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Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......ment and order dated 10th November, 1988 passed by the High Court Division, Dhaka in Civil Revision No. 324 of 1988.) Judgment ATM Afzal J.- This appeal by the defendants following leave is from Judgment and Order dated 10 November, 1988 passed by a Division Bench of the High Court Divisio......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......under section 5(1)(a) and 5(3) of the Requisition Act were not served on the plaintiffs and as such there was no valid acquisition of the disputed property." 28. We have carefully considered the source material, i.e. the entire ordersheet Ext. 1 (pages 2-9 of the Supplementary Paper Book filed ..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....doubt that they in fact witnessed the occurrence and were in a position to identify the offenders, the further question arises as to whether they can be relied upon for convicting the accused without corroboration. The presence of witnesses at the place of occurrence does not seem to be anything unu....................………………..Respondent Judgment March 20, 1989. The Code of Criminal Procedure, 1898 (V of 1898), sections 417, 418 & 423 The High Court Division made no departure from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in pointing ......owever, filed papers of that case as a part of his statement under s.342 Cr.P.C. It is clear that the persons who came to depose against the accused are all interested witnesses and none of them is independent having no grudge with the accused. Even those among them who deposed as to what they hea...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....me steps in order to ascertain who the true owner is." 10. Mr. Sircar argued that the alleged denial of the appellant to P.W.1 the cashier, in the evening should be disbelieved because there is no corroboration to that statement of a partisan witness. There is no force at all in this submission b......ch, in Criminal Revision No. 243 of 1982). Judgment: A. T. M. Afzal J.-The accused-appellant has been convicted for an offence of theft, having denied for a while receipt of some overpayment from a Bank in encashing a bill, and, the money having been recovered from him shortly after. Leave ......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..Category: Criminal Law | Date: | Hits: 44
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......of 1988. (From the Judgment and Order dated 8 November 1988 passed by the High Court Division, Sylhet Bench in Writ Petition No. 13 of 1988). Judgment ATM Afzal J.-This appeal by leave is from Judgment and Order dated 8 November 1988 passed by the High Court Division, Sylhet Bench in Wri......rmation in the nature of quo warranto is invoked in the public interest. The latter seeks to determine the title to the office and not the validity of the election. These are two distinct and independent remedies for enforcing independent rights, and the mere fact that the disqualificati...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
.... No.2 had satisfactorily explained her failure to resume her duty after the expiry of leave and that the loss of lien imposed by the employer was illegal and mala fide, were perverse as there was no corroboration of the evidence of the complainant, and that the High Court should have set aside the ...... of Chittagong under section 23(1)(b) of the Employment of Labour (Standing Orders) Act, 1965, was challenged. 2. Respondent No.2 appears to have gone on leave for a period of 14 days with effect from 13-1-76. On the expiry of the leave she applied for its extension on the ground of illness, whe......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ...... put into possession of the property in Khulna in pursuance of the said contract. 4. The appellants Title Suit No.308 of 1955 against the Respondent 1 was for permanent injunction restraining him from making construction or letting in tenants therein. The suit was contested by Respondents. Bot......wo agreements, it appears that the agreements are something more than a simple agreement for lease. The parties adopted this device for effecting a complete exchange of their property situated in two independent countries, Mr. T. Ali has rightly pointed out that the agreement (Exhibit D) provides th...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......th Reference No.1 of 1974 and Criminal Appeal No. 663 of 1974) Judgment Fazle Munim J.- These two appeals by special leave arise out of the judgment and order of acquittal of the respondents from the charge of murder under section 302 of the Penal Code passed by a Bench of the High Court ......such neck injury and the other fatal injury deleted by the doctor who performed the post-mortem examination.” 11. The learned Judges also commented stating “the remarkable absence of a single independent witness deposing about the occurrence which admittedly happened on a ‘hat-day’ at ......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......r clause (a) of section 3(1) of the Special Powers Act, an order of detention until further orders, on the ground, that it was satisfied that the order was necessary for the purpose of preventing him from doing any prejudicial act. As required by section 8 of the Act, grounds of detention were serve...... It appears that on 22-5-74 the Government passed an order of detention under section 3(1) of the Act, but on the expiry of thirtieth day the detenu was not released, and after a gap of two days an independent detention order was passed. 21. The question is whether the detention order of the G...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....ses P.Ws. 7,8 and 11 suffered from contradictions, and should not have been relied upon and that the confession of co-accused Alo could not be used against the Appellants as it is without independent corroboration. 2. The Appellants along with two other accused were put on trial to answer a char......granted to the Appellants, to consider whether the conviction of the Appellants under section 326/34 of the Penal Code could be sustained, as the evidence of three witnesses P.Ws. 7,8 and 11 suffered from contradictions, and should not have been relied upon and that the confession of co-accused Alo ......three witnesses P.Ws. 7,8 and 11 suffered from contradictions, and should not have been relied upon and that the confession of co-accused Alo could not be used against the Appellants as it is without independent corroboration. 2. The Appellants along with two other accused were put on trial to a...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......rt decree for Tk. 1,70,000/- towards salary for the unexpired period of contract and the defendants were directed to deposit the said amount with the trial court within a period of 3(three) months from the date of the receipt of the records by the trial court in default whereof the plaintiff sha......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 82
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......the entire suit property. However the defendant No.1, though contested the suit, did not pray for any saham. The defendant No.4 (ka) to 4(Uma) and 5 to 5(ka), being purchasers of the suit property from the defendant No.1 prayed for saham to the extent of their purchases. The defendant Nos. 6, 7,......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......cree passed by the courts below. 6. In consideration of the materials on record and on going through the impugned judgment we do not find that the judgment of the High Court Division suffers from any infirmity. The submissions made on behalf of the petitioner, therefore, having no leg to ......ourt oh consideration of the evidence found the plaintiff to be in possession of the suit property and also observed that the defendant could not prove that the plaintiff had any disinterested and independent advice in respect of the execution of the deed of heba bil-ewaz and thus decreed the s......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......uit property. The plaintiff or his vendor did not recognize the petitioner as bharatia and as such the plaintiff is entitled to get khas possession of the suit land by evicting the petitioner therefrom. The plaintiff is also entitled to get mesne profits for use and occupation of the suit land. ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 71
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......b her property, that Amjad Hossain made demand of the share of the land which he would get after death of the plaintiff, that the plaintiff gave land to Amjad Hossain which he would have inherited from his mother but still then he demanded share from the land that was with the plaintiff after tr...... clearly proved that she was an illiterate lady and, as such, burden was upon the defendant, namely, the recipient of the deed, to prove that she executed and registered the same having independent advice and was fully aware about the contents of the deed following the principle of sp......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 30
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......through by the learned Magistrate; the said order is quoted below: …………………..Bangla……… 11. Taking clue therefrom, the learned Counsel submits that the way in which the learned Magistrate dealt with the matt......submits that the High Court Division also failed to appreciate the case properly and erroneously discharged the Rule, in fact, affirming the illegal orders of the courts below without applying its independent judicial mind. 14. Dr Hossain further submits that the case being referred to th......Court Division and other materials on record. 9. He submits that the High Court Division committed error in disregarding the fact that the investigating agency totally failed to find out the source of supply or origin of the supply of the grenade thrown towards Mr Kibria and others and tha..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......d order dated 30-5-2005 passed upon hearing of the aforesaid writ petitions together and disposed of accordingly, discharging the Rules without any order as to costs and directing exclusion of time from 4th January, 2005 when the respondent No. 4 was restrained from holding the election till the r......es and procedure have been provided in the Act for proportional representation, a universally accepted common mathematical mechanism to determine the proportion among the political parties, Jote or independent members representing the Parliament, adopted by other countries where the election is he......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....orative evidence in support of the aforesaid confessional statement and moreso, confessional statement of co-accused cannot be used against other co-accused for their conviction without independent corroboration and, as such, there has occasioned failure of justice. 5. Mr Ozair Farooq, lea......re is no evidence connecting any other accused appellants with the alleged offence. 6. He further submits that there being no eye-witness at all the order of conviction warrants interference from this Court. 7. Mr Golam Kibria, learned Deputy Attorney-General appearing on behalf of...... any corroborative evidence in support of the aforesaid confessional statement and moreso, confessional statement of co-accused cannot be used against other co-accused for their conviction without independent corroboration and, as such, there has occasioned failure of justice. 5. Mr Ozair......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......e Acquisition and Tenancy Act against the petitioner for preempting the case land sold in favour of the pre-emptee petitioner on 29-3-1972 staling, inter alia, that she is co-sharer by inheritance from her father Bazul Haque, one of the recorded co-sharers, and that the preemptee-petitioner is a...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......e of Abdur Rashid plaintiff did not disclose about the deed, that defendants for the first time on July 27, 1995 came to know about the deed when the plaintiff drove out the defendant No.1 forcibly from the homestead and other land of her father, that plaintiff had never approached the defendants......as not examined since he would not have supported the case of the plaintiff. Because of the quality of the evidence of witness Nos. 2-5, as stated hereinbefore, the scribe of the deed was the only independent and disinterested witness through whom the plaintiff could have established the genuine......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......ised to prepare a fresh an electoral roll of an electoral area or constituency where there has been gross error or irregularity "in or in the preparation" of said electoral roll. As seen from the provision of sub-section 6 of section 7 of the Ordinance that under the said provision an ......taining existing list with necessary additions, deletions and modifications or upon revision. It has been submitted on behalf of the appellant that the provisions in sections 7, 10 and 11 are independent and there is no scope for reading the same taking them together and there is no scope t......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
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