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Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......ne, 1989 passed by a Division Bench of the High Court Division, Dhaka making the Rule absolute in Criminal Misc. Case No. 44 of 1987 and quashing the proceeding in question. 2. Facts of the case, briefly, are that upon a complaint filed by the father of the appellant, Md, Ali Akbar (since......3.84 giving rise to Non GR Case No. 77 of 1984. In the said report it was stated that upon investigation it transpired that the wife of aforesaid Ali Akbar, Amena Khatun had purchased the disputed land by kabala and been possessing the same through bargadars. Second party‑respondent No.1 M..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 110
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......2 of 1958 convicting the three appellants under sections 302/34 of the Penal Code and sentencing appellant Nos. 1 and 2 to death and appellant No. 3 to imprisonment for life. 2. The present case arises out of a Suo motu First Information report filed by Tapan Kumar Piplai, Sub‑Inspe......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ...... possession. 2. Plaintiff claims title in the suit land on the basis of a deed of gift executed by Keramat Ullah in his favour on 13th Poush, 1360 BS corresponding to 28.12.1953. The plaint case is that Niamatullah and Keramatullah were two brothers and Rahamatullah was their cousin. Plai......st appellate court reversing the judgment and decree of the trial court arising out of a suit for declaration of title and recovery of khas possession. 2. Plaintiff claims title in the suit land on the basis of a deed of gift executed by Keramat Ullah in his favour on 13th Poush, 1360 BS ..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......sp; ATM Afzal J: In this defendants' appeal by leave, the short question for consideration is whether the High Court Division was justified in the circumstances of the case to make an order of remand for rehearing of the suit upon further fresh evidence after about ......rest of the principal respondent Nos. 1(a) to 1(j), as plaintiff brought other Suit No. 35 of 1969 in the Second Court of the Subordinate Judge, Chittagong for declaration of his title to the suit land described in schedule 1(a) and 2(a) of the plaint. Dudu Miah, the appellant in this appeal (si..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......haka‑2 to its Naya Paltan Branch, Dhaka. Respondent No.2 asserted that the transfer was done mala fide in violation of the provisions of section 47B of the IRO. He instituted the aforementioned IRO case and prayed for stay of operation of the orders of promotion and transfer till disposal of that ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......to send down the records to the trial Court for disposing of the Order 9, rule 13 matter expeditiously, preferably within three months, and also gave liberty to the learned Advocate to mention the case again after the disposal of that matter by trial Court. 3. The plain tiff‑appellan......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ....... In that writ petition the appellant challenged the detention of her husband, Abdul Kader Siddiqui, by an order dated 13th January, 1991 under section 3(1)(a) of the Special Powers Act, 1974. Her case, in brief, is that for recognition of his contributions in the liberation war the detenu was a...... William in the Presidency Town of Calcutta by a Royal Charter and each of the Justices of that Court was given power to issue the English Writ of habeas corpus like the Court of King's Bench in England within the local limits of the Court. Two other Supreme Courts were established in two other P..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......on, CR No. 977 of 1988, was taken by the defendants with success. A division Bench of the High Court Division by the impugned judgment dated 9 August, 1989 made the Rule absolute in the said revision case, condoned the delay and directed the District Judge to proceed with die appeal in accordance wi......e dated 22.3.88 declaring the plaintiff‑petitioners' title to a big pond in the city of Dhaka. Plaintiffs claim the pond as the heirs of the CS recorded tenant while the Government claim it as khas land. However, the petition for condonation of delay in filing the appeal was rejected by the Distri..Category: Limitation Law | Date: | Hits: 185
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......ette Notification by the 4th Court's Order dated 28‑1‑85, which was an off‑day, the 4th Court having earlier fixed 29‑1‑85, for report of the Pleader Commissioner. The case records were received on transfer by the 2nd court on 29‑1‑85 and be passed an ord......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 99
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......he night of occurrence as she woke up earlier than the informant an hearing the movements of human beings. Subsequently Noor Ali Mollah died in the hospital on 30.9.81 Police investigated into the case and submitted final report on 9.3.82. Subsequent thereto the case was reopened on the prayer o......rend of cross‑examination of the prosecution witnesses, was that the appellants have been falsely implicated in this case out of enmity and grudge with deceased Noor Ali Mollah for purchasing land from his daughter PW 9 Anwara and Kariman after submission of the final report in the case an..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ...... default by the learned Subordinate Judge, 2nd Court, Chittagong to whom the appeal was transferred for hearing and disposal. The said appeal was restored on 28.7.77 upon filing of a miscellaneous case by respondent No. 1 under Order 41, rule 19 CPC and the appeal was fixed for hearing on 12.11......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......formant and others found victim Nurul Islam dead. On this allegation Jagannathpur Police Station Case No. 3 was started against Masabber and others under sections 302/34 of the Penal Code. In that case Police after investigation submitted final report and the same was accepted by the Upazila Mag......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ...... vanish with the tenant’s death. The right on inheritance is same as that of the original tenant and not in any way better or than his right. The Execution proceeding against the appellants in this case is maintainable. The appeal is dismissed. Monthly tenant and Licensee. A tenancy from mon......s not heritable and that the right of a monthly tenant in respect of a premises was his personal right which ceased on his death. Facts leading to this question are given below. 2. Respondents‑ landlords filed Other Suit No.172 of 1976 in the First Court of Munsif, Chittagong for ejectment of ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ...... suit lands after evicting the defendants therefrom and further for declaring the decision by the Revenue Officer dated 23. 12. 54 in Misc. Case No. 2 of the R. O. S. Court, Barisal anullity. Their case in short in that Keamuddin Sardar predecessor of the plaintiffs created a Wakf of the suit pro......ection 20(5)(c)(ii) of the State Acquisition and Tenancy Act 1950. The facts are that the plaintiff-respondents instituted a title suit for declaration of title and for khas possession of the suit lands after evicting the defendants therefrom and further for declaring the decision by the Revenue..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......k wages and benefits attached to the same. The High Court Division discharged the Rule issued earlier thus upholding the order passed by the Labour Court. 2. Short facts for disposal of the case are that the appellant is a Co-operative Society registered under Co-operative Societies Act, ......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......or the petitioner in the above mentioned Criminal Revision. The impugned remarks are as under:— “At the time of the hearing of the Rule, Mr, Amirul Islam, Barrister-at-Law opened the case but soon thereafter he left the court unceremoniously without arguing the case for the petitio......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ion from the Government before he could be prosecuted. The complainant having failed to obtain any sanction from the Government for starting prosecution, the Sub-Divisional Magistrate dismissed the case under section 203, Cr. P. C on 28. 4. 1969. Against the said order of the Magistrate the Sess......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......er section 302/149 by altering the finding of acquittal thereunder into one of conviction in respect of that charge. In support of his contention the learned counsel relied on the decisions in the cases of Kishan Singh Vs. The Emperor (55 I.A. 390), Shera Vs. The Crown (6 D.L.R. (F.C.) 80), Stat......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......established practice either takes evidence itself or directs the Subordinate Court to record the evidence and forward the memoranda of evidence to the High Court for its consideration. In the instant case the High Court thought it necessary to take evidence itself. On the evidence adduced before the......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
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