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Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....well‑demarcated and well-delineated in the plaint, but was exclusively possessed by defendant No. 10 who delivered possession thereof to the plaintiff. He submits that the High Court Division acted erroneously in holding that a partition suit was necessary. 10. Unfortunately, these submissio......im, so she did not inherit anything from Abdul Hashim. The hiba-bil-ewaz was collusively entered into between defendant No.10 and the plaintiff during the pendency of the execution proceedings with a view to creating difficulties in the way of the decree-holders' getting possession in TS No.1 of..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......the learned single judge of the High Court Division correctly found that the findings of the courts below are based on pure surmises and conjectures and not on the evidence on record. 8. In the view of the evidence that has been led in the case, both the trial and the appellate courts after du..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....n in the murder of the deceased Chairman by the accused‑respondents were very satisfactorily proved by the direct evidence of PWs 2, 3 and 4, but the learned Judges of the High Court Division on an erroneous view discarded their evidence, solely because another Witness could not recognise them. He...... November 14, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 417 In an appeal against acquittal it is quite open to the Court to review the evidence in order to see whether finding on which acquittal has been based is perverse bein..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......se and then filed this Miscellaneous case setting aside the sale on 11.7.70. The lower appellate Court found that the judgment‑debtor had no previous knowledge of the sale before 8.6.70 and in that view found that the application for setting aside the sale was not barred by limitation. Further, th..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......f “abandoned property” as defined in Article 2 of the Order. The decision cited by Mr. Khan in the case of M/s. Gonnysons Ltd. and another Vs. Sonali Bank and others, 37 DLR (AD) 42 supports this view. Mr. Khan also rightly relied on the decision in the case of Government of Bangladesh Vs. Mirza..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......ong no holding is disturbed or split-tip by pre-emption, it will not be a case of partial pre‑emption. 4. Mr. Miah Abdul Gafur, learned Advocate for the appellants, has seriously assailed the view taken by the learned Single Judge and has contended that when five holdings were transferred un..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
....l. The learned Counsel has argued that appeal is the creation of statutes and when the statutes did not create any appellate forum the Cox cannot create it; the view taken by the trial Court palpably erroneous, the learned Counsel has further argued. 5. Section 3 of the Ordinance has conferred......jection of the plaint taking the ground that the suit was not maintainable as the impugned decision was unanimous. The learned Munsif rejected the application refusing to reject the plaint taking the view that some sort of "appellate forum" was necessary, particularly when the writ jurisdi..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ...... 166 Whether the Appellate Court was wrong in setting aside the order of winding up- The learned Judges in considering the appeal against a winding up order totally failed to keep in view the central question as to whether the Company was, commercially insolvent, because the basis o..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ......ngpur Bench of the High Court Division. The learned Single Judge, however, did not find any defect in the framing of the charge; and as to examination under s. 342 Cr.P.C., the learned Judge took the view that this is a mere irregularity which is curable under s. 537 Cr.P.C. On that view of law, the..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......he appeal. 4. The learned Judges of the High Court Division by the impugned order upheld the contention of the plaintiff and held that the appeal was incompetent and not maintainable and in that view rule 4 of Order 41 of the Code of Civil Procedure had no application in the First Appeal before..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....sses only P.W. 5 Pakhija Khatoon was examined by the Magistrate on 26.11.89 as P.W.5 and refused to examine the other three witnesses though they were named in the complaint petition on apparently an erroneous view that the said witnesses were not named in the complaint petition and closed the case ......P.W. 5 Pakhija Khatoon was examined by the Magistrate on 26.11.89 as P.W.5 and refused to examine the other three witnesses though they were named in the complaint petition on apparently an erroneous view that the said witnesses were not named in the complaint petition and closed the case and furthe..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. ......ed his own refutation. 8. Had the prosecution case been based solely on the ocular evidence then we would have acquitted the appellant. We, however, find it difficult to acquit the appellant in view of his clear and straight‑forward confession and other evidence on record. P.W.13 ASM Mobaidu..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. ......ose of prostitution as contemplated under section 372 as well as 373 BPC have become triable exclusively by the Special Tribunal and the ordinary Criminal Court has no jurisdiction to try the same in view of section 26 of the Special Powers Act, 1974. In view of the above I am of opinion that there ..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
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. ......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. ..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. ......ure, 1898 (V of 1898), Section 423 When Appellate Division can convert an order of acquittal of the accused persons by the High Court Division agreeing with the decision of the trial court by reviewing the evidence on record When there is serious defect in the process of reasoning of the..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. ...... when he conics to know about it. The learned Judges of the High Court Division quite unnecessarily laboured from applying Article 181 of the Limitation Act, firstly, because it was not held that the view taken by the Subordinate Judge was wrong and further that it was found by the learned Judges th..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... case. On examination of the relevant rules and facts of the case we find that the assigning of reason for terminating not being a requirement of any law, the order of the High Court Division is erroneous. We also do not find anything to hold that the termination had been resorted to as a measu...... 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. ..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
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. ......alleged created as alleged in the plaint. The allegedly fraudulent transfer of shares having allegedly taken place during the period of alleged insanity of deceased Siraj Miah, it is necessary in our view to dispose of the same within the frame‑work of the same suit to avoid multiplicity of suits...Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......ction of section 31 (4) CrPC. He shall not be deemed to be an Additional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, references and reviews if they are made over or transferred to him by the Sessions Judge. Case Referred to- ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ond forthwith. The Deputy Commissioner, Comilla will 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. ...... 8. On a perusal of the counter‑affidavit we find dial there is no specific denial of the incident as stated by the respondents in their petition for issuing a Rule for contempt of court. In that view of the matter, the learned Judges of the High Court Division correctly found that the appellant..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
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