Search Options
Judgment Advanced Search
Displaying 981-1000 of 5707 results.
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....ple including his nephew Sayeed Ali Mondal was returning home from Chatmohar Station hat by boat at about 8-30 PM. When his boat reached a place in between Gokulnagar and Mathura ghat, about 20/25 persons, variously armed with 'Kata' rifles and daggers, confronted the boat from both sides of......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...... 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 disregard of good and unblemished evidence given by other witnesses who got no grudge or enmity whatever with the accu..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....g the provision of Order 21 rule 68 of the Code of Civil Procedure and whether he wrongly upheld the auction sale in question. The High Court Division upheld the sale only on the ground that the son of defendant No. 1 being heir of judgment‑debtor contested the suit and as such it must be pre......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......) (1991) 152. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....gs as pre‑emption is preferable holding-wise. This pre‑emption is not hit by the doctrine of partial pre‑emption. By the pre‑emption in question he is entitled to get those portions or shares so that he could keep in tact the original holding or holdings. Cases Referred to- Salimud......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......) 78. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... the plaint taking the ground that the suit was not maintainable as the impugned decision was unanimous. The learned Munsif rejected the application refusing to reject the plaint taking the view that some sort of "appellate forum" was necessary, particularly when the writ jurisdiction of t...... 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. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Kazi Mobarak Ali .............................................Appellant Vs. Mohammad Yeasin Mazumder and others................Respondent Judgment August 29, 1990. Result: The ap..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....the order of winding up- The learned Judges in considering the appeal against a winding up order totally failed to keep in view the central question as to whether the Company was, commercially insolvent, because the basis of an order for winding up a company on the ground of its inability to pa......k is from judgment and order dated 27.2.1990 passed by a Division Bench of the High Court Division, Dhaka in Company Appeal No.17 of 1986 filed under section 202 of the Companies Act, 1913 (hereafter called the Act) allowing the same and setting aside those of the Company Judge dated 27.11.86 and fu......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. ...... (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Agrani Bank .............................................Appellant Vs. Bangladesh Tyres Ltd and others..............Respondents Judgment August 29, 1990. Result: The appeal..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)
.... 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 causing grievous injuries with daos when some cattle of the appellants, which destroyed his Aush crop, were sought to be impounded. Cognizanc......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......resent: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J A Gafur alias Haji Abdul Gafur & others.................Appellants Vs. Jogesh Chandra Roy and another.............................Respondents Judgment August 27, 1990. ..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....nt has not been impleaded in the appeal at all and is not before the Appellate Court. The language of rule 4 of Order 41 of the Code creates a legal fiction in the sense that the appeal filed by some of the defendants will be treated to be an appeal on behalf of all the defendants and the benef...... bringing the non-appealing defendant on record. 9. On the other hand, Mr. TH Khan, learned Advocate, broadly contends that this provision of Order 41 rule 4 of the Code can be called in aid only when the necessary parties are before the appellate Court, and non‑impleading o......th Datta, 4 DLR 400; Shah Muhammad and others Vs. Muhammad Bakhsh reported in PLD 1972 (SC) 311; Mst. Murad Begum etc. Vs. Muhammad Rafiq Etc. PLD 1974 (SC) 322; Muhammad Jamil Vs. The Chairman, Industrial Court, West Pakistan and another, PLD 1964 (SC) 559; Iman Ali Halsana and others Vs. Furkun Al......n: 43 DLR (AD) (1991) 156. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....over the self-same occurrence are 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 Magistrat......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. ......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 ......an & 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 accordance with ..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....e statements made in chief and those made in cross by putting them in juxtaposition and see whether that witness has stood the test or supplied his own refutation- Had the prosecution case been based solely on ocular evidence the accused would have been acquitted. Since the accused admitted his guil......d. She also told her co‑wife P.W.6 that she recognised Waziar. This witness however contradicted herself in cross‑examination by saying that she woke up when warm blood fell on her body. She then called her co‑wife to light a lamp and she lighted a lamp. She did not see Waziar with the light o......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......cquittal 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 before Court. Before drawing ..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....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 and sentencing him to suffer rigorous imprisonment for 3 years. 7. Mr. MA Wahab Miah, the learned Advocate for the appellant, has taken me t......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......bdul Mannan, Assistant Attorney General with JK Paul, Advocate‑ For the State. Criminal Appeal No. 210 of 1989. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and order of conviction and sentence passed by Mr. Md. Abdul Hannan, Assistant Sessions Judge and Sp..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)
....tnership Act, (IX OF 1931); Section 14 and 69(2) Whether the immovable 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 o...... 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 ......1991) 121 ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....(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 either so frivolous, absurd or insufficient that no useful purpose would be served by framing a charge agai......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......ent 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 a..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....ontract into a suit for determination of title which is not permissible in law. The appellants may file an application for analogous hearing of Title Suit No. 7 of 1969 with the present suit, if they so desire. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellants. MG Rab......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......ourt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J Golam Kader being dead his heirs; Nurun Nahar Begum and others..................... Added-Defendant-Appellants Vs. Abdul Khaleque Choukder an..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
.... The impugned judgment and order are set aside. 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 evide......een the respondents dragging away the deceased Abdul Hakim towards the house d respondent Nurul Haque by putting a gamcha on his neck. PW 4 Arab Ali who was inside his house at that time was actually called out by PW 5, Arshed Ali who first saw the dragging of the deceased. PW 4 came out of his hous......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......riminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J State................................... Appellant Vs. Abdus Sattar and others..........Accused-Respondents Judgment August 9, 1990. Result: The i..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....plication under Order 9 rule 9 of the Code of Civil Procedure for restoration of the suit alleging that the record of the suit was sent to the High Court Division in connection with FA No.226 of 1974 sometime in 1976 and upon its receipt back, no notice was given either to the respondent or to his l......sometime in 1976 and upon its receipt back, no notice was given either to the respondent or to his learned advocate and thus the respondent was prevented from appearing in the Court when the suit was called on for hearing on 3.1.78. The petitioner opposed the prayer, inter alia, on the ground of lim......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......n the present case inasmuch as the Court in restoring the suit merely corrected the mistake of its officers of not informing the learned advocate of the parties about the receiving back of the record and the next date fixed. Cases Referred to- Allahdino VS. Fakir Mohammad & another 2..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
....0) Judgment August 8, 1990. Result: All the appeals are allowed. Bangladesh Parjatan Corporation Service Rules, 1980; Rule 41 sub‑rule (2) Clause (iv) Whether any reason was required to be assigned for termination of the services of the respondents, who were employe......loyee during his regular service period. Regular service, it appears, means service on confirmation in service after conclusion of the period of probation. In this sense an officer or employee may be called a permanent officer or employee, though this expression has not been used in the Rules. Claus......n lieu thereof. Possibility of arbitrary exercise of this power to terminate is there. The pay in lieu of notice is also very negligible i.e., one month's pay. In many other organisations or industrial establishments, ordinarily three months' pay, along with gratuity at the rate of one month......p; others..................Respondents (In Civil Appeal No. 33 of 1990) Mosharraf Hossain Khan & others.........................Respondents (In Civil Appeal No. 34 of 1990) Momtaz Begum and others .................................Respondents (In Civil Appeal No. 35 of 1990) Sorhab..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
....d further investigation; and the police, after holding further investigation, submitted charge-sheet, far beyond the "specified period" of sixty days, as stated in section 167(5) and also of "ninety days" as stated in section 35(d) of the Transitory Provision. In fact the ch...... 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......l) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Kazi Abdul Jalil.............................Appellant. Vs. Jashim Munshi and another ………..Respondent Judgment August 6, 1990. Result: ..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....st 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 not change the nature......nd fraudulently transferred 600 shares of deceased Siraj Miah. Apart from the original declaration that the partition deed is fraudulent, a further declaration by amendment was sought for that the so-called transfer of 600 shares of deceased Siraj Miah in Hotel Al-Amin Ltd. is fraudulent, collusive,......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)
...................................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, complete and self...... 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......n: 43 DLR (AD) 95. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
.... appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Sections 290 & 31 (4) Power of the court to pass higher sentences An Assistant Sessions Judge under the proviso to sub‑section (3) of section 9 CrPC has the limited power to pass higher sentences except the ......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. ......43 DLR (AD) (1991) 77. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
17541781176617861784142917835033173951811771174917651742174614631768175617581751