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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...... 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. ..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...... of 1990, are disposed of by this judgment. Appellant filed two suits, Title Suit Nos. 52 and 53 of 1971, in First Court of Munsif, Pirojpur for a declaration that he purchased the respective suit lands from proforma defendant Nos. 2 and 3 (Respondent Nos. 3 and 4‑6) for valuable considera..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......tion of the appellants' name in the revenue record, the Government could no longer take the plea that its officer had acted without its authority. In support of his submission, he cited 1984 All England Law Reports (Vol. 11) 767; 27 DLR 315 and PLD 1969 (SC) 407. 19. The learned Deputy At..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....ed by the Zamindar, to be held at a rent fixed in perpetuity by the lessee and his heirs for ever. Zamindar is the landlord, patnidar is his tenant. A patni although in form a lease, is not a mere lease-hold property. A patnidar may let out the lands in any manner conducive to his interest, prov......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...... is barred by limitation under Article 12(d), alternatively under Article 120 of the First Schedule to the Limitation Act. 2. Facts necessary for the disposal of the appeal are that the suit lands are 22.82 acres of char land at Village Majichar, known as Underchar at Noakhali. Plaintiffs,..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, ......ions 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, that while her deceased husband visited his land in Jalkuri village the accused opposite parties and others killed him with a sharp cutting we..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.......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: ..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...... of Assistant judge, Sadar Chittagong for permanent injunction against the Chairman, Railway Board and the Government restraining them from disturbing or interfering with his possession of the suit land and evicting him or demolishing his structure by force. The suit was later transferred to the..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......, 1989 issued a rule upon the appellants in Civil Revision No. 89 of 1989 and by the same order restrained the defendants by injunction from disturbing the possession of the plaintiffs in the suit land in any manner for 10 weeks pending disposal of the rule. 6. Appellants obtained leave ..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......ublic Prosecutions, 1935 AC 462, observed that" no matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained”. This principle of common law is a par..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......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. ..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......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 ..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......ittedly there was litigation 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..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......Others...............Appellants Vs. The State......................................Respondent Judgment July 5, 1988. Criminal Appeal No. 20 of 1986 Proof beyond reasonable doubt in case of conviction - Mysterious death without proof of injury shall not warrant conviction The evi......s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......ed. The appellant unsuccessfully moved the Upazila Magistrate and the Sessions Judge, Natore for bail. The High Court Division, Rangpur Bench also refused the prayer for bail on the ground that the case was still under investigation. 3. The appellant submits that when he was not named in the F.......al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......he Appellate Court has Jurisdiction under section 423(1)(b)(2) of the Code of Criminal Procedure to reverse an order of acquittal purporting to "alter the finding" of conviction. 2. Facts of the case are that in mouza Mukhi P.S. Gaffargaon there is a Mazar or Dargah of Late Hazrat Miskin Shah. ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282...... to the mind of the judge but if there is a long gap between the two trials the purpose for which a simultaneous trial is held by the same court is almost lost. As bulk of the accuseds in session’s case no. 5/87 has already been discharged, commonness of the two cases is almost lost. One case is r......a year since the Sessions Judge, Munshigonj failed to pass any order on their applications, filed in January/February 1987. They allowed the two cases to drift in their own courses and ultimately one landed at Dhaka and even then they did not move until an order of discharge was passed in the Munshi..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... appear before the High Court Division, who are granted bail from the trial court (however wrongly), till filing of the appeal and getting bail, is not just and proper. The order is set-aside and the case is remanded to the High Court Division for disposal according to law………………………...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......he appeal; the learned Judges granted him bail on the condition that he should pay the entire amount of the fine in four installments within the time specified in the order of bail and warned that in case any of the installments of fine was not paid within the specified time the bail "shall stand ca......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ..Category: Criminal Law | Date: | Hits: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ...... Ejahar Meah & Ors.... .............Respondents Judgment July 15, 1986. Civil Appeal No. 75 of 1984 The Code of Civil Procedure, 1908 (V of 1908) Order XXI, rule 90 The merit of the case could not be considered before deciding the question of limitation. The applications being clea......rt Division (Chittagong Bench) summarily rejecting two revisional applications of the appellant filed under section 115(1) of the Code of Civil Procedure. 2. Facts of the case, briefly, are that landlords-respondents No. 3-10 instituted Rent Suits No.15 and 16 of 1958 for recovery of arrear ren..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......eviction of the appellants on ground of default and necessity, is confirmed. The contention of non-service of notice under section 106, T.P. ACT is beyond the pleadings and amount to making out a new case…………………(12) Cases Referred to- Kumar Narendra Nath Roy V. Midnapore Zemindary......ree and restored those of the trial court. 2. Defendant then obtained leave to appeal from the judgment of the High Court Division contending that the trial court's finding that the plaintiffs are landlord of the defendant is perverse, unsupported by any evidence and that there is also no basis f..Category: Tenancy Law | Date: | Hits: 106
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