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Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......e facts and circumstances of the case particularly having regard to the good academic background and future career of the appellant, there was enough justifiable reason to let him go on bail at least for affording him the opportunity to take his B.A. Examination. The appeal is allowed and the appell...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......bail, inter alia, on the ground that he was a B.A. Examinee from Meherpur Government College and he should be allowed to take his examination which was to be held within October 1987. But the learned Judges, by the impugned order dated 21.7.87, rejected the prayer on the grounds that he was absent d..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 .........Respondents Judgment April 20, 1988. Criminal Appeal No. 6 of 1986 The Evidence Act, 1872 (I of 1872), section 137 If the defence wanted to show that such a statement was not made before the Investigating Officer it must be put to the witness and the Investigating Officer in actual......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ...... been relied upon on account of such material contradiction. 10. It is found that the High Court Division considered this argument of alleged omission before the Investigating Officer. The learned Judges found fault in the manner in which questions were put to P.Ws. 2 and 3 in cross-examination i..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
.........." 4. As appears, section 195 has put an embargo on the taking of cognizance by Court of certain offences as mentioned therein. Of these offences, those menÂtioned in clause (a) relate to contempt of lawful auÂthority of public servants; no cognizance of these ofÂfences shall be taken ...... a restriction on the general jurisdiction of a Criminal Court to take cognizance of an offence at the instance of any person under S.190 Crl.P.C. and it empowers a particular court to make complaint for an offence committed by a party to a proceeding in that court in respect of a document produced ......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......s totally barred by section 195(1)(c) Crl.P.C. in that when the alleged forged document was proÂduced in evidence in court it was the court alone which was competent to make a complaint. The learned Judges of the High Court Division, however, relying upon a decision of the Allahabad, High Court in ..Category: Criminal Law | Date: | Hits: 63
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....be vacated. Further, in view of the reasons given for vacating the order, we do not feel that there has been any arbitrary exercise of discretion. 10. It appears that an application for drawing up contempt proceeding for violation of the stay order dated 4th November 1985 granted by this Court in...... that once a stay order is passed by the High Court Division it loses its discretion to vacate the same, even if it is satisfied that the same should be vacated. Further, in view of the reasons given for vacating the order, this Division does not feel that there has been any arbitrary exercise of di......easons stated above, the appeal is disÂmissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ...... failed to obtain any remedy from the MiniÂstry of Land Administration and Land Reforms filed Writ Petition, No. 307 of 1985 before the High Court Division, Dhaka. On 5th September, 1985 the learned Judges of the High Court Division issued the following Rule Nisi upon the respondents: "Let a Rul..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ...... were not drawn the Rules of 1984. As such the provision of discharge cannot be applied therein. These proceedings were drawn under the Rules of 1976 and were pending when the Rules of 1984 came into force. In the provisions for automatic disposal under the Rules of 1984 the qualifying clause "as fa......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......on the date of coming into force of these Rules-on 20.7.1984. Now the question is whether this was the intention of the LegÂislature in enacting sub-rule (2) of Rule 26 of the new Rules. The learned Judges of the High Court DiviÂsion, on consideration of the rules, concluded that this was not the ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......dhury and Mr. Justice MH Rahman) on 3rd May 1983. 2. Plaintiff-respondents filed a suit being Other Class Suit No.1 of 1966 against the Government in the 3rd Court of Subordinate Judge, Mymensingh for declaration of their title to the suit land and that their possession was not unauthorised and t......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......urt DiviÂsion. During the pendency of the appeal appellant filed an application under section 4(2) of the Attia Forest (Protection) Ordinance, 1982 for an order of abatement of the suit. The learned Judges of the High Court Division held that the appeal and not the suit filed by the respondents has..Category: Property Law | Date: | Hits: 63
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......nder section 439A Cr.P.C. in the Court of the Sessions Judge was the petition in revision in the High Court Division. In that view we are unable to accept the contention of the learned Advocate for the petitioner that a writ would lie under Article 102 of the ConstiÂtution as revived, again......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......parties, set aside the judgment and order of the Magistrate by judgment and order dated 18.9.85. 4. Being aggrieved by this order, the appellant filed Writ Petition No. 435 of 1985 and the learned Judges of the High Court Division dismissed the writ petition summarily on the ground of maintainaÂ..Category: Constitutional Law | Date: | Hits: 174
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......cquisition and Tenancy Act ceased to exist. In section 22 of the Act express provisions are made subjecting all lands to assessment and payment of rent. Only because there is no term in the agreement for payment of rent the claim of exemption from payment of rent is unacceptable as because all the l...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......ernÂment. Government preferred the aforesaid First ApÂpeal which was heard by a Bench of the High Court Division, Dhaka on 12th April 1982. 5. On the dismissal of aforesaid appeal by the learned Judges of the High Court Division the GovÂernment moved this Court and obtained Special leave to co..Category: Property Law | Date: | Hits: 47
....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......ink it was absolutely necessary to hold the inquiry with notice to and in the presence of the appellant. At the very least he ought to have been given a show cause notice against the enquiry report before the order was passed. "No one should be condemned unheard," is a settled principle of law which......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......, that a licensee has a right to know the reasons if the order is challenged in a court and the appropriate authority must lay before reasons for its decision and the materials behind it. The learned Judges went on to say that that it is desirable to communicate the reasons for the decisions for, it..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......t 31, 1987. The Pourashava Ordinance, 1987 (XXVI of 1987) If any individual elected commissioner or the Chairman himself do come within the mischief of law then the necessary steps can be taken for his removal which is authorised by law. But certainly the Paurashava a corporate body which is e......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......decision but it was refused because the first contention as to the locus standi of the petitioner was neither raised in the High Court Division and on the second point it was noticed that the learned Judges have given coÂgent reasons for taking view. (In Civil Petition No. 164 of 1981). 33. In C..Category: Election Law | Date: | Hits: 118
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ...... High Court Division while entertaining the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this aspect of the case calls for no decision inasmuch as, the moot question was whether the house in question was abandoned prope......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......pondent is a British Bangladeshi citizen. To my mind this aspect of the case calls for no decision inasmuch as, the moot question was whether the house in question was abandoned property. The learned Judges themselves have found that a non-national possessed property in this country and that has not..Category: Immigration and Citizenship Law | Date: | Hits: 214
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......hali by an order dated 26 JanuÂary, 1983 under sections 302/34 and 201 of the Penal Code; all of them except accused Hafez were sentenced to death while accused Hafez was sentenced to transportation for life. Along with them were tried one Joynal Khan and one Yasin Majhi who were however convicted ......k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......being incriminating in nature, the extra-judicial confession made by one of the accused to the villagers and chairman not being reliable and also considering other facts and circumstances the learned Judges of the High Court Division having acquired the accused it cannot be said that their finding i..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ...... March 31, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 The documents being lawfully admitted into evidence on behalf of the appellants but could not be considered for want of oral evidence as held by the High Court Division and on such finding the suit ought to h......court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......en objected to. We think there is a good deal of persuasion in the submission of the learned counsel for the appellants. 9. It appears from the judgment of the High Court Division that the learned Judges found that the, documents produced at the trial by the defendant-appellants (Ext."Ka" to "Uma..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......t Vs. Madhu Mirdha..............Respondent Judgment August 18, 1987. The Code of Criminal procedure, 1898 (V of 1898), Section 339C read with Ordinance No. 37 of 1983 Time limit for trial was extended from time to time and the last date for conclusion of trial was on 30/06/1985......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......ment all trials pending before the Magistrate or a SesÂsions Judge shall continue to be concluded before 30 December, 1983. This period was extended to 30 June 1985 by another Ordinance. The learned Judges of the High Court Division did not accept this conÂtention and holding that this Ordinance w..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......udgment April 10, 1986. The Code of Criminal Procedure, 1898 (V of 1898), Section 339C. The District and Session Judge not being the presiding judge of the court (reasons being not explained) for 53 days and the court being presided by some other judge not being the District and Sessions Jud......referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......riod of 150 days and as such they were entitled to he released under section 339C, Cr.P.C. but the Sessions Judge instead of stopping further proceedings fixed another date for the trial. The learned Judges, how ever, found that the period of 53 days during which the trial Judge, namely the Addition..Category: Criminal Law | Date: | Hits: 52
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......zle Hussain Mohammed Habibur Rahman and Mr. Justice Syed Mohammad Ali) on 18th July, 1984. 2. Respondent-plaintiff instituted O.S. No. 8 of 1975 in the First Court of Subordinate Judge, Chittagong for recovery of khas possession of the suit premises after rejecting the defendant- appellant and fo......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......ion which was dismissed on 18th July 1984. Being aggrieved the appellant moved this Court and obtained Special Leave to Appeal to consider the following, contentions- "1) Whether the learned Judges of the High Court Division were wrong in holding that the admission of the plaintiff-respon..Category: Tenancy Law | Date: | Hits: 109
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ...... section 300, Clauses 1, 2, and 3. The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of the victim, therefore, is prima facie apparent. Even otherwise it can be said that the act was done with the intentio......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......the charge of murder was concerned but found the appellant guilty under section 302 Penal Code and maintained the sentence passed against him. 5. Leave was granted to consider whether the learned Judges of the High Court Division erred in convicting the appellant under section 302 Penal Code wit..Category: Criminal Law | Date: | Hits: 52
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......e allegation upon which it is based is, on the face of it, groundless or so preposterous that no man of ordinary prudence will take any notice of it. Mere delay in lodging a complaint is not a ground for quashing a proceeding, for there are varied circumstances in which lodging of any information as......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......pellants are liable to be quashed under section 561A of the Criminal Procedure Code. This appeal is from an order of the High Court Division (Jessore Bench), dated 30 June, 1985, by which the learned Judges refused to quash the proceedings merely on the ground of delay in instituting the proceeding ..Category: Criminal Law | Date: | Hits: 46
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......ed 12 March 1984 passed by the High Court Division (Rangpur Bench) in appeal upholding the conviction and sentence of the appellants under sections 302/109 Penal Code. 2. The appellants along with forty (40) others were put on trial before the Additional Sessions Judge, Rajshahi. Forty two (42) a......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......nd 364/149 Penal Code. 8. On appeal the conviction and sentence of ten (10) accused including the present appellants were upheld by the High Court Division and the rest were acquitted. The learned Judges, however, set aside the conviction even of those 10 accused under section 364/149 Penal Code...Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......mergency Provisions) (Repeal) (Amendment) Ordinance, 1976 (Ordinance No. 93 of 1976), section 2 The contract was made by Hemnalini and she died within a year of the agreement. Plaintiff was asking for the kabala and since the property became enemy property the defendants, the heirs of Hemnalini c......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......e High Court Division repelled the contention as to the nature of the property whether it was stridhan or not inasmuch as there was no evidence as to when Hemnalini acquired the property. The learned Judges considered that prime question was that after vesting of the property in the custody of the E..Category: Property Law | Date: | Hits: 47
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