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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. ......ularity which is curable under s. 537 Cr.P.C. On that view of law, the learned Single Judge restored the order of conviction but reduced the sentence. Leave was granted by us to consider whether this decision was well founded in law. 4. We have heard Mr. KZ Alam, learned Advocate for the appel..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....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. ...... to implead a necessary party would remain incompetent till the end of it, unless otherwise during the pendency of the appeal necessary parties are brought on record. 11. There is a long line of decisions of this sub‑continent that rule 4 of Order 41 of the Code will apply provided the appeal..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
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. ......e to be tried by the same court in accordance with law one after another and the judgment is to be pronounced in both the cases on the same 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 p..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. ...... 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. 12. Lastly the learned Counsel for the appell..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. ......cate for the appellant is that the trial is vitiated, for misjoinder of charges as both schedule and non‑schedule offences are charged together. In support of his contention, he put reliance on the decision reported in 33, 35 and 31 DLR at pages 203, 127 and 174 respectively. The decision reported..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 ......on appears". The legal fiction creates only a rebuttable presumption. Even when the purchase money is money belonging to the firm, that fact itself is not decisive. In a case of this nature, the decision of the question whether the disputed property is or is not a partnership property would dep..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....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. ......h Court Division 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 consequentl..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
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. ...... The Code of 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 i..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. ......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 whether this decision was correct in law. 3. The provision for specifying a time within which an investigat..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
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. ......s Judge was invested with the power of hearing the appeal against the order of conviction recorded by a Magistrate, First Class. 3. The Learned Counsel for the appellants relied on a Full Bench decision of the High Court Division (Comilla) in Nurul Huda Vs. Bahar Uddin & ors, 41 DLR 395 in..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
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. ......pellate 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 evidence to fill up its lacuna When decision of a pending miscellaneous case has no bearing in deciding questions of possession of the i..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. ......in issues of fact for the first time in revision. As for issues of law and mixed question of fact and law the revisional Court itself was competent on the basis of the evidence on record to come to a decision of its own without sending the suit back on remand to the Trial Court for a fresh decision ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....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. ......e, in which the landlord acquiesced or of which he had knowledge, a Court is justified in presuming that the tenure is of a permanent nature". 13. The Privy Council noted with approval the decision in Caspersz's case in the case of Afzal-un-Nissa Vs. Abdul Karim ILR 47 Cal I (PC). ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....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. ......ase the allegations of bias against the learned Subordinate Judge are without any basis or foundation. Hence the impugned order should be set aside. In support of his contentions Mr. Mondal has cited decisions reported in AIR 1963 (Pat) 353 and PLD 1955 PC 185. 8. Mr. Abdur Rahman Biswas, the l..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... 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. ......down the above principle obviously was to prevent the estate of a deceased person being damaged although death had terminated the personal interest of the convict in the appeal.......... (6) The decisions already referred to relate the interest of the heirs of the deceased accused and continuat..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... have to be read along with the remaining provisions contained in clauses (a) and (b) of section 29(2). Section 29 is a saving clause. It will override the other provisions of the Limitation Act. The legislative mandate contained in clause (b) of section 29(2), namely, that "the remaining provi......r a Court to condone the delay under section 5 of the Limitation Act. Similar view has also been expressed in the case of Kaushalya Rani Vs. Gopal Singh, reported in AIR 1964 SC 260 and in many other decisions of the High Court Division of this Court relating to special or local law which prescribes..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ....... 2 alleged that the applications for winding up were filed by the appellants with a malafide motive to prevent the companies from acquiring back the shares of Pubali Jute Mills Ltd., pursuant to the decision of the Government to de‑nationalise the said Mill published in the Bangladesh Gazette on ..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......ed to register it, be retained by the company. The Directors may waive the production of any certificate upon the evidence satisfactory to them of its loss or destruction." 12. In the above decision their lordships were of the view that no transfer can be registered without a proper instru..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....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. ......bdur Rahman vs. State, 27 DLR 268 and Abdul Jabbar vs. State, 37 DLR 278. 4. The practice of utilizing Magistrates in trap cases has been disapproved by the Pakistan Supreme Court in a number of decisions. Let us refer to one Muhammad Zaheer Nadeem Vs. The State, PLD 1960 (SC) 51(55) wherein it..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. ...... committed by the consignor at Hong Kong. 10. The contention of the learned Advocate is that no prima facie case can be based on suspicion. The learned Advocate has referred to and relied upon 2 decisions viz. (a) 28 DLR (AD) 38 and (b) 27 DLR (AD) 29. In the first case under reference three ca..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
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