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The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......p;………....Appellant Vs. Fazal and others………………....Respondents Judgment March 12, 1987. Cases Referred to- AIR 1917 PC 25; Siraj Din v. Kala, 16 DLR, SC 95; A.I.R 1917 P.C. 25; 16 D.L.R (SC) 94. ......way Khijir towards the abandoned house of Narayan Muchi and assaulted him there. While Khijir was being assaulted and dragged away to the mud-well, Bhola and Keru intervened and begged for the life of Khijir. The accused caught hold of Bhola and Keru and began to assault them and f..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ...... State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The Appeal is allowed. Cases Referred to- Nishi Kanta Jha vs. State A.I.R 1969 (S.C) 422, AIR 1952 (S.C) 354; 1963 (3) S.C.R 678; Bhubo......peal is allowed. The order of the High Court Division is set aside and the conviction of the appellants as recorded by the trial court are restored and the sentence of accused Lalu Mia is commuted to life imprisonment. Shahabuddin Ahmed J.—I have gone through the proposed judgments, one by lea..Category: Criminal Law | Date: | Hits: 124
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......ip;…………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Cases Referred to- K.M. Multani vs. Paramount Talkies AIR 1942 Bom. 241; The North Cheshire and Manchester ......white, depicting an imaginary story between the Greek & the Romans about 4000 B. C; the other film was in English produced in America with foreign cast in technicolour depicting modern American life; the Indian film was given the came Virginia after the name of its heroine, but the Ameri..Category: Intellectual Property Law | Date: | Hits: 239
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......hellip;………………Appellant Vs. Monindra Lal Roy & others……Respondents Judgment June 29, 1986. Cases Referred to- Hunoomanpersaud Panday (1856) 6 M.I.A. 393 (PC) Prosunno Kumari Debya (1874-75) 2 I.A. 1......swami Ayyar and others AIR 1922 PC 123 (135) it is held that apart from the question of necessity a Mohunt is incompetent to create any interest in respect of the Mutt property to endure beyond his life. 13. After referring to Palaniappa Chetty Vs. Sreenath Devas,khamony, AIR 1917 PC 33 an..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......hellip;……Appellants Vs. Roushan Ara Begum and others……………Respondents Judgment March 16, 1980. Cases Referred to- Haroon Mia (1952) 4 DLR 114 ; Bindhu Bala (1952) 4 DLR 293; Maharaja B. Singh (1953) 5 D......rious fact that the plea of adverse possession is being raised up. When the relationships are such that the co-sharers are led to believe in certain circumstances which are not uncommon as fact of life will those circumstances be taken as evidence of knowledge of adverse possession. Long li..Category: Property Law | Date: | Hits: 50
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....d land is, however, admitted by a few witnesses to be in possession of appellant Muslim, P.W.1, of course, stated that Meghu and Juma had erected a hut about a month and a half before the occurrence. Right over the same disputed land was also claimed by Kanu, Misri and Nanu. 18. A few days prior ......iminal Procedure, 1898 (V of 1898), section 154 Criminal Trial The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on the prosecution alone……...... Misri, Kanu and Nannu were convicted under sections 302/34 of the Penal Code and appellants Juma and Meghu were convicted under sections 302/109. Each one of them was sentenced to transportation for life. All of them were also convicted under sections 449/34 and sentenced to suffer R.I. for 7 years..Category: Criminal Law | Date: | Hits: 56
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......149. The Code of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning of section 271 of the Code of Crimin......dgment: A.T. M. Afzal J.-The five appellants have been convicted upon a trial held by the Additional Sessions Judge, Rajshahi under sections 302/149 Penal Code and sentenced to transportation for life each in Sessions Case No. 41 of 1977. Their appeal against the order of conviction and sentence..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... "FRANCHISE. (1).—"Franchise or liberty. A royal privilege belonging either to the Crown or to a subject by virtue of a grant from the Crown, either express, or implied from long enjoyment; Wms. on Rights of Common, 228" (Elph. 581, which see); "an immunity or exemption from ordinary jurisdictio......1978 was instituted in representative capacity on behalf of a number of villages of Nagarpur police station, Tangail and Chowhali police station of Pabna District. The dispute in the suit related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria hat to sit on two particula......for the purposes of buying or selling agricultural or horticultural produce, livestock, poultry, hides, skins, fish, eggs, milk-products or any other articles of food or drink or other necessaries of life, and includes all shops of such articles or manufactured articles within such place;" 32. Th..Category: Property Law | Date: | Hits: 202
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......rect analysis of the evidence on record and the principles of law involved in the case set aside the judgements of the Courts below and dismissed the suit on the findings that the plaintiff failed to prove that defendant Khorshed Alam was not the son of Amir Ali and that he was the son of prosti...... the marriage and the disclaimer of acknowledgement by the Nowab of the respondent as his son and relied upon deed of disclaimer and the repudiation of the respondent executed by the Nowab in his life time denying that the respondent was his son was held to be untenable, Their Lordships howe..Category: Family Law | Date: | Hits: 239
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......of 1872), section 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the lan......that Kala Mia paid rent so long he was alive and after his death his heirs, the defendants, became irregular in payment of rent and ultimately stopped it. P.W. 2 has stated that Kala Mia during his life-time had engaged him to look after his cloth-shop and to pay rent for the premises and that the..Category: Property Law | Date: | Hits: 37
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......Phrases ‘Witnesses tendered by prosecution’ explained A witness may be tendered by the prosecution if his evidence is not of much importance or his evidence will make unnecessary addition to the evidence already adduced. Sometimes, a witness is tendered by the prosecution out of a moti...... for committing the murder of one Nurul Islam on the night following 8 August 1978. Of the convicted persons, Mujaffar Ali was sentenced to death while the others were sentenced to transportation for life the High Court Division rejected the Reference under section 374 of the Criminal Procedure Co..Category: Criminal Law | Date: | Hits: 60
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......eal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law and prior notice to the Appellant firm. This act is complete disregard of the express terms of the agreement between ......nce with the provisions of such law, opportunity must be given to the owner of such property to legally defend its right to property, which, it is essential to remember, comes only next to right to life and liberty. These principles are, it may be recalled, are enshrined in our Constitution. 27..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......2 of the Companies Act and Prayer for rectification of the share register under section 38, simultaneously in the same petition before the Company Judge, in not maintainable and cannot be disposed of together ………..(23) Where winding up order had intervened whereby rights of creditors were m...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..Category: Company Law | Date: | Hits: 195
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ...... Result: The petition is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. ...... case involves a substantial question of law as to the interpretation of this Constitution; or (b) has confirmed a sentence of death or sentenced a person to death or to transportation for life; or (c) has imposed punishment on a person for contempt of that division; and in such..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......oudhury J Bangladesh Enemy Property Management Board and ors………….... .Appellants. Vs. Md. Abdul Majid…………..... Respondent Judgment March 27, 1975. Cases Referred to- M. M. Mansur Ali Vs. Aradendu Shekhar Chatterjee. (1959) 21 DLR (SC) 20; Daulatpur Jute Mills......ting new property in the Custodian and that the concepts of “enemy” and "enemy property" which were introduced by the Defence of Pakistan Ordinance und the Rules, were effective only during the life of that Ordinance and the Rules. 6. It is true that the Defence of Pakistan Ordinance cease..Category: Property Law | Date: | Hits: 125
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ...... Appeal No. 2 of 1973). Not represented—the Respondents. Abdur Rob, I, Advocate-on-Record—For the Appellant (In Appeal No. 3 of 1973). Faqeer Shahabuddin Ahmad, Attorney-General, instructed by W. R. Khan, Advocate-on- Record—For the Respondent. ......id not take place in the manner as alleged. The trial Court convicted the accused persons of all the charges and sentenced Idris Pandit and Anu Mia to death and the rest to transportation for life under section 302/34 of the Penal Code. No separate sentence was, however, passed under sectio..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......Case is also Reported in: 27 DLR (AD) 16. ......urt, he may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or transportation for life. There is a proviso to the sub-section which empowers the Court to direct even such persons to ..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......; Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 38......igorously followed for the ends of justice. 24. Mr. Rashed lastly contended that the prisoner has been suffering from extreme mental agony since his involvements in the case in 1967 and his life has been pending on the scales since then. Moreover, after due examination of the evidence pr..Category: Criminal Law | Date: | Hits: 66
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ...... and thereby dismissing the plaintiff-appellants' partition suit being Title Suit No. 30 of 1958 of the Court of Subordinate Judge, Dacca. 2. The suit land as described in the schedule to the plaint belonged to one Mungro Mali from whom Sachindra Nath Bose, father of the plaintiffs, ......fs, his two minor sons and defendant No. 1 Rama Bose, his widow, who inherited it in equal shares under the Dayabhag School of the Hindu law. Interest of defendant No 1 was however limited to her life span, the two sons having got right of reversion on her death. Defendant No. 2, it is al..Category: Property Law | Date: | Hits: 54
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....validity or otherwise of the impugned order has to be determined by us. As the learned counsel for the appellant relied most heavily on the equality clauses included in the chapter of Fundamental Rights in the Constitution, we may begin by quoting first Article 27 of the Constitution which guara......inistry of Health and Population Control and others…………………………………………Respondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Shamlal vs. State of Uttar Pradesh AIR 1954 S.C. 369; Jibendra Kishore Acharyya vs. Govt. of......ployee dies earlier or resigns from the post. It does not depend on the discretion of the employer or the employee who earns a well-earned rest with or without pensionary benefits for the rest of his life; it has, by custom and by convention, become an inextricable incident of Government service; ..Category: Employment/Service Law | Date: | Hits: 180
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