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State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......March 28, 2006. Result: The appeal is allowed. The High Court Division should exercise its jurisdiction to enlarge the accused on bail after being satisfied that there are reasonable grounds for believing that the accused respondent is not guilty of the offence…………………………......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......and perused the materials on record. 16. In the facts and circumstances we find substance in the submissions made by the learned Additional Attorney-General and are of the opinion that the learned Judges of the High Court Division misdirected themselves in the exercise of the jurisdiction and, as..Category: Criminal Law | Date: | Hits: 184
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....tself provides, (page 89-90). He further says" A Constitution cannot be disobeyed with the same degree of lightheartedness as a Dog Act. It lies at the basis of political order, if it is brought into contempt; disorder and chaos may soon follow", (page 91). 165. This nation has learnt its bitter ......ned Amendment has resulted in unrecognizable repugnancies to all other existing provisions of the Constitution related to it rendering the High Court Division virtually unworkable in its original form, and as such, it is void. The impugned Amendment will go off the Constitution and the old Artic......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ...... and High Court Division. (c) Amended Article purports to confer territorial jurisdiction to the permanent benches which is repugnant to Article 102 of the Constitution. (d) Transfer of Judges have been made by a deeming provision although nowhere in the Constitution such provision t..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......ms of linking up accused with the crime, namely, the sandal was not at all put to the accused as a circumstance appearing in the case against him in his examination under section 342 Cr.P.C. It is for the prosecution to prove the case and not for the defence and when considering the oral evidence...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......am @ Fiktoo and sentenced him to transportation for life. Accused Sukkur Ali was found not guilty and was acquitted. 6. On appeal before the High Court Division, Jessore Bench, Jessore the learned Judges acquitted Jahurul Islam @ Fiktoo since his name did not appear in the First Information Repor..Category: Criminal Law | Date: | Hits: 159
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..................Respondents Judgment January 25, 1989. The Penal Code, 1860 (XLV of 1860), section 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but the appellants refused to deliver the......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......pellant, and that the latter refused to submit the accounts of the sale proceeds of paddy do not constitute any offence under section 406 of the Penal Code, it is further contended that the learned Judges of the High Court Division misinterpreted the decision in Nasiruddin Mahmud and others Vs. ..Category: Criminal Law | Date: | Hits: 44
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......310 of 1988). Not represented— Respondent Nos. 2-13 (In C. A. No. 1 of 1989). Not represented— Respondent No. 1 (In C.P. No. 310 of 1988). Civil Appeal No. 1 of 1989 with Civil Petition for Special Leave to Appeal No. 310 of 1988. (From the Judgement and order dated 22.11.88 passed ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......e elected Chairmen and the three acting chairmen. It was contended that since these acting chairmen are not representative members the removal was not passed in accordance with law. 7. The learned Judges of the High Court Division have dealt with the meaning of the provision of section 4(3) whi..Category: Election Law | Date: | Hits: 128
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......in Criminal Appeal No. 723 of 1987 (Dhaka). 2. The appellant was convicted by the Divisional Special Judge, Rajshahi, by an order dated 16 September 1987 and sentenced to rigorous imprisonment for 5 years and also to fine of Tk. 90,000/-(ninety thousand), in default to rigorous imprisonment......lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......nal Code, read with section 5(2) of Act II of 1947. He preferred the appeal which was admitted for hearing by the High Court Division. He prayed for bail pending disposal of the appeal; the learned Judges granted him bail on the condition that he should pay the entire amount of the fine in four in..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......yment being made with concurrence of this court, on the contrary the auction purchaser having deposited full amount of consideration relying on validity of such auction, has been an innocent sufferer for laches of the appellants. In such position respondent no. 2, the auction purchaser is entitled t......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109...... would take place. 5. The appellant moved the High Court Division in revision against the said order and could obtain an order of stay initially but ultimately by the impugned order, the learned Judges rejected the revision petition summarily as already stated. 6. Being aggrieved thereby the..Category: Property Law | Date: | Hits: 30
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......ot be admissible in evidence”….(12) Secondary evidence of a document is admissible in the cases specifically mentioned in s. 65 of the Evidence Act and if the original is not available, reason for non availability must be given…………………..(14) Though objection was not raised whe......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......dants challenged this judgment before the High Court Division—the Government and its officials by First Appeal No. 90 of 1979—and Defendant Nos. 5-11 by First Appeal No. 46 of 1980. The learned Judges on re-assessment of the evidence held that the main documents in support of the amicable pa..Category: Procedural Law | Date: | Hits: 146
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ...... the Commission to come to that conclusion. While disputed question of fact cannot be resolved here on affidavits, we are of opinion that the Election Commission on the basis of materials before it could not prefer one result as against the other given by the Presiding Officer. In that v......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......the Election Commission dated 27th April, 1988." 4. Mr. M. Nurullah, the Learned Counsel appearing for the petitioner canvassed that the disputed question of fact was involved and the learned Judges of the High Court Division themselves have noticed but even then the Rule is made absolute in..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be raised and evidence adduced for adjudication by a competent Tribunal. This function has been given to the Election Tribunal and ......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......Civil Appeal No. 4 of 1989. Khurshed Alam vs. Humayun Kabir Salim & others. Leave was given to consider the correctness of the order made in Writ Petition No.329 of 1988 wherein the learned Judges made the Rule absolute after setting aside the Election Commission's order for re-poll. In vi..Category: Election Law | Date: | Hits: 165
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......esult:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disqualification of a member of the Union Parishad under section 7(2)(g) of the Union Parishad O......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
...... kind of loan but defaulted in repayment He assailed this provision invoking Art. 27 of the Constitution and prayed that this provision in section 7(2) (g) should be declared void.
19. The learned Judges of the High Court Division by an order dated 1 February, 1988 summarily dismissed the Writ-..
Category: Election Law | Date: | Hits: 212
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......of cement in shed No. 5, nor is there any evidence to prove that this fact was brought to the notice of the plaintiff. Under these circumstances it cannot be held that the plaintiff was responsible for not taking delivery of 3337 bags of cement. The position, of course, would have been d......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......d some of the findings of the trial court and modified the decree in part. 4. Being aggrieved, plaintiff-appellant moved this Court and obtained leave to consider whether the learned Judges acted correctly in modifying the decree passed by the trial court without reversi..Category: Civil Law | Date: | Hits: 89
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......equire registration……(6) Solenama was given effect to and construction of the solenama by the two courts below clearly shows that the entire dags were subject-matter of the compromise. Therefore clause 6 covers the case and the document is exempt from registration……….(7) Case Re......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ...... It was also noticed that the parties in the previous suit and the present suit were the same and in that context it was viewed that the entire dags was subject matter of the compromise. The learned Judges pointedly mentioned: "It is compromised between the parties claiming title to the suit dags a..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ................................................Respondent. Judgment February 1, 1984. The Arbitration Act, 1940 (Act No. X of 1940), Article 3 of the First Schedule Time for award is four months When the arbitration proceedings continued beyond four month......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......able to be set aside. The trial court dismissed the suit. Respondent filed P.M.A. No. 142 of 1974 in the High Court Division challenging the judgment and order of the trial Court. The learned Judges of the High Court Division allowed the appeal holding that the award was void ab initio sinc..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. .......Appellants Vs. Md. Khalilur Rahman & another........................ Respondents Judgment February 5, 1984. Result: The appeal is dismissed. Contract – specific performance of contract Grant of decree for specific performance is discretionary with the Court. Th......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......the defendants ultimately refused to sell the schedule land to the plaintiff unless he agrees to pay the enhanced amount of Tk. 15,000/- in addition to the balance consideration money the learned Judges of the High Court Division misdirected themselves in not refusing specific performance ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......he plea that the security on the basis of which the loan was taken has ceased to exist or destroyed…………………(56) Loan-Contract-Guarantor’s Liability Guarantor’s personal liability for repayment of a loan, even though the principal debtor remains liable for the same. The creditor ...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ...... 7. Appellant company preferred First Appeal No. 27 of 1981 in the High Court Division. Respondent Nos. 2-6 did not file any appeal. The appeal was dismissed by the High Court Division. The learned Judges expressed their reluctance to allow additional grounds to be urged before them. Moreover, on ..Category: Civil Law | Date: | Hits: 110
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees. No paper whatsoever has been prod......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ...... 5. In order to substantiate his contentions the learned Counsel tried his utmost to prove that the bainapatra, Ext. 1, was a genuine document. This document has been considered by learned Judges of the High Court Division and the trial court at home great length. In this connection the ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ...... allowed. The Partnership Act, 1932 (IX of 1932) Section 69 (1)(2)(3) The Code of Civil Procedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to ......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......ly directed to remove the objection regarding the maintainability of the suit and that defendant-respondents would not in any way be prejudiced. 6. By their judgment dated 15-3-83 the learned Judges of the High Court Division rejected the application for amendment of the plaint, allowed the ..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......2 of 1983. (From the judgment and order dated 4th March, 1982 passed by the High Court Division in Civil Revision No. 495 of 1981.) Judgment Shahabuddin Ahmed J.- The questions that fall for determination in this appeal are whether the provisions as to enquiry, as contemplated in rule......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......l Procedure Code, are mandatory in all cases, such as, where there is a declaration by the serving officer that summons was duly served by him under rule 17 of the said Order, and whether the learned Judges of the High Court Division have correctly held that the trial Court made a declaration, under..Category: Procedural Law | Date: | Hits: 93
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have no manner of application......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ...... wile and that plaintiff Geeta Rani was daughter of Gouri Dasi. It was contended that the plaintiff was not required to prove the valid marriage between Kalipada and Gouri Dasi and then the learned Judges, with respect, made a proposition which needs quotation: "But the pl..Category: Property Law | Date: | Hits: 112
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