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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. ......if the Civil Court's jurisdiction is ousted by a law still the Court got jurisdiction to see whether the tribunal concerned, such as the Village Court, was duly and properly constituted, that is, according to the provisions of the statute, here, the Ordinance or whether the tribunal followed the......be rejected. To determine the truth of this allegation, evidence in necessary and this can be available only in the course of trial of the suit which is prima facie maintainable. Cases Referred to- Rafiqul Alam vs. Mostafa Kamal and others, 42 DLR (AD) 137, Secretary of State Vs. Mas......on of a Civil suit to question the legality or propriety of any decision of the Village Court. Sub section (3) of section 8 provides that- “Notwithstanding anything contained in any other law for the time being in force, any matter decided by a Court in accordance with the provisions of ..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. ......der the President's Order No. 27 of 1972 and placed under the Corporation, the shares and the project vested in the Government which retained that character even after the release of the same and accordingly the provisions of winding up of a Company as resorted to would not apply; that the appel......vi), 163 read with section 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 inso......e 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 for the appellant, has sub..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. ...... Division is also set aside. The order of the Appellate Court is modified and it is directed 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. ..........Respondents Judgment August 27, 1990. Result: The conviction of the appellants is set aside. The Code of Criminal Procedure, 1898 (V of 1898), Section 342 Omission to examine the accused under section 342 vitiates conviction if such omission prejudices the accused......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 learned Single Judge restored the order of conviction but reduced the sentence. Leave was g..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....directed that the said defendants be impleaded as respondents in the appeal. Murshed, CJ observed in that decision "that the provisions of Order XLI rule 20 are directed to serve the interest of justice. The primary requirement is that of dispensation of justice. It enables the Court, in approp......1946 Lahore 399 (Full Bench) while interpreting Order 41 rule 4, the learned Judges observed as follows: "Mr. Asa Ram Aggarwal, the learned counsel for the appellant, had to concede that according to the view consistently taken in this Court rule 4 of Order 41 cannot be applied where th...... at all and is not before the Appellate Court. The language of rule 4 of Order 41 of the Code creates a legal fiction in the sense that the appeal filed by some of the defendants will be treated to be an appeal on behalf of all the defendants and the benefit of the appeal may be extended in fav......ntiff or defendant is impleaded in the appeal", is not correct. He further submits that what is true for a suit is not true for an appeal and thereby lie submits that the impugned order is not a lawful one. In support of his contentions he has cited the case of Joy Kumar Datta and others Vs. Si..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
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. ......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. ......ondents 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 law one after another and the judgment is to be pro......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 law one after another and the judgment is to be pronounced in both the cases on the same date by the..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. ......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. ......gust 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 clear confession admitting his guilt Statements eli......d talked with their 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 suspecte..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. ......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. ......d in: 44 DLR (AD) (1992) 272. ......9.82. He complained to Labour Court that he was victimised for his trade union activities. The petitioner denied the allegation and contented that it was a case of simple termination of service under law without any stigma. The Labour Court, however, found that the contention of the petitioner was n..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. ......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. ...... Kashem @ Kashem…………………………..Appellant Vs. The State…………………………………………………..Respondent. Judgment August 15, 1990. Cases Referred to- 31 DLR 174, 33 DLR 203, 35 DLR 127. Lawyers Involved: MA Wahab Miah with Ashrafuddin A...... be tried by 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 A..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)
.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ....................Respondents Judgment August 14, 1990. Result: The appeal is dismissed. The Partnership Act, (IX OF 1931); Section 14 and 69(2) Whether the immovable town and country properties of Schedules 1Ka, 2, 3 and 5 of the plaint, standing jointly in the name...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ..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. ......order of discharge, which has been confirmed in revision by the High Court Division, is set 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. ......-For the Appellant. M Nowab Ali, Advocate-on-Record -For Respondent Nos. 6, 8. Sharifuddin Chaklader, Advocate-on-Record-For Respondent Nos. 1-5, 7, 71 & 12. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No.16. E......less". This order was unsuccessfully challenged before the Sessions Judge and the High Court Division in revision. Leave was granted to consider whether the order of discharge was sustainable in law. 3. Mr. Rafiqur Rahman, learned counsel for the appellant, contends that the learned Magis..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....f Title Suit No.7 of 1969. In the said application the appellants stated that they are necessary parties in the present suit and as such they should be added as defendants in the suit for the ends of justice. 3. The plaintiffs opposed the application for addition of party contending that the ap......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. ......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 made any specific averments to the effect that they are directly interested in any manner in the suit land. They are not claimin......hem to be included within the framework of the present suit. That will convert the present suit for specific performance of contract into a suit for determination of title which is not permissible in law. The appellants may file an application for analogous hearing of Title Suit No. 7 of 1969 with t..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....n the process of reasoning of the High Court Division in arriving at its findings and there has been manifest disregard of the accepted principles of appreciation of evidence occasioning a failure of justice Appellate Division can arrive at its own conclusion after reviewing the entire evidence and ...... and ldris left the boat on the west bank of Jainkathi Katakhali Khal and started for home towards the south. Emdad and Abdul Hakim left the boat on the cast bank of the khal. It was about Asar time, according to the witness. P.W.2 and P.W.3 heard a hue and cry coming from the cast bank of the khal ......tion of evidence occasioning a failure of justice Appellate Division can arrive at its own conclusion after reviewing the entire evidence and can reverse the order of acquittal and convert the same into an order of conviction agreeing with the trial court. Case Referred to- Noora Vs. Sta......ot;accordingly we cannot place any reliance on the statement of PWs. 4 and 5. It is well-established that the FIR can be used only to corroborate or contradict the maker thereof. There is neither any law nor any principle on the basis of which the testimony of another witness can be ignored or rejec..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
.... even when passed and entered may be amended by the Court to carry out the intention and express the meaning of the Court of the time when the order was made, provided the amendment be made without injustice or on terms which preclude injustice." 5. Therefore, it will be seen that the que......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. ......f-Respondent Judgment August 8, 1990. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order IX, Rule 9 Whether there is any necessity to condone the delay when defendant was prevented from information about the date of hearing due to ......ohammad & another, 21 DLR (SC) 382 where it has been held that where a litigant is kept in dark about the fate of his case, it is wrong to say that for a remedial action against it as provided by law, time would start to run against him from the date of the order and not from the date when he co..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
....f the law the Court cannot nullify it on the ground that it is harsh or cruel. However there is no such requirement in the Rules to assign reasons for termination. Similarly, the principle of natural justice by serving a show cause notice is also not applicable in this case as this principle has bee...... 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. ...... August 8, 1990. Result: All the appeals are allowed. Bangladesh Parjatan Corporation Service Rules, 1980; Rule 41 sub‑rule (2) Clause (iv) Whether any reason was required to be assigned for termination of the services of the respondents, who were employees of the Banglad......oration to assign any reason or to serve any show‑cause notice, for termination of an officer/employee. This provision for termination is undoubtedly a harsh provision. But a Court cannot declare a law invalid on the ground that it is harsh or unjust. If the termination is found to be within ..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. ......and the learned judges of the High Court Division, by the impugned-order dated 1 August 1984, accepted this contention of the respondents, held that section 167(5) (7) was applicable to this case and accordingly quashed the entire proceeding against the respondents i.e. GR Case No. 46 of 1982. Leave......sis of which the police submitted charge‑sheet against the accused respondents, is hit by sub‑section (7) of section 167 of the Code of Criminal Procedure and consequently, they are entitled to be released. The provision in clause (d) of section 35 of the Ordinance is not intended to ......was applicable to this case and accordingly quashed the entire proceeding against the respondents i.e. GR Case No. 46 of 1982. Leave was granted by us to consider whether this decision was correct in law. 3. The provision for specifying a time within which an investigation by the Police is to ..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
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. ......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. ...........Respondent Judgment August 1, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Sections 290 & 31 (4) Power of the court to pass higher sentences An Assistant Sessions Judge under the proviso to sub‑section (3) of......he Assistant Sessions Judge dated 29.1.99. 9. The, appellants' appeal in Criminal Appeal No. 49 (3) of 1985 is remanded to the Court of Sessions Judge, Bhola for disposal in accordance with law. 10. The Sessions Judge may himself dispose of the appeal or transfer it to the Court of a..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. ......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. ...... and others ............Respondent 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......ectly found that the appellants are guilty of contempt of Court. 9. Mr. Bhuiyan next contends that the conviction and sentence of the appellants without lacking evidence is also not warranted by law. This observation of the learned Advocate is wholly untenable because power of a High Court to i..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....e then, they have been continuously possessing the same as admitted by the plaintiff. The present application was filed in 1982 after about 16 years from the date of sale. In such a situation ends of justice demands not to interfere in such a case at such a belated stage.
Mr. TH Khan, the learned......suit is dismissed on contest against the defendant 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.
...... as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......icipality and also with the Government Tahsil office and paid the municipal tax and Government rent. While the said owner Motilal was in exclusive physical possession of holding No. 6 Machua Bazar as lawful owner, he. sold 8‑1/2 decimals of land to the answering defendant by four registered kabala..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......w held that moot question in this case is as to whether the appellants committed trespass into the case land and took away tin of the informant by force and thus committed an offence. The case, according to him, depends upon the vital finding as to whether the informant was in possession of th......he appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 Whether an appellate court can order retrial of a criminal case when evidence on record are sufficient to decide the appeal only to give an opportunity to adduce further evidence to fill up its lacuna ......puty Attorney-General, appearing on behalf of the State, submits that the State has no objection if the case is sent back to the Appellate Court below for re‑hearing and disposal in accordance with law. 9. The summary of the Appellate Court's findings, as presented by Mr Amirul Islam, le..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ...... 1986 and a Learned Single Judge of the High Court Division, Sylhet Session by his judgment and other dated 14.5.87 remanded the suit to the Trial Court for a fresh decision on the evidence on record according to law and in the light of observations made in the judgment. 7. Leave was granted f......(1991) 78. ......ically raised 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..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
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