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Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
.... the plaint must be taken as admitted unless denied or stated to be not admitted in the pleading of the defendant, and where there is no pleading of the defendant, there can be non‑admission on his part and he is bound by all the allegations in the plaint. Being in respectful agreement with the af......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. ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
.... is allowed. The Evidence Act, 1872 (I of 1872), Section 3 Circumstantial evidence In 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 com......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. ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....be termed a reduction in rank. The post of an IPO is a promotion post. There could not be any promotion to 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 cont......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. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....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 maintainable without a prayer for partition. Lawyers Involved: N H Khandkar, Advocate-on-Record-For the Appellant. SR......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. ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
.... Mahmudul Islam, Advocate, instructed by Sand Advocate-on-Record-For the Appellant. Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent No. 1. Ex parte - Respondent Nos. 2 & 3. Civil Appeal No. 47 of 1986. (From the judgment and o......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. ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....gnised the assailants on the spot in moon light. 4. Mr. B Hossain, learned Deputy Attorney General, has taken us through the entire depositions recorded in this case and has contended that participation in the murder of the deceased Chairman by the accused‑respondents were very satisfac......ly immediately and on the following day a nephew of the Chainman (P.W.1 Monwar Hossain) lodged First Information Report at the Police Station naming these four accused as the assailants. In course of investigation by the Police, accused Akbar made a statement to the Investigating Officer and in purs..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....lopment by an order dated October 2, 1975 (Annexure E-6 to this petition) stated that the house in question cannot be treated as an abandoned property and as Nasiruddin was a pension holder and never parted with the administration and supervision of his property a direction to maintain status quo in......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....r 1, 1990. Result: The Appeal is dismissed. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII Of 1951), Section 96 Whether the "doctrine” barring partial pre‑emption stands in the way of getting pre‑emption of four out of five holdings, trans......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. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
....Abu Sayed Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-3. Dead. substitution exempted vide order dated 4.3.87 -Respondent No. 14. Ex parte - Respondent Nos.4-13 & 15. Civil Appeal No.58 of 1985. (From the judgment and...... 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. ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
.... Company is thus liable to suffer liquidation and that it is also just and equitable that the company should be wound up. 3. The Company opposed the petition by filing an affidavit-in-opposition partly denying the allegations of the appellant and contending, inter alia, that their project havin......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. ..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)
....on 537 of Cr. Pc cannot cure such omission. Lawyers Involved: KZ Alam, Advocate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Appellants. Ex parte‑the Respondents. Criminal Appeal No.14 of 1986. (From the judgment and order dat......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. ..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....provision of rule 4 of Order 41 only authorises one of the several plaintiffs or defendants to prefer appeal. But the appeal which was incompetent at its inception for omission to implead a necessary party would remain incompetent till the end of it, unless otherwise during the pendency of the appea......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....ar 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 before Court. Before drawing any inference from the testimo......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. ..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....n patrol duty in Tan Bazar area at about 10 PM. At that time they noticed that the accused was coming from the prostitute quarters with one girl named Rebaka who was weeping. On suspicion, the police party detained the accused and the girl. On interrogation, the victim girl disclosed that she was br......n Bazar for selling to the brothel. The police party then arrested the accused Kashem and produced the accused and the girl to the police station and PW 1 lodged the FIR Ext 2. 3. The police after investigation submitted charge‑sheet against the accused and he was charged under section 372/511 ..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)
....ovable town and country properties of Schedules 1Ka, 2, 3 and 5 of the plaint, standing jointly in the names of the predecessors of the defendant‑appellants and plaintiff‑respondents, are in fact partnership properties or personal properties of both The plaintiff made positive statements in...... 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
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....vocate-on-Record-For the Appellant. Mainul Hosein, Advocate, Joinal Abedin, Advocate, with him instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents Nos. 1 and 3-4. Ex‑parte ‑ Respondent No.2. Criminal Appeal No. 30 of 1986. (From the Judgment and Order ......h of the house of Nurul Haque at about 11‑00 or 11‑30PM. 6. P.W.1 lodged the FIR (Ext.2) at 11 PM and on the following morning the OC Patuakhali PS (P.W.15) came to the locality and took up investigation of the case. He held inquest on the dead body of Abdul Hakim on the identification of ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
....s this principle has been excluded in the Rule Itself. 7. Mr. Abdul Baset Majumder contends that the impugned termination is an act of punishment in disguise and that it is a malafide act on the part of the General Manager who became displeased with the respondents, who had been in the service ...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
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. ......ed. The Code of Criminal Procedure, 1898 (V of 1898), Section 167(7) The Code of Criminal Procedure (Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), Section 35(d) Whether the investigation, on the basis of which the police submitted charge‑sheet against the accused re..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....ll 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 no way changes the complexion of the suit. ...... 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. ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... appeal from this Court. 6. Leave was granted to consider the submission that the order of conviction was based on the solitary testimony of one witness i.e. P.W.1 Sona Mia who, besides being a partisan witness, was not corroborated by any other witness although the prosecution cited as many a......he morgue. 10 local witnesses cited in the charge‑sheet are either away elsewhere not known of untraceable. 3. P.W.7, Sl Mostafizur Rahman, the IO of the case, stated at the trial that during investigation he seized alamats under two separate seizure lists Exts.2 and 3, prepared sketch map E..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
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