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State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....the Trial Court and acquitted the respondents of the charges brought against them. 13. Leave was granted to consider whether the evidence of the eye‑witnesses, as many as four in numbers, was rightly discarded by the High Court Division or in disregard to the accepted principles regarding ap......ich gave rise to the present case. P.W.1, Abdur Rab Talukder is the elder brother of deceased Abdul Hakim. They used to live in separate houses in the same village. P.W.1 Abdur Rab Talukder was the informant in this case but he is not an eye‑witness of the occurrence. He, however, stated in his ev......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. ......f Criminal Procedure, 1898 (V 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..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
.... 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. ...... provision in clause (d) of section 35 of the Ordinance is not intended to be mandatory. The purpose obviously is to save an investigation which had started at the time when there was no time‑limit for its conclusion. Had this provision been intended to be mandatory, the consequence for non‑comp...... 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. ......r investigation shall be stopped and the accused, if in custody, shall be released. 7. It may be mentioned here that by this Ordinance specified time limits were provided also for conclusion of trials and disposal of appeals and revisions. A trial shall be concluded within the 'specified t..Category: Criminal Law | Date: 6 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. ...... Judgment August 5, 1990. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order 6 rule 17 This is not substitution of one cause of action for another, but a consolidation, of all‑wrongs allegedly done to the deceased plaintiff - It will...... 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. ......ased Siraj Miah in Hotel Al-Amin Ltd. is fraudulent, collusive, illegal and void and that deceased Siraj Miah is the permanent and life Managing Director of said private limited company. 7. The trial Court allowed the amendment by an order dated 16.3.85 and on revision the High Court Division,..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
....ased Abdul Aziz. He found one punctured wound 1" x ¼" x ½" on the left shoulder directed medially and one punctured wound 1" x ½" abdominal cavity on the right iliac region, Death, in his opinion, was due to shock and haemorrhage from the said injuries. ......es and medical evidence on record and remains unshaken by cross examination. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by M Nowab Ali, Advocate-on–Record for the Appellants. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Adv...... 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. ......udge, Madaripur by his judgment and order dated 15.1.85 in Sessions Case No.49 of 1984. 2. The case against the accused‑appellants and others as narrated by the informant PW 1 Sona Mia at the trial is that on 21.11.82 at about 5-30 PM he and his deceased cousin Abdul Aziz found a cattle belo..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......g him to be an Additional Sessions Judge, consequent upon the change brought in section 290 CrPC and the introduction of section 31 (4) CrPC. He shall not be deemed to be an Additional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, refer......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
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. ...... be recorded in deciding the question of Contempt of Court in the absence of denial of allegations There being no specific denial of the incident as alleged by the respondents in their petition for issuing a Rule for contempt of Court the learned Judges of the High Court Division correctly fou......iminal Procedure does not apply in matters of contempt triable by the High Court. The High Court can deal with it summarily and adopt its own procedure. All that is necessary is that the procedure is fair and that the contemner is made aware of the charge against him and given a fair and reasonable ......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. ..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....that they were not available at the time of trial for giving evidence. As a matter of fact Masood Anwar and other lessees were not cited as witnesses in the charge‑sheet at all. Mr. Amirul Islam is right in submitting that this will be giving a long rope to the prosecution to plug the holes a......he appeal only to give an opportunity to adduce further evidence to fill up its lacuna When decision of a pending miscellaneous case has no bearing in deciding questions of possession of the informant in the disputed land and Masud Anwar and other lessees were not witnesses in the charge shee......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. ......ondent Judgment July 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..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
.... It is her further case that the appellants have filed the suit as a counter-blast to Title Suit No.405 of 1980 and Miscellaneous Case No.197 of 1981 filed by the respondents for declaration of their right of pathway in the schedule land against appellant No.1 and for mandatory injunction directing ......ther issues of fact contained therein were specifically raised in the Trial Court and in the first Appellate Court - If not so raised, the revisional Court was not obliged to entertain issues of fact for the first time in revision. As for issues of law and mixed question of fact and law the revision......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. ......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. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....Respondent Judgment July 17, 1990. Result: The appeal is dismissed. The Bengal Tenancy Act, 1885, Section 103B Whether entry of a person’s name in the record of right as ‘Dakhalkar’ will mean that for all time to come he will continue as a tenant at...... Result: The appeal is dismissed. The Bengal Tenancy Act, 1885, Section 103B Whether entry of a person’s name in the record of right as ‘Dakhalkar’ will mean that for all time to come he will continue as a tenant at will Ordinarily, the word "Dakhalkar......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
.... file any suit for cancellation of the impugned document dated 8.8.72 within three years from the date of his knowledge (February, 1975) about the said (allegedly) fraudulent document and as such the right to sue lapsed and it does not revive after the plaintiffs alleged purchase in 1980. The suit b......tified Review of a judgment can be made where there is an error apparent on the face of the record or that the attention of this court was not drawn to any particular statutory provision of law for which an error has crept in the judgment. Since the vendor of the plaintiff had knowledge of the......equential import are obviously insufficient. The very strict need for compliance with these factors is the rationale behind the insistence of counsel's certificate which should not be a routine affair or a habitual step." This is the true scope of the review which has been correctly en......ime. It was observed that in view of the circumstances of the case, there arises the question of the suit being barred by limitation but even then the suit was sent on remand to the Trial Court for retrial. 5. Both the parties having felt aggrieved by the appellate order came up in revision to ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....CPC was started before the learned District Judge, Rajshahi, The plaintiff petitioner filed a written objection in the said Miscellaneous Case contending inter‑alia that the order dated 18.8.84 was rightly passed by the learned Subordinate Judge and there was nothing to allege biasness against the..............Opposite Party Judgment July 11. 1990. Result: The Rule is discharged. A lawyer should be very vigilant and diligent in drafting applications particularly application for transfer of suits alleging bias of a judge. AIR 1963 (Pat) 353 and PLD 1955 PC 185 cited.........he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......f the same. On 18.8.84 on behalf of the defendant opposite party No.1 an application was filed for adjournment of the hearing of the application, as his engaged senior lawyer was busy in conducting a trial in the Sessions Court. Of course, some other lawyers were present on half of the defendants bu..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....uch person or at any time within one month from the date of the conviction order the person dispossessed to be restored to the possession of the same." (2) No such order shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a ci......e..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitted on appeal must be an express power. Surprising...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ......lection Commission can direct re-poll in the absence of Rule 68 of the Upazila Parishad (Election) Rules 1983 - Whether election commission can order recounting of votes when there was no objection before the Presiding Officer or Returning Officer before consolidation of results Election commi......n there was no objection before the Presiding Officer or Returning Officer before consolidation of results Election commission has got power to organize, conduct and hold election in a free and fair manner and direct re-poll in an appropriate case to ensure free and fair election but this powe......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
....of conducting and concluding such prceedings were followed by the opposite party..................(12)
Charges levelled against the petitioner should not be vague depriving the petitioner of his right to defend himself. In this case the entire proceedings initiated against the petitioner on the......ngladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule is made absolute
Prior notice with date of hearing for enquiry should be served to the petitioner.
In hearing of an enquiry the presence of the pe......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.
......n error of law which adversely affected the right of the petitioner causing serious failure of justice.
14. There will be no point in sending back the case to the learned Subordinate Judge for retrial for consideration of the aforesaid point as the illegality committed by opposite party No. 1 i..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....hat case the question may arise whether such an application will be maintainable or not. In the present case the papers and documents filed by the parties are sufficient to settle the dispute and the rights and liabilities of the parties concerned. The papers and documents and the annexures with the...... In a case where a private limited company is a family company it is not at all necessary to produce the script. Here in this case the respondent no 3, brother of respondent no. 2, was holding the aforesaid 1300 shares. It is not at all necessary to produce the same before the respondent No. 2, th...... have been issued in his favour. The petitioner sent another reminder on 3.7.86 to the Managing Director of the company but without any result. The petitioner also informed about the above state of affairs of the company to the Registrar of Joint Stock Companies and also other shareholders of the co......3 to Dhaka on 22nd March, 1986, Thereafter the petitioner Mr. Sherali Amir Ali Virjee, who is a notorious person and a leader of local mastaans, in presence of respondent No.3, illegally removed industrial raw materials as well as finished products and cash of Tk.75 lacs from the factory premises of..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....well as the Appellate Court unhesitatingly accepted the prosecution evidence as to the acceptance and recovery of the bribe. PW 1 denied the defence suggestion that he transplanted the money from his right pocket to the left pocket of the accused. There is no evidence on record to show that the witn......s, because the latter cannot be termed as accomplices. With regard to corroboration of trap witnesses no hard and fast rule or guidance can be given. There may be cases where the Court will look for independent corroboration and Equally there may be cases where the Court may accept the evidence......e the words of Krishna lyer, J. in Som Prakash vs. State of Delhi AIR 1974 (SC) 989 (989): "Ex cathedra condemnation of all traps and associate witnesses is neither pragmatic nor just, nor is it fair to denounce all public servants indiscriminately.” 9. Though in case of accomplice e......given. There may be cases where the Court will look for independent corroboration and Equally there may be cases where the Court may accept the evidence of the trap witnesses. In the instant case the trial Court as well as the Appellate Court unhesitatingly accepted the prosecution evidence as to th..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......ity of the proceedings in Petition Case No. 299a of 1981 under section 156 (1) 14 of the Customs Act, 1969 pending in the court of the Chief Metropolitan Magistrate, Dhaka. 2. The facts relevant for disposal of the Rule may briefly be stated as follows: 3. Mr. Fakir Ashraf, Assistant Colle......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......distinguished from the one that was before that court inasmuch as we have already found that there is a prima facie case here and there is material to sustain such prima facie case for the purpose of trial. 13. Mr. Lutfar Rahman Majumder, the learned Advocate appearing for the Customs Authority..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. .........Respondents Judgment June 6, 1990. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order XLI Rule 23 Whether there was any necessity for remanding the case to the Trial Court for re‑trial when there was concurrent finding of the tw......reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ...... Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order XLI Rule 23 Whether there was any necessity for remanding the case to the Trial Court for re‑trial when there was concurrent finding of the two courts below in respect of possession and the ent..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....by interpolation, and are according to the appellant’s mere correction of some innocuous errors. To this question I shall come in due course. But in support of the transfer, which was denied outright by the respondent, the appellant could not produce any documents except a letter, dated 26 Dec....... Result: The appeals are dismissed. The Companies Act (VII of 1913); Sections 38 & 40 When 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 ......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. ......s shares, filed the applications falsely claiming rectification of the share‑register. The applications were also resisted on the grounds of waiver, acquiescence and limitation. 4. During the trial of the applications which were also heard analogously, both parties led evidence in support of..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
.... is a question of fact. It may be inferred from the length of period of possession and other circumstances excluding an inference of dissent by the landlord. The finding of the Courts below as to the right of the plaintiff on the basis of continuous possession after the expiry of the lease Ext.3 is ......sor dissents or does not assent either expressly or impliedly there cannot be any holding over. Absence of dissent will not necessarily imply assent, but from the tenant’s continuous possession for a long period, without any contrary indication from the landlord, may in certain circumstances c......defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
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