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Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......s by an expert. Before the Trial Court there was no admitted Signature of thumb impression of Profulla Chandra for comparing the thumb impression or signature in the deed in question. This is a case for eviction and not one for determination of title between the two competing parties. Profulla......e is also Reported in: 43 DLR (AD) (1991) 122. ..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ...... in refusing the prayer for bail and at the same time directing the appellants to surrender after 29.1.89 and file a separate application for bail before the High Court Division. In the present case, the offence is under Section 323 of the Penal Code which is a bail able one and the sentence i...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......, 14, 15, 16, 17, 18 and 19 of the application and he also made a prayer for winding up the company. Respondent Nos. 13 has also sworn an affidavit‑in‑opposition on 30.5.90. He also supported the case of the present petitioner in toto and also prayed for winding up the company. Respondent No. 11...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......Respondents Judgment December 12, 1990. Result: The appeal is allowed. The Evidence Act, 1872 (I of 1872), Section 3 Circumstantial evidence In a wife‑killing case, from its very nature, there could be no eye‑witness of the occurrence, apart from the inmate......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ......ttracting 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 of any princ......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......ift of 6 pies share, confirmation of possession or recovery of possession if dispossessed during the pendency of the suit and for permanent injunction. 3. There are some admitted aspects of the case. The suit land, along with other lands, belonged to two brothers Abdul Hashim and Abdul Jabbar,...... Result: The appeal 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..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. ......ss cannot be attributed to any negligence and misconduct of the Railway servant and its agent dealing with the said parcel and as such the Railway is not liable to pay for the loss. Defendants’ case is that, they took proper care in carrying the goods in transit as bailee and there being no gr......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. ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......cused-respondents, who, along with another, had been convicted by the Additional Sessions Judge, Pabna, under sections 302/34 Penal Code and sentenced to transportation for life. 2. Prosecution case arises from an incident in which Mofizuddin (deceased) Chairman of Majpara Union Parishad; PS A......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ..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. ......le only on the ground that the son of defendant No. 1 being heir of judgment‑debtor contested the suit and as such it must be presumed that the son of defendant No. 1 had knowledge of the execution case when he himself was a party in the execution proceeding. The High Court Division failed to cons...... Title Suit No.144 of 1959 and thereafter they filed Title execution Case No.3 of 1962 for realisation of costs of the decree. After suppressing all processes in the Title Execution case they got the land in dispute auction purchased at a very shockingly low price without the knowledge of the appell..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.......Mahmudur Rahman J.- This Rule Nisi has been issued under Article 102 of our Constitution calling upon the respondents to show cause as to why the judgment and order of the Court of Settlement made in case No.230 of 1987 refusing to exclude the building, being the Holding No.300 (old) Road No.25, Dha...... this Rule are: Mr. PBA Selim was the original owner of the house namely Holding No.300 (old), Road No. 25 Dhanmondi Residential Area, Dhaka which he constructed after obtaining lease of a plot of land from the Government under a registered deed of lease dated 26.6.57. Mr. Selim while serving in ..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. ......bserved that pre-emption under section 96 of the State Acquisition and Tenancy Act is to be allowed holding-wise and that so long 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, h...... pre-empt them all. 2. This arises from Misc. Case No.159 of 1965 in the 2nd Court of Munsif, Satkania. It was filed by the pre-emptor-respondent claiming pre-emption of 4 out of 5 schedules of land transferred to the appellants under a registered kabala dated 30 September 1965 by his co‑sha..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. ......The Village Court was apparently constituted with the required five members including two representatives of each of the two parties and the Chairman. The respondents had, however, contented that the case against them was a mere counter-blast to a criminal proceeding under section 144 Cr.P.C filed b...... had, however, contented that the case against them was a mere counter-blast to a criminal proceeding under section 144 Cr.P.C filed by them against the complainant (appellant) in respect of the same land in which they claimed title and possession. The Village Court, by a unanimous decision dated 16..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. ...... title deeds of land measuring 13 bighas in Kashimpur mouza were deposited with Agrani Bank, Local Office, Motijheel as collateral security against the loan given to the Company. It was their further case that the present value of the said 13 bighas of land would be Tk. 45 lacs approximately. 6...... pledge, and there is no possible chance of a profit being made or its business carried out. Cases Referred to- The Punjab Flying Club Limited AIR (1933) Lah, 301; Halsbury's Laws of England Vol. V. Page 397; Haven Cold Mining Co. (1982) 20 Ch. D 151 & Re, Taldua Rubber Co. Ltd. (1..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. ......ence by the prosecution, under s. 342 is not curable by s. 537, since that omission vitiates the trial. Mr. KZ Alam, however, agrees that for the omission to examine the accused under s 342 the whole case need not be re‑opened so as to start from the stage of framing of charges. He submits that re......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. ..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. ...... 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. Sitanath Datta reported in 4 DLR 400. 8. From the tenor ......ate Judge, Dhaka against the appellants, who are defendant Nos.1 and 3‑6, Afroza Begum (defendant No.2) and the Government (defendant No.7) for specific performance of contract for sale of the suit land. The plaintiff alleged that defendant Nos.1‑6 as heirs of late Md. Hossain Bhuiyan inherited ..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. ...... Rahman & 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 ...... 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..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. ......must consider the statements made in chief and those made in cross by putting them in juxtaposition and see whether that witness has stood the test or supplied his own refutation- Had the prosecution case been based solely on ocular evidence the accused would have been acquitted. Since the accused a...... 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..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. ......titioner was given a termination order on 2.9.82. 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......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. ..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. ...... judgment and order of conviction and sentence passed by Mr. Md. Abdul Hannan, Assistant Sessions Judge and Special Tribunal, Narayanganj in Special Tribunal Case No. 1 of 1987. 2. The prosecution case as given by informant Mahibul Islam constable No. 605 at Tan Bazar Police out‑post is that on...... 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..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 ......operties standing exclusively in the name of defendant No.1 and movable properties were not decreed. 6. Leave was granted to consider whether there was any partnership in this case and, if so, when it was dissolved and also what are the implications after the dissolution of t......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..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
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