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Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....on No.46 of 1985). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the simple question for determination is whether a Magistrate can discharge the accused, without framing any charge, under section 241A of Criminal Procedure Code, merely on the plea of alibi that they wer......cash and obtained his signature on a blank stamp paper obviously for creating a false document of title over the land. The hearing of the case was fixed for 1.7 June 1985 for framing charges. At this stage, two accused, accused No. 1 and accused No. 7, produced some papers apparently showing that, a......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....li is about 5 miles away from Jainkathi and usually it takes 1 -1 ½ hours to travel the distance by boat. In the afternoon of the same day, Abdul Hakim was returning from Patuakhali in the company of P.W. 2, Ali Akbar Talukder and P.W.3 ldris Talukder, his co-villagers, and others. 4. P......Hakim and P.W.4, Arab Ali is the brother of Usman. He also stated that P.W.Insan is the wife's father's brother of the deceased and P.W.5, Arshed Ali is behai of P.W. Insan. 20. At this stage it may be pointed out as to how the trial court considered the question of relationship of the......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
....fied time" for completion of investigation having long expired they ought to have been released under section 167 (7). The learned Sessions Judge, by an order dated 8 March 1984, refused to make any reference observing that the investigation in question was not governed by section 167 but was g...... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......igh Court Division, by the impugned-order dated 1 August 1984, accepted this contention of the respondents, held that section 167(5) (7) was applicable to this case and accordingly quashed the entire proceeding against the respondents i.e. GR Case No. 46 of 1982. Leave was granted by us to consider ..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....the High Court Division cut and took away ripe paddy on 5.12.83 as stated in the petition. There being no specific denial by the appellants, the learned Judges of the High Court Division did not take any evidence in the matter and consequently found them guilty for contempt of court. 7. Mr. MG ......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......Rule for contempt of Court the learned Judges of the High Court Division correctly found the appellants are guilty of Contempt of' Court. Power of High Court Division to initiate a contempt proceeding is a special jurisdiction which is inherent in all courts of record and the High Court Di..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....ection 61 of the Banking Companies Ordinance, 1962 by the Official Liquidator namely, Bangladesh Bank, alleging, inter alia, that "the East Bengal Commercial Bank Ltd. (in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all i......d by the plaintiff. The present application was filed in 1982 after about 16 years from the date of sale. In such a situation ends of justice demands not to interfere in such a case at such a belated stage.
Mr. TH Khan, the learned Advocate appearing for the defendant No. 2 submits that he has ad...... Recovery Act was served upon the plaintiff bank on the order of the certificate Officer, Mymensingh long before the winding up order passed on 28.3.56 by the High Court. In the aforesaid certificate proceeding the sale was held on 10.2.65 and this defendant No. 3 auction‑purchased the land with s..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....e Division to pass an order for re-delivery of possession to the person acquitted on appeal must be an express power. Surprisingly no such power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-d......sp; There is no law prescribed in the Criminal Procedure Code, 1898 prohibiting or restricting the heirs of the deceased complainant to be substituted in his place at the appellate or revisional stage and, furthermore, the law relating to abatement is not applicable in criminal cases. Acco......rmant petitioner but no order was passed by the Appellate Court for giving re-delivery of possession of the disputed land. .......... (4) Criminal revision case will not lie particulary when the proceeding relates to the restoration of possession of land in dispute under section 522 of the Code..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
....s necessary, so that the petitioner is not deprived of the opportunity of cross-examining the witnesses examined by the Enquiry Officer and the petitioner was not afforded the opportunity of adducing any evidence in his defence. The petitioner should get an opportunity of being heard in person and e......reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
......mined by the Enquiry Officer and the petitioner was not afforded the opportunity of adducing any evidence in his defence. The petitioner should get an opportunity of being heard in person and enquiry proceeding should not be conducted ex parte. Principle of natural justice should prevail. ............
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
........Respondents (In Civil Appeal No. 59 of 1984) Judgment June 19, 1990. Result: The appeals are dismissed. The Companies Act, 1913; Section 162 Whether the learned Company judge fell into serious error of law in staying sine die all further proceedings of winding up p......ie on the basis of applications for f summary rejection is unwarranted in law and fact, At, the outset it is to be stated that the Company Court' in exercise of its inherent power can make at any stage of the proceeding such order for stay of application for winding up on the ground that that wi......19, 1990. Result: The appeals are dismissed. The Companies Act, 1913; Section 162 Whether the learned Company judge fell into serious error of law in staying sine die all further proceedings of winding up petitions without taking oral evidence and going into the merit of the cas..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....dence as to the acceptance and recovery of the bribe - There is no evidence on record to show that the witnesses were inimical towards the appellant or friendly towards the appellant or that they had any ill motive to implicate the appellant falsely. Cases Referred to- Noor Muhammed vs. T......ng crimes the practice of utilizing Magistrates in traps, for inspiring impartiality and credibility to the recovery of bribe money in corruption cases, is not likely to be discontinued soon. At this stage, to use the words of Krishna lyer, J. in Som Prakash vs. State of Delhi AIR 1974 (SC) 989 (989......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....r Vs. AKM Fazlul Hoque, the State.........................................Opposite‑Parties Judgment June 11, 1990. Result: The Rule is discharged. There cannot be any cognizance of the case on a Naraji petition without any additional material in the petition whic......part of the consignee petitioner it would be for the Trial Court to decide on the basis of evidence to be adduced in this case and therefore, in our view, if the pending proceeding is stopped at this stage it would amount to stifling criminal proceeding in limini. In the result, the Rule is dis...... can be based on suspicion. 28 DLR (AD) 38 and 27 DLR (AD) 29 cited. In the first case under reference three categories of case have been mentioned where the court can quash a pending legal proceeding (1) Where the facts alleged are so preposterous that they cannot from the basis of any pr..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....cts and circumstances of the case it is found that the fact involved are not of complicated nature calling for a detailed investigation in a separate forum. As such High Court Division did not commit any illegality in deciding the same in summary proceedings. The Limitation Act, 1908 (IX of 190......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......en both parties have led all their evidence and the facts involved in the applications for rectification of the share registers are not of complicated nature, the same can be disposed of in a summary proceeding In the light of the discussion of the cases referred to above and on consideration o..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
.... Co‑operatives and others .................Respondents
Judgment
May 24, 1990.
Upazila Parishad (Election of Chairman) Rules, 1983; Rule 38(3)
In case of any grievance the petitioner shall raise objection before the Presiding Officer or pray for recounti......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
...... the initial order of the Chief Election Commissioner for recounting is found to be void and Without jurisdiction the petitioner cannot take advantage of his own fault in setting in motion an illegal proceeding before the Election Commission and make a grievance that he has been rendered helpless an..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
....ely, that the present dispute is wholly a civil dispute. Since the complaint petition bears allegations of offence of cheating and forgery so the criminal proceeding cannot be said to be without any basis nor the said proceeding can be held to be liable to be quashed…................ (9-...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ...... on behalf of the accused petitioner namely, that the present dispute is wholly a civil dispute. Since the complaint petition bears allegations of offence of cheating and forgery so the criminal proceeding cannot be said to be without any basis nor the said proceeding can be held to be liable t..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ...... i.e. the registration of the sale, as in the appellant's case, it is not to be dismissed on the ground of prematurely if the deed of transfer is registered during the pendency of the pre-emption proceeding. See Lebu Miah Vs. Ganesh Chandra, 34 DLR (AD) 220 and Aftab Mia Vs. Wahab Ali, BCR 1982 ..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
.... limit prescribed for decision to be given by the Arbitrator is 4 (four) months as mentioned in Item No.3 of the 1st Schedule of the Arbitration Act but there is no minimum time limit prescribed anywhere. The learned Advocate further submits that the Court below committed a gross error in ...... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ......ear and is deliberately keeping away............ (18) There is no legal requirement that the arbitration should be completed within a stipulated period of time. The conclusion of the arbitration proceedings depends upon the facts and circumstances of each case…………&he..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....is also Reported in: 43 DLR (1991) 7. ......e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......title against a party to the suit sought to be affected by such transfer but the transfer is not void……………………(5) A stranger to a suit or a proceeding is not prohibited by the Code of Civil Procedure from filing an appeal from an order pass..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....t, 1882; Section 106 Whether the present defendant- respondents who were substituted during the pendency of the suit upon the death of the original tenant are liable to be ejected without any further notice and whether the defect in this notice under section 106 of the Transf......od of notice. In other words, there is a defect in the notice. We do not think that it is fit and proper to allow the landlord-appellants to reap the benefit of an entirely different argument at this stage when they gave up this point completely and admitted the defect in their claim in all the Cour......gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... defendant and on expiry of 12 years from 1984, Gul Mohammad became owner of the suit property by adverse possession before 1962. The plaintiff's auction purchase was a nullity. He did not obtain any title as Subhashini's title was already extinguished in favour of Gul Mohammad. Nor did he o...... No. 1 trespassed into the suit property. Contradictory postures taken by defendant No. 1 as regards acquisition of title by adverse possession will not ensure to the benefit of the plaintiff at such stage of the suit. 12. There is one more hurdle, as Mr. Syed Ishtiaq Ahmed, learned Counsel for..........Respondent Judgment March 15, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 17 Whether admission of the defendant in a separate proceeding can be accepted as evidence to hold that he was a tenant under predecessor-in-interest of..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
..... 5. Apart from the question on which the leave was granted, Dr. Rafiqur Rahman, the learned Counsel for the appellant, has also submitted that the allegations made in the FIR do not constitute any offence under sections 467 and 420 of the Penal Code. At this stage we do not like to examine th...... Dr. Rafiqur Rahman, the learned Counsel for the appellant, has also submitted that the allegations made in the FIR do not constitute any offence under sections 467 and 420 of the Penal Code. At this stage we do not like to examine this question. 6. In the facts of this case as in point of tim......ellip;……….........Accused-Appellant Vs. The State and other...........................Respondents Judgment March 12, 1990. Result: The criminal proceeding is stayed till the disposal of Title Suit. The Code of Criminal Procedure, 1898 (V o..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
.... used in the relevant disqualification clause the petitioner cannot be said to be a defaulter of the loan. Thus, rejection of his nomination paper is absolutely illegal and same has been done without any lawful authority and the same is of no legal effect. 4. The disqualification clause runs as......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ...... by the Returning Officer in rejecting the nomination paper of the petitioner on the ground that he defaulted in repayment of loan he had taken from the Bank concerned within the allowable time. In a proceeding under Article 102 of the Constitution the High Court Division should not, as a matter of ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
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