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Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... Code and sentencing him to death by hanging in Sessions Case No. 20 of 1987. 2. The prosecution case, in short, is that accused Abdul Quddus had land on the eastern side of the house of informant Dr. Mukbul Hossain. The accused grew IRRI paddy in that land and occasionally when he used ...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......eceased girl and her brother Matiaur Rahman abused her and assaulted her and in consequence of which she died. 4. In this case leave was granted to consider whether the learned Judges of the High Court Division erred in law in upholding the conviction and sentence of the appe..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
...., Roads and Highways, Dhaka Roads Circle and Mr. Monirul Islam thus became the succeeding Sole Arbitrator, Seven years passed by, but the Arbitrator did not act. The respondent filed a petition of contempt of Court and the High Court Division issued a Rule which was served upon the Superintendin......the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No. 378 of 1988 rejecting the application filed by the defendant-appellant under Order VII, rule 11 (d) of the Code of Civil Procedure for rejection of the plaint. 2. These three appeals have been heard together and will be dis...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......ndents (In Criminal Appeal No. 9 of 87). Not Represented-For the Respondent (In Criminal Petition No. 30 of 1986). Criminal Appeal No. 9 of 1987. with Criminal Petition for leave to appeal No. 30 1986. (From the judgment and order dated 26th October, 1983 passe......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......onal Sessions Judge, second Court, Comilla. The death Reference No. 1 of 1983 was also rejected by the High Court Division. 2. In the same appeal before the High Court Division, the learned Judges affirmed the conviction and sentence from the same Sessions case of petitioners Khokan and ..Category: Criminal Law | Date: | Hits: 49
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has su...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......as submitted that the facts as narrated in the FIR and the chargesheet do not disclose the offences alleged or any other offence under the Penal Code or under any other law and as such the learned Judges of the High Court Division acted illegally in not quashing the proceeding as prayed for. The..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......f the respondents by the High Court Division in appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and then some time thereafter the dead body of the victim is ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......ahimannessa stated that on 19 Poush 1385 BS at about Zahor prayer time her son Khairul came and took his meal and went out saying that he was going to the bus stand with Khasru. 23. The learned Judges of the High Court Division considering this part of the evidence (except PW 3) observed that ..Category: Criminal Law | Date: | Hits: 38
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ...... 2, 1991. Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-Respondents. Criminal Petition for leave to Appeal No. 26 of 1991. (From the Judgment and order dated 24.2.91 passed by the......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......nts have been rightly repelled by the High Court Division. 8. But before parting with this case we record our strong disapproval of the manner in which the learned Judges of the High Court Division described the prosecution cases in the two complaint cases involv..Category: Criminal Law | Date: | Hits: 34
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......from Judgment and Order dated 9 April, 1987, passed by a Division Bench of the High Court Division, Dhaka, in Writ Petition No. 93 of 1985 discharging the Rule. 2. The appellants filed the aforesaid writ petition against respondents Nos. 1-4 challenging the legality of the Memo No. Da-73/......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......erty and it could not be taken away by the Government because there was no authority left in the Government to defeat the right of the appellants by retracting the steps already taken. The learned Judges, however, disagreed with the submission and referred to clause 12 of the deed of settlement ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......d decree of the Trial Court dismissing the suit, is barred by limitation under Article 12(d), alternatively under Article 120 of the First Schedule to the Limitation Act. 2. Facts necessary for the disposal of the appeal are that the suit lands are 22.82 acres of char land at Village Maji......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......tnidar filed a suit for abatement of rent. The Courts below granted the abatement of rent and the Calcutta High Court dismissing the appeal of the Zamindar observed: "The learned Judges in the lower Courts have proceeded under the provisions of section 52 of the Bengal Tenancy..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ......gment February 6, 1991. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No. 93 of 1990. (From the Judgment and Order dated 28th October, 1990 passed ...... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ......ere not examined by the prosecution. The learned Sessions Judge acquitted the opposite parties holding that the prosecution failed to prove the case against the accused persons. On appeal the learned Judges of the High Court Division affirmed the order of acquittal as the learned Judges did not find..Category: Criminal Law | Date: | Hits: 39
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ...... No. 3 of 1983 with Criminal Appeal No. 66 of 1983). Judgment: MH Rahman J.- The respondent Mofazzal Hossain Pramanik along with four others were tried under sections 302/34 of the Penal Code for killing wife Halima Bibi. He was convicted by the Trial Court under section 302 of the Penal Cod......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ...... 24. State being aggrieved by the order of acquittal of the respondent by the High Court Division has filed this appeal for special leave. Leave was granted to consider firstly, whether the learned Judges of the High Court Division were correct in observing that the present case was a case of no e..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......stimonies in court. The learned Judges of the High Court Division have not considered the material discrepancies, contradictions and omissions in the evidence of the eye‑witnesses in their judgment for which an error has crept in the judgment resulting in the conviction of the appellants. In view ......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......reful consideration of the evidence of eye‑witnesses, it is very difficult to rely upon their evidence in view of the glaring omissions and contradictions in their testimonies in court. The learned Judges of the High Court Division have not considered the material discrepancies, contradictions and..Category: Criminal Law | Date: | Hits: 51
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......rial piece of evidence has been overlooked or misappreciated winch could have a profound bearing on the order of acquittal and things like that. Misappreciation of evidence is not ordinarily a ground for interference with an order of acquittal but to say that misappreciation of evidence is never a s......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......s of the deceased Exts.2 and 3 were discarded equally on invalid grounds and the findings in respect of the said evidence being, therefore, perverse called for interference in revision. The learned Judges, we find, quite appropriately noted the submissions made on either side but without dealing..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......ppellant. B. Hossain, Assistant Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 18 of 1985. Judgment: A.T.M. Afzal J.- The point for consideration in this appeal by leave is whether in an appeal from conviction, the Appellate Cou......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282...... simultaneous trial is that the trials must be held in quick succession so that there occurs an over-all picture to the mind of the judge but if there is a long gap between the two trials the purpose for which a simultaneous trial is held by the same court is almost lost. As bulk of the accuseds in ......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282..Category: Criminal Law | Date: | Hits: 48
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......………………………..Respondent Judgment August, 1988. Criminal Appeal No. 7 of 1988 The Code of Criminal Procedure, 1898 (V of 1898), section 426 Condition of payment of fine for bail Order for payment of the fine as a condition for the bail is not supportable either in la......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......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: 56
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ...... Special Leave to Appeal No. 102 of 1988 The Union Parishads (Election) Rules, 1983, Rule 70 Practice and Procedure A suit and the writ petition on same subject matter filed on the same day before the civil court and the High Court Division simultaneously without mentioning either in the sui......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......t, Again, when the stay was obtained from the Presiding Judge of the Writ Bench on 9 April 1988 the filing of the civil suit could have been mentioned. For this conduct of the petitioner, the learned Judges dismissed the writ-petition summarily observing that simultaneous remedies from different for..Category: Election Law | Date: | Hits: 126
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ...... Judgment April 20, 1986. Civil Appeal No. 18 of 1986 The Evidence Act, 1872 (1 of 1872), Section 115 Pleading unawareness is one of the most convenient ways to avoid responsibility or for shifting it on to others, but the conduct of the appellant Society, however, negatives the appel......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......er did not create any right in favour of the appellant Society as it was stayed by subsequent order mentioned above and it was never acted upon or followed by either of the parties. 7. The learned Judges of the High Court Division who heard the Writ Petition held that the appellant Society go..Category: Property Law | Date: | Hits: 34
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......H.Rahman J. - These three appeals were heard together and are disposed of by this judgment. 2. The appellants' common case is that the Bangladesh Inland Water Transport Authority invited tenders for leasing out three launch ghats, namely, Swarapkati Launch Ghat, Inder Hat Launch Ghat and Bagerh......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......r its work of rehabilitation and welfare, and, thereafter, the licencing authority gave licence to the local Sangsad units for collection of tolls, charges etc. at the launch ghats. 5. The learned Judges of the High Court Division in discharging the rules issued on the writ petitions of the a..Category: Others | Date: | Hits: 103
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......ision, Barisal (Mr. Justice M.H. Rahman and Mr. Justice Syed Misbahuddin Hossain) on 2nd September 1984. 2. Appellant filed Title Suit No. 15 of 1984 in the 1st Court of Subordinate Judge, Barisal for declaration of title and confirmation of possession in the suit land. Appellant's case, inter ...... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......Relief Act. 7. Appellant preferred an application under section 155 of the Code of Civil Procedure, being Civil Order No.177 of 1984, before the High Court Division, Barisal Bench. The learned Judges of the High Court Division who heard the application summarily rejected it on 2nd September 1..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ...... May 9, 1988. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 436, 439 and 439A That the police have submitted charge-sheet cannot be a ground for dismissing the complaint. The Magistrate The Magistrate should have considered whether any proce......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......the Magistrate. 5. Mr. Abdul Wadud Bhuiyan, learned Additional Attorney-General, has referred to the relevant orders recorded in the Order-Sheet of this case and has pointed out that the learned Judges of the High Court Division proceeded on a wrong assumption that no cognizance was taken by th..Category: Criminal Law | Date: | Hits: 75
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