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Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ...... November 27, 1990. Result: The appeal is allowed. Constitution of Bangladesh, 1972; Article 135 Whether the impugn reversion to the respondent's substantive post after his acting in a higher post can be termed a reduction in rank. The post of an IPO is a promotion post......h Manual Volume IV. The trial Court considered the gradation list of Postal Officers corrected upto 1.7.1959 that showed that ten unqualified IPOs were declared to be absorbed in the cadre, but as no evidence was led how the ten IPOs were absorbed held that the plaintiff could not claim to be absorb..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......eal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The suit being one for declaration of title to an unspecified share of an undivided plot of land and there being no evidence that the donor thereof was in exclusive possession at any time, the present suit is not mai..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......he appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......re, 1908 (V of 1908), Section 115 The revisional court acted beyond it's jurisdiction in setting aside the concurrent finding of fact, when there is no misreading and misappreciation of the evidence on record. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Sand Advoca..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......l bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ...... 14, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 417 In an appeal against acquittal it is quite open to the Court to review the evidence in order to see whether finding on which acquittal has been based is perverse being wanton ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ......ed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ......(V of 1908), Order VII Rule 11 Whether plaint can be rejected when question of jurisdiction of the Village Court was raised in the plaint without determining the truths of allegations by taking evidence On the face of the allegation in the plaint that the plaintiffs respondents did not n..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......ny order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......‑ in‑opposition of the Company. It reiterated its claim as made in the application. It denied the claim of the Company of Tk. 30, 00,000.00 stating that it was an imaginary claim and there was no evidence to show the alleged liability of the Bank to the Company. It was further stated that they c..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ...... by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ...... various charges of rioting, hurt, wrongful confinement, etc. Their defence was that no occurrence, as alleged, took place but they were falsely implicated out of enmity. 3. On consideration of evidence including medical evidence the learned Additional District Magistrate, by his order dated 1..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......vidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......of counter-cases by the same court is founded on a sound principle of criminal trials, Trial of cross-cases which arise from the same incident, by the same court to enable it to better appreciate the evidence and circumstances which are described by parties in conflicting manner. By such trial the C..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ...... that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ...........................Respondent Judgment August 20, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 137 Whether contradiction in the evidence of prosecution witnesses entitles the accused to an order of acquittal when there is his cl..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)
....on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ...... Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ...... the demands and affairs of the labourers. The High Court Division rightly held that the findings of fact made by the Labour Court could not be upset in the writ jurisdiction. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......t is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......Narayan Chandra and the deposition of PW 4 Md. Akhteruzzaman and PW 5 AM Shakhawat Hossain is that the accused is a rickshaw puller. 6. The learned Assistant Sessions Judge on consideration of the evidence and materials on record, found the accused guilty of the charge under sections 372/511 BPC ..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ...... without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ...... The plaintiff made positive statements in the plaint that the schedule properties were purchased "for the interest and benefit" of both the partners and not for the firm itself. He led evidence to that effect. It is too late in the day to assert that because of the acquisition of the ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....nding" of the Magistrate is based on no evidence whatever, for evidence has not yet been recorded in this case. Some papers were produced by the accused in. support of alibi but these papers are inadmissible as no witness has been examined to prove them, and it is simply because the stage for a......o.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......fficient that no useful purpose would be served by framing a charge against the accused- alibi - mere submission of some papers in support of alibi is not sufficient. The papers should be produced in evidence by witness who must face cross examination on the papers produced. Lawyers Involved: ..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....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. ......rected to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ...... of 1898), Section 423 When Appellate Division can convert an order of acquittal of the accused persons by the High Court Division agreeing with the decision of the trial court by reviewing the evidence on record When there is serious defect in the process of reasoning of the High Court ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ......llegedly done to the deceased plaintiff - It will not change the nature and character of the suit at all, nor will it widen the suit and impose upon these appellants any additional burden of adducing evidence on unrelated matters. The addition of parties is corollary to the amendment sought for. It ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ......he conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ...................................................Respondent Judgment August 1, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 134 The evidence of a solitary witness can very well be the basis of conviction if his evidence is full, com..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....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. ......ill 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. ......tif Majumder and others ............Respondent Judgment July 30, 1990. Result: The appeal is dismissed. The Contempt of Court Act, 1926 (XII of 1926); Section 3 Whether evidence is to be recorded in deciding the question of Contempt of Court in the absence of denial of..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......dant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......e case. Ext. 0 series are the certified copies of the deeds of sale by which the defendant No. 2 Haji Md. Suruzzaman and Master Golam Muksud purchased the land from Motilal. These are the documentary evidence which are marked Exts. in this case.
11. The plaintiff examined Md. Abdul Hai, Assistant..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......asis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......ly 23, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 Whether an appellate court can order retrial of a criminal case when evidence on record are sufficient to decide the appeal only to give an opportunity to adduce further..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......isposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......ppeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Section 107(1) (b) Credibility, trustworthiness, etc, of witnesses are matters pertaining to the domain of appreciation of evidence, a special preserve of the Trial Court and the first Appellate Court and once the option ha..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
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