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Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....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. ...... of 1989 under section 323/427/379 of the Penal Code acquitting the accused respondents. 2. Over the same set of incident on 21.2,1989 the accused respondents alleged to have trespassed into the land of the appellant by forming an unlawful assembly and by breaking out kutcha shop house, removed......vidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......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. ..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ...... husband and they came to know from the village people that his name was Waziar. The wives suspected Waziar for the death of Swarup Moral who had a dispute with his step brother-in-law Yasin over the land belonging to his mother-in-law, the mother of his first wife. P.W.1 suspected that his step bro...... that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......oborative circumstances to convict appellant Sheikh Ahmed under section 302 has been supplied by the existence of the punctured injury on the neck of the deceased. However, we need not dilate on this question in view of the clear finding of the High Court Division that the appellant Sheikh Ahmed sto..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....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 Special Tribunal at one trial whereas the Tribunal was constituted only to try cases mentioned in the schedule of the Special Powers Act and not for offences under the ordinary penal laws of the land." 20. The above decisions were referred to me at the time of deciding Criminal Appeal No. 47......t 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. ......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. ..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)
....purchased and earned the movable and immovable properties of the schedules below, with the monies of the ejmali fund of the said business belonging to both of them and they both were in enjoyment and possession through the above kind of purchased interest". Further, in paragraph 10 of the plain......lt with. These two considerations, it appears, are germane to the determination of contrary intention. The second paragraph of section 14 is analogous to section 21 of the Partnership Act, 1890 of England and Lindley in his Treatise on the Law of Partnership 11 th edition, 1949 p. 408 observed as fo...... without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ...... plaint, standing jointly in the names of the predecessors of the defendant‑appellants and plaintiff‑respondents, are in fact partnership properties or personal properties of both, is the precise question that falls for determination in this appeal by special leave by the defendant-appellants fr..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....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. ...... It was alleged therein that on the previous day at about 5‑00 PM accused No.1 and his men (other respondents), variously armed, attacked him and his labourers when they were cutting earth from his land comprising Plot No.1850. This land is adjacent to the homestead of accused No.1. They assaulted......o.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......and order dated 3.11.1985 passed by the High Court Division, Barisal Bench, in Criminal Revision No.46 of 1985). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the simple question for determination is whether a Magistrate can discharge the accused, without framing any ch..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....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. ......cts of the present case. The High Court Division found that appellant Nos. 1 and 2 have not made any specific averments to the effect that they are directly interested in any manner in the suit land. They are not claiming through the defendants of the present suit. They have set up an independ......al is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ...... in setting aside the application for addition of parties in the facts of the present case. 7. The suit as filed by the plaintiffs is a suit for specific performance of contract wherein the real question to be determined is whether the contract for sale between the parties was a genuine one and..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ...... Abdul Hakim, P.W.1, evidently did not hear the row and lie had to be informed by PWs 2 and 3. The other reasons for disbelieving P.Ws.2 and 3 were that they could not Say 01C description 01' the land wherefrom the victim was dragged away and that the Doctor did not find my abrasion on the dead ......rected to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......t P.W.Insan is the wife's father's brother of the deceased and P.W.5, Arshed Ali is behai of P.W. Insan. 20. At this stage it may be pointed out as to how the trial court considered the question of relationship of the witnesses. The Sessions Judge noticed the defence contention that P...Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....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. ......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. ......ate fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......mitted by a court or its officers there are high authorities laying down that in circumstances of this nature, it is not only the right but the duty of the Court to correct its own mistake. The question of limitation is immaterial in the present case inasmuch as the Court in restoring the suit..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ......s Case is also Reported in: 43 DLR (AD) 154. ......etition Nos.167, 168, 169, 170, 219, 220 and 221 of 1987). Judgment Shahabuddin Ahmed CJ.- All these seven appeals have been brought by special leave granted by us on 20 May, 1990. A common question of law being involved in these appeals which are also directed against the same order of th..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
.... 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. ...... 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. ......et 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. ......ent and order dated 1.8.1984 passed by the High Court Division, Barisal Barisal0 Criminal Revision No.11 of 1984). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the only question is whether the investigation, on the basis of which the police submitted charge-sheet again..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ....... 3. The plaint case is that the said deceased Siraj Miah, the eldest brother of appellant No. 1, had hotel/restaurant business in UK and with the earnings in the said business he purchased the land in Sylhet town and constructed building thereon. Thereafter, deceased Siraj Miah started hotel ...... is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....the plaintiffs‑respondents obtained a decree in Title Suit No. 73 of 1980 from the Court of 3rd Subordinate Judge, Comilla on 6.7.81. The plaintiffs' tide to the suit land was decreed and their possession was also confirmed except the land in plot No. 255 was to be recovered by way of executio......al of this appeal is that, the plaintiffs‑respondents obtained a decree in Title Suit No. 73 of 1980 from the Court of 3rd Subordinate Judge, Comilla on 6.7.81. The plaintiffs' tide to the suit land was decreed and their possession was also confirmed except the land in plot No. 255 was to be r......ill report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......ent Judgment July 30, 1990. Result: The appeal is dismissed. The Contempt of Court Act, 1926 (XII of 1926); Section 3 Whether evidence is to be recorded in deciding the question of Contempt of Court in the absence of denial of allegations There being no specific ..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....k in liquidation was the owner of some immovable properties in Mymensingh town as given in paragraph 19 of the charge report. It is alleged that Mr. Shehabullah did not take any step for securing the possession of those properties which belonged to the bank‑in‑liquidation. As regards the propert...... Mymensingh long before the winding up order passed on 28.3.56 by the High Court. In the aforesaid certificate proceeding the sale was held on 10.2.65 and this defendant No. 3 auction‑purchased the land with structure being Municipal Holding No. 5 Machua Bazar, Mymensingh at a highest bid of Tk. 4......dant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......he does not know the contents of the written statements filed by the defendant Nos. 2 and 3. He knew nothing about the certificate case No. 141 of 1952‑53 by which Motilal purchased the property in question. He did not know whether the, auction purchaser possessed the suit land or not. He admitted..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....fficient to decide the appeal only to give an opportunity to adduce further evidence to fill up its lacuna When decision of a pending miscellaneous case has no bearing in deciding questions of possession of the informant in the disputed land and Masud Anwar and other lessees were not witnesse......n opportunity to adduce further evidence to fill up its lacuna When decision of a pending miscellaneous case has no bearing in deciding questions of possession of the informant in the disputed land and Masud Anwar and other lessees were not witnesses in the charge sheet prosecution can not be......asis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......record are sufficient to decide the appeal only to give an opportunity to adduce further evidence to fill up its lacuna When decision of a pending miscellaneous case has no bearing in deciding questions of possession of the informant in the disputed land and Masud Anwar and other lessees were..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
.... 2. The appellants filed Title Suit No. 367 of 1991 in the 2nd Court of Subordinate Judge, Sylhet under Muslim Law for directing transfer of the suit land to the plaintiffs and ordering delivery of possession of the suit land to them on their depositing in Court the sale price of Tk. 40,000. Respo......lved as the evidence on record was complete. 2. The appellants filed Title Suit No. 367 of 1991 in the 2nd Court of Subordinate Judge, Sylhet under Muslim Law for directing transfer of the suit land to the plaintiffs and ordering delivery of possession of the suit land to them on their deposit......isposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......in the Trial Court and in the first Appellate Court - If not so raised, the revisional Court was not obliged to entertain issues of fact for the first time in revision. As for issues of law and mixed question of fact and law the revisional Court itself was competent on the basis of the evidence on r..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....limited to a mere tenant‑at‑will under all circumstances - the subsequent history and attendant circumstances are relevant facts to be taken into consideration in determining the character of the possession – Use of the word ‘Dakhalkar’ in the C.S. Record is not conclusive. The......nto consideration in determining the character of the possession – Use of the word ‘Dakhalkar’ in the C.S. Record is not conclusive. The subsequent history of possession of the suit land and other attendant circumstances admit of an inference that the tenancy was of a permanent ten......ithout any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ......icably. The suit was, therefore, dismissed. 6. The High Court Division found that both Gopal and Brojendra were recognised as tenants by the landlord, the learned Judge opined that the material question was whether Shyamsundar was a tenant under Brojendra or under Shantikana. From the first Ap..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ...... share of 2 annas 6 gondas 2 Karas 2 karanti share of Syed Wazed Ali Azam in the suit plot, in favour of the plaintiff. 3. Admittedly one Syed Md. Ali Azam was the original owner of the disputed land who died leaving several heirs including a son named Syed Wazed Ali Azam, the plaintiffs vendor....... Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ...... that it was forged by forging his LTI but he did not file any Suit to cancel the defendant's document at any time. It was observed that in view of the circumstances of the case, there arises the question of the suit being barred by limitation but even then the suit was sent on remand to the Tri..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitted on appeal must be an express power. Surprisingly no such power is...... power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant petitioner. He has acquitted accused Idris Ali Dewan of the charge under secti......ion Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......appellate or revisional stage and, furthermore, the law relating to abatement is not applicable in criminal cases. According to the provision of section 431 of the Code of Criminal Procedure the question of abatement of appeal arises in the event of death of the accused during the pendency of a..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ...... this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ......Election Commission should not have directed re-counting without hearing both the parties. In the course of re‑counting, some ballot papers in respect of 4 Centres were found missing. The pertinent question is who had done it and when? According to the elected candidate it was a post‑election mi..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......h Subordinate Judge and Arbitrator, Dhaka in Land Acquisition cases under the Emergency Requisition of Property Act, 1948. 3. The relevant facts of these two appeals are that the appellants' lands were acquired by the Government under the Emergency Requisition of Property Act, 1948. The app......ith the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......990 passed by the High Court Division, Dhaka in Civil Revision No. 1089 of 1989). Judgment Latifur Rahman J.- These three appeals by special leave are disposed of by this judgment as common questions of law are involved in all these appeals. 2. Civil Appeal Nos. 13 and 14 of 1990 rela..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
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