plaintiffs against the said order the learned Subordinate Judge and Commerc..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ...... Pramanik, were convicted under section 201 of the Penal Code. The High Court Division set aside the order of conviction of the respondent after finding no evidence against him. 2. The prosecution case, in brief, is that in the night following 14th Sraban 1388 BS corresponding 30.7.81 the respond..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ..................................Respondent Judgment August 16, 1990. Result: The appeal is allowed. The Evidence Act, 1872 (I of 1872), Section 5 Evaluation of evidence in criminal case On a careful consideration of the evidence of eye‑witnesses, it is very difficult to rely..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......ly, questioned correctness of the view taken by the High Court Division and has contended that the learned Single Judge of the High Court Division has misappreciated the decision of this Court in the case of Bangladesh Jute Mill Corporation Vs. Golam Moula Ahsan Chowdhury, 1985 BLD (AD) 187, in whic..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......on and enmity between the respondents and the deceased Shamser Ali Amin for a long time. The deceased as his name suggests was an 'Amin' i.e. his job involved measuring of lands. 3. Prosecution case is that on 30.3.70 corresponding to 16th Chaitra, 1376 B.S. Shamser Ali Amin accompanied by P..Category: Criminal Law | Date: | Hits: 53
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