Search Options
Judgment Advanced Search
Displaying 841-860 of 4866 results.
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......Dhaka to show cause as to why proceeding of Special Tribunal Case No.60 of 1991 under section 19(a) and 19(f) of the Arms Act 1878, read with section 26 of the Special Powers Act, 1974, now pending before the Senior Special Tribunal Judge, Dhaka, should not be quashed. 2. At the time of issuing......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......petitioner also could not show any such Gazette notification with regard to amnesty. Assuming that there was general amnesty for surrendering arms up to certain period it is to be seen at the time of trial as to whether the case of the petitioner falls within the immunity and the petitioner is entit..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......ssed as to this Court may seem fit and proper. 2. The facts giving rise to the present Rule are as follows: One Rafique Ullah, maternal grandfather of girl Sumati Begum, lodged a First information Report with Maulvibazar Police Station on 3.4.1989 stating therein that few months ago acc............Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada Datta Vs. Ministry of Home Affairs, 10 BCR 1990 HCD 44; Jahanara Begu...... the present case it has been stated above that prima facie at this state we take the view that she is a minor aged about 17 years born on 11.9.71. This view will not prejudice the other Party at the trial and the trial Court will be at liberty to determine the age on the basis of evidence. As the v..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
..... The defendant No.4 contested the suit. He, also filed a written objection to the application for temporary injunction filed by the plaintiffs. In the written objection the defendant No.4 denied the right, title and interest of the plaintiff. He however, claimed title on the basis of an alleged pat......e of reversal passed by the learned Additional District Judge, 5th Court, Mymensingh reversing the judgment and decree of the learned Munsif. 2. The petitioners instituted OC Suit No.334 of 1977 for declaration of title in respect of 63 ½ acres of land appertaining to CS Dag No. 220 of K......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......pposite Parties Judgment January 30, 1991. Result: The judgment and decree of the trial Court is restored. Cases Referred to- Shriram Surajmal Vs. Shriram Aunwalla, 1936 Bo..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....r letter dated 4.11.1987 (Ext. 17) they cannot now legally turn round and assail the title of the plaintiffs in the instant suit for eviction and recovery of appear rents, and the High Court Division rightly refused to refer the matter for an expert examination. 8. It. is further contended tha...... High Court Division acted illegally in giving the impugned direction instead of directing examination of the thumb impression of the alleged executant in the impugned documents by an expert. Before the Trial Court there was no admitted Signature of thumb impression of Profulla Chandra for com......se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ...... acquire any valid title. 4. The defendants' application for examining the, signature and thumb impression of the executants of the plaintiffs' kabalas by an expert were rejected by the trial Court on 1.11.89 by observing that there was no good reason for sending the documents for expe..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......ection 498 Whether in view of the ad interim bail granted by the lower Appellate Court to move the High Court Division in revision, the High Court Division acted properly in refusing the prayer for bail and at the same time directing the appellants to surrender after 29.1.89 and file a separat...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......ction under section 323 of the Penal Code wherein the appellants were sentenced to suffer simple imprisonment for 4 (four) months and also to pay a fine. 2. The accused‑appellants were put on trial in an offence under section 323 of the Penal Code and the learned Magistrate convicted them to..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
.... termed as a chance witness when he is found to be at the place of occurrence by chance or coincidence at the time the offence was committed. The evidence of such a witness need not to be rejected outright, but it is to be weighed with caution and may be viewed with suspicion if the witnesses are pa...... a wife‑killing case, from its very nature, there could be no eye‑witness of the occurrence, apart from the inmates of the house who may refuse to tell the truth. The neighbours may not also come forward to depose. The prosecution is, therefore, necessarily to rely on circumstantial evidence. ......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......e reference and setting aside the order of conviction and sentence passed against the respondents by the Additional Sessions Judge, First Court, Pabna in Sessions Case No.300 of 1982. 2. At the trial P.W.1 Moked Ali, the informant, stated the prosecution case. His daughter Meherunnessa was mar..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....f the case the respondent was not entitled to any show‑cause notice nor there any violation of any principle of natural justice. Therefore, the respondent's contention that he acquired a vested right to the post of IPO by virtue of his acting in that capacity for about five years and enjoying ......the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw the benefits of that......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. ......s due (a non-availability of qualified hand; that every IMS required to qualify through competitive examination and that the plaintiff appeared in the competitive examination, but failed. 6. The trial Court dismissed the suit. It held that no clerk could be promoted to the cadre of IPO without ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....d 26-12-69, decreeing the suit. 2. The plaintiff’s TS No.207 of 1969 of the 3rd Court of Munsif, Habiganj (originally TS No.132 of 1968 of the 44h Court) was for a declaration of his jote right in 20 decimals of suit land by gift of 6 pies share, confirmation of possession or recovery of......eque and others.... Respondents Judgment November 27, 1990. Result: The appeal 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 evi......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. ......ry Mr. Khandker very far. Admittedly, the plaintiff's case is that defendant No. 10 inherited 6 pies share in her husband Abdul Hashim's property after his death, not during his lifetime. The trial Court finds that in TS No. 1 of 1962 it was held that the defendants of that suit dispossessed..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. ......n Money Appeal No. 7 of 1978 affirming the judgment and decree passed by the Subordinate Judge, 4th Court, Mymensingh in Money Suit No. 4 or 1975 decreeing the suit. 2. Plaintiff filed the suit for recovery of Taka 15,391.20 paisa against the defendants, Bangladesh Railway for the price of los......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. ......hat if theft would have been committed in a running train then the thieves could not have taken only this particular parcel leaving aside other items of goods which were in the luggage van. Thus, the trial Court as well as the lower appellate court disbelieved the material witnesses of the defendant..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
.... however gave the suggestion that there was a bamboo clump on the bank of the river which produced a shadow due to which recognition of the assailants was not possible. This suggestion they denied outright. It is these witnesses who claimed to have rushed to the Chairman's house to give this inf......n appeal, acquitting the two accused-respondents, who, along with another, had been convicted by the Additional Sessions Judge, Pabna, under sections 302/34 Penal Code and sentenced to transportation for life. 2. Prosecution case arises from an incident in which Mofizuddin (deceased) Chairman ......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. ......the Chairman, identified by his son and others, and gave a report to the effect that death resulted from multiple stab‑injuries found in the dead body. In due course, these four accused were put on trial before the Additional Sessions Judge, Pabna, on a charge under sections 302/34 of the Penal Co..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......e son of defendant No. 1 had knowledge of the execution case when he himself was a party in the execution proceeding. The High Court Division failed to consider that the decree was put into execution for realisation of decretal costs and the validity of the decree was not under challenge and the mai......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......aud in publishing and conducting the sale, by overlooking the provision of Order 21 rule 68 of the Code of Civil Procedure and whether he wrongly upheld the auction sale in question. 5. Both the trial Court and the lower appellate Court framed several issues along with the two material issues a..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
...., he will keep in tact the original holding excluding the stranger‑purchaser there from; and if he does not intend to pre‑empt the other holdings transferred it is presumed that he has waived his right to pre‑empt them. Section 96 gives right to a co‑sharer tenant, like the respon......ransferred"-five holdings were transferred by a single kabala and consideration money of each of the holdings was shown separately in the kabala. The petitioner deposited the consideration money for the four holdings he prayed for by way of pre‑emption; there was no difficulty in allowing his......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......ted in the application for pre‑emption, the pre‑emptor's application for pre‑emption was hit by the rule as to bar of partial pre‑emption; on this finding the appellate Court reversed the trial Court's decision and dismissed the application for pre-emption. 3. Pre‑emptor chal..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
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. ...... Facts leading to this question are given below. 2. The appellant had filed Case No. 12 of 1980 in the Village Court No. 6 of Jagannathpur Union Parishad against the respondents claiming damage for destruction of his Aush crop. The Village Court was apparently constituted with the required fiv...... 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. ......not nominate their representatives in the Village Court the plaint cannot be rejected. To determine the truth of this allegation, evidence in necessary and this can be available only in the course of trial of the suit which is prima facie maintainable. Cases Referred to- Rafiqul Alam vs. ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
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. ......der s. 342 Cr.P.C. or whether this defect is curable by s. 537 Cr.P.C., as held by a learned Single Judge of the High Court Division. 2. Respondent No.1, Jogesh Chandra Roy, filed a complaint before the Magistrate at Dinajpur alleging that the accused-appellants assaulted him and his MCD causi......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. ......th daos when some cattle of the appellants, which destroyed his Aush crop, were sought to be impounded. Cognizance was taken thereupon and in due course, all the appellants, 18 in number, were put on trial before the Additional District Magistrate in Case No. 843-C/80 to answer various charges of ri..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. ...... date by the same Magistrate so that there is no conflicting decision and the parties are not prejudiced and the trying Magistrate also keeps the cases of both parties in his mind. The procedure for trial of counter-cases by the same court is founded on a sound principle of criminal trials, Tri......another and thereafter the judgment pronounced on the same date in both the cases by the said Magistrate, the winning of the earlier judgment will be in a much great advantageous positions which is unfair, to say the least, Moreover, we are satisfied that the appellant has been prejudiced for improp......ohd Obaidur Rahman & others .......................Accused Respondents Judgment August 21, 1990. Result: The appeal is allowed. It is a well settled principle of criminal trial that case and counter-case over the self-same occurrence are to be tried by the same court in ..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
.... Statement which had been found to be voluntary and true. From the evidence it appears that the charge under Section 302 against appellant. Sheikh Ahmed has been satisfactorily proved and he has been rightly convicted thereunder." This decision rather goes to support the prosecution. ......he accused to an order of acquittal when there is his clear confession admitting his guilt Statements elicited from a witness in cross examination, the most effective of all means ever invented for the discovery of truth and exposing falsehood, are a part, a very important part, of evidence be......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. ......dy elapsed after the confirmation of the death sentence, but the sentence was not executed, leave was granted on condonation of delay. 5. The learned Counsel for the appellant contends that the trial Court as well as the appellate Court did not take into consideration significant contradiction..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
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. ...... of conviction and sentence passed by Mr. Md. Abdul Hannan, Assistant Sessions Judge and Special Tribunal, Narayanganj in Special Tribunal Case No. 1 of 1987. 2. The prosecution case as given by informant Mahibul Islam constable No. 605 at Tan Bazar Police out‑post is that on 8.10.86 he along w......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. ...... the accused appellant and the conviction is without any evidence whatsoever. He further contends that as the schedule and non‑schedule offences were charged together, the charge is illegal and the trial is vitiated by illegality. 8. Now let us see what evidence the prosecution adduced to prove..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)
....t applicable, lie submits. Section 14 of the Partnership Act is quoted as follows: “14. Subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock of the firm, or acquired, by purc...... plaintiff‑respondents, are in fact partnership properties or personal properties of both 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...... 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 ...... 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 ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....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. ...... August 14, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 241A "Groundless" appearing in both the sections 241A and former section 253 means that the materials produced before the Magistrate against the accused are e......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. ......minal Procedure Code, and accepted the "plea of alibi" without giving the prosecution any opportunity whatever to challenge the plea of alibi which can be considered only on evidence during trial. The learned Counsel further contends that even if the plea of alibi of two accused is accepte..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....it. That will convert the present suit for specific performance of contract into a suit for determination of title which is not permissible in law. The learned Single Judge of the High Court Division rightly found that the present appellants are not necessary parties for complete and effectual adjud......tly interested in any manner in the suit land. They are not claiming through the defendants of the present suit. They have set up an independent title of their own. Their averments in the application for addition of party disentitle them to be included within the framework of the present suit. That ......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ...... set aside the order and disallowed the application for addition of parties. 5. Leave was granted to consider whether the High Court Division committed any error in reversing the decision of the trial Court by holding that the appellants are not necessary parties and consequently disallowing th..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
50667624905717641770175717781755175317541781176617861429503317395181177117491765