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Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....in rank for attracting the protection under Art. 135 of the Constitution. The language of the impugned order indicates in unmistaken manner that it was never meant to be an order of promotion. In the facts of the case the respondent was not entitled to any show‑cause notice nor there any violation...... be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw......h Manual Volume IV. The trial Court considered the gradation list of Postal Officers corrected upto 1.7.1959 that showed that ten unqualified IPOs were declared to be absorbed in the cadre, but as no evidence was led how the ten IPOs were absorbed held that the plaintiff could not claim to be absorb..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
.... The High Court Division reversed the concurrent judgments on the finding that the first appellate Court totally misconceived the pleadings and misread the evidence on record. In view of the admitted facts of the case it is inconceivable that defendant No. 10 had any exclusive possession of the suit......Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J Tayeb Ali................................Appellant Vs. Abdul Khaleque and others.... Respondents Judgment November 27, 1990. Result: The appeal is d......eal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The suit being one for declaration of title to an unspecified share of an undivided plot of land and there being no evidence that the donor thereof was in exclusive possession at any time, the present suit is not mai..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....goods occurred due to utter negligence and misconduct of the guard, DW 3 Kamal Chandra Das. It was further found that the connivance and complicity of the Railway employees cannot be ruled out in the facts of the present case for which the plaintiff cannot suffer for no fault of his own and conseque......habuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment November 19, 1990. ......re, 1908 (V of 1908), Section 115 The revisional court acted beyond it's jurisdiction in setting aside the concurrent finding of fact, when there is no misreading and misappreciation of the evidence on record. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Sand Advoca..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....e Police (PW 12) to a bamboo clump and brought out the dead body of the Chairman on 10.9.76 and then made a confessional statement to the Magistrate PW 13; but the ejahar was lodged long before these facts came out i.e on 6.9.76. The only suggestion to PWs 2, 3 and 4 is that they could not recognise...... 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 being wanton disregard of good and unblemished evidence given by other witnesses who got no grudge or enmity whatever with the accu...... 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 being wanton ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.....300 (old) Road No.25, Dhanmondi Residential Area Dhaka from the list of abandoned property should not be declared to have been made without any lawful authority and are of no legal effect. 2. The facts giving rise to this Rule are: Mr. PBA Selim was the original owner of the house namely Hold......tion) Present: AM Mahmudur Rahman J Mainur Reza Chowdhury J Farida Aziz....................Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgm......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...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....turbed by the pre-emption sought. The view taken in the 14 DLR case was dissented from and that taken in 13 DLR case relied upon. 7. Mr. Gafur has tried to make out some distinction between the facts of this case (19 DLR) and those of the instant one. In the 19 DLR case the pre-emptor was foun......) 78. ......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. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Kazi Mobarak Ali .............................................Appellant Vs. Mohammad Yeasin Mazumder and others................Respondent Judgment August 29, 1990. Result: The ap......(V of 1908), Order VII Rule 11 Whether plaint can be rejected when question of jurisdiction of the Village Court was raised in the plaint without determining the truths of allegations by taking evidence On the face of the allegation in the plaint that the plaintiffs respondents did not n..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....he same and set aside the order of winding up as already noticed. 11. Leave was granted to consider whether the appeal against the winding up order was allowed upon a correct appreciation of the facts and principles of law relating to such proceeding. 12. Mr. M Nurullah, learned counsel fo...... (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Agrani Bank .............................................Appellant Vs. Bangladesh Tyres Ltd and others..............Respondents Judgment August 29, 1990. Result: The appeal......‑ in‑opposition of the Company. It reiterated its claim as made in the application. It denied the claim of the Company of Tk. 30, 00,000.00 stating that it was an imaginary claim and there was no evidence to show the alleged liability of the Bank to the Company. It was further stated that they c..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. ......resent: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J A Gafur alias Haji Abdul Gafur & others.................Appellants Vs. Jogesh Chandra Roy and another.............................Respondents Judgment August 27, 1990. ...... various charges of rioting, hurt, wrongful confinement, etc. Their defence was that no occurrence, as alleged, took place but they were falsely implicated out of enmity. 3. On consideration of evidence including medical evidence the learned Additional District Magistrate, by his order dated 1..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
.... 4 of Order XLI do not nullify the provisions of rules 3 and 4 of Order XXII and they do not prevent an appeal from abatement if it otherwise stands abated. Rule 4 was found to be inapplicable in the facts of that case but then in order to determine the question of the abatement of the appeal as a w......n: 43 DLR (AD) (1991) 156. ......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. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....ials. Though no express provision of law requires trial of cross-cases by the same court practice and experience of over a century dictate such trial for arriving at correct determination of disputed facts. This is all the more necessary to save the accused from being prejudiced in their defence&hel......an & others .......................Accused Respondents Judgment August 21, 1990. Result: The appeal is allowed. It is a well settled principle of criminal trial that case and counter-case over the self-same occurrence are to be tried by the same court in accordance with ......of counter-cases by the same court is founded on a sound principle of criminal trials, Trial of cross-cases which arise from the same incident, by the same court to enable it to better appreciate the evidence and circumstances which are described by parties in conflicting manner. By such trial the C..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....acted from the statement he made earlier." It is not clear whether this observation was the basis for the inference that the accused retracted his confession. 10. In any case, in the facts of the case that confession cannot be ignored. The occurrence took place at 11.30 PM on 15.10.......cquittal when there is his clear confession admitting his guilt Statements elicited from a witness in cross examination, the most effective of all means ever invented for the discovery of truth and exposing falsehood, are a part, a very important part, of evidence before Court. Before drawing ...........................Respondent Judgment August 20, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 137 Whether contradiction in the evidence of prosecution witnesses entitles the accused to an order of acquittal when there is his cl..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)
....on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......naging Director, Bangladesh Machine Tools Factory Ltd………………………………Petitioner Vs Chairman, 2nd Labour Court and another……………...Respondents Judgment August 1...... the demands and affairs of the labourers. The High Court Division rightly held that the findings of fact made by the Labour Court could not be upset in the writ jurisdiction. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
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. ......bdul Mannan, Assistant Attorney General with JK Paul, Advocate‑ For the State. Criminal Appeal No. 210 of 1989. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and order of conviction and sentence passed by Mr. Md. Abdul Hannan, Assistant Sessions Judge and Sp......Narayan Chandra and the deposition of PW 4 Md. Akhteruzzaman and PW 5 AM Shakhawat Hossain is that the accused is a rickshaw puller. 6. The learned Assistant Sessions Judge on consideration of the evidence and materials on record, found the accused guilty of the charge under sections 372/511 BPC ..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)
....ement, attention must be paid to the source whence the property was obtained, the purpose for which it was acquired, and the mode in which it has been dealt with". 11. Corning now to the facts of the case, the plaintiff stated in the plaint, "for the interest and benefit of both of......1991) 121 ...... The plaintiff made positive statements in the plaint that the schedule properties were purchased "for the interest and benefit" of both the partners and not for the firm itself. He led evidence to that effect. It is too late in the day to assert that because of the acquisition of the ..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. ......ent August 14, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 241A "Groundless" appearing in both the sections 241A and former section 253 means that the materials produced before the Magistrate against the accused a......fficient that no useful purpose would be served by framing a charge against the accused- alibi - mere submission of some papers in support of alibi is not sufficient. The papers should be produced in evidence by witness who must face cross examination on the papers produced. Lawyers Involved: ..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....ent August 13, 1990. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order I Rule 10 Whether the appellants are not necessary parties in the facts of the present case. The High Court Division found that appellant Nos. 1 and 2 have not ......ourt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J Golam Kader being dead his heirs; Nurun Nahar Begum and others..................... Added-Defendant-Appellants Vs. Abdul Khaleque Choukder an......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. ......riminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J State................................... Appellant Vs. Abdus Sattar and others..........Accused-Respondents Judgment August 9, 1990. Result: The i...... 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 High Court ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
....or a long time, when they made some suggestions for improvement in the Duty Free shop of the Corporation. Though in their writ petitions the respondents made a general allegation of' malafide, no facts and materials were produced to make out a case of malafide exercise of power to terminate. The......p; others..................Respondents (In Civil Appeal No. 33 of 1990) Mosharraf Hossain Khan & others.........................Respondents (In Civil Appeal No. 34 of 1990) Momtaz Begum and others .................................Respondents (In Civil Appeal No. 35 of 1990) Sorhab...... 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)
....ng evidence and a trial of this basic issue in the same suit appears to be the appropriate remedy. The High Court Division having properly exercised its judicial discretion in the matter on the facts of the present case, the same suffers from no illegality. In the result, the appeal is d...... ......llegedly done to the deceased plaintiff - It will not change the nature and character of the suit at all, nor will it widen the suit and impose upon these appellants any additional burden of adducing evidence on unrelated matters. The addition of parties is corollary to the amendment sought for. It ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
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