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Displaying 1961-1980 of 2293 results.
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......tained by "coercion and fraudulent misrepresentation" by the judgment-debtor. On the other hand, in the Lahore case as referred to by Mr. Rafiqur Rahman (AIR 1929 Lah. 121), a decree was fully satisfied and the execution proceeding having been finally disposed of its records were sent ......shall not apply to an execution proceedings. It, therefore, naturally follows that if any judgment-debtor had died during the execution proceedings, namely, Execution case No. 6 of 1976. no damage was done to the decree or its execution, On a similar question a Division Bench of the then Hi..Category: Others | Date: | Hits: 97
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......er In his testimony before the Court he stated that his daughter deceased Dilara was a student of Class X of Tabunia High School and was aged about 17/18 years. He further stated that his house was fully electrified and all the rooms and corridors of the house were electrified. In cross‑exa...... used to tease the informant's daughter deceased Hosne Ara @ Dilara and her younger sister Rousan Ara alias Mina while they used to go to school. Accused Abdul Quddus also sent a proposal for marriage with his daughter Dilara but the proposal was rejected by both Dilara and her parents. On 5.3.8..Category: Criminal Law | Date: | Hits: 58
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ...... use and occupation Ad in respect of rebuilding the suit house. 10. Section 18 of the Premises Rent Control Ordinance protects the tenant from eviction as long as he pays rent to the full extent allowable by the Ordinance. This protection, however, is not available where amongst ot......e demolition for the purpose of rebuilding. Also the plaint is silent about any sanctioning of any building plan. 13. The plaintiff‑appellant was not required to adopt the language of the statute to make out a case for rebuilding of the suit house. Whether "addition, alt..Category: Property Law | Date: | Hits: 26
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......ni's parents' house is in village Pashurbunia, 3/3‑1/2 miles away towards the south from the village of her husband, Paschim Kalikapur, both within PS Patuakhali. Co‑accused Gouranga is full brother of appellant Jatin and the other accused Bijoy, a neighbour. Jatin developed illicit ...... would have been much less. 3. Prosecution case, briefly, is that the deceased Usha Rani Sil had a married life with the appellant for about eight years. Usha Rani's parents' house is in village Pashurbunia, 3/3‑1/2 miles away towards the south from the village of her husband, Pasch..Category: Criminal Law | Date: | Hits: 51
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......Ali took Sunil as his business partner sometime in 1976 owing to paucity of fund and since then the partnership business of selling banana in the suit premises was carried on and continued with the full knowledge of the plaintiff till December 1982, when the partnership agreement came to an end. ......ocate for the opposite party that the finding of fact arrived at by the Small Cause Courts Judge cannot be interfered with the revision does not hold good inasmuch as where there has been mismanagement of the case or actual perversity in decision, the High Court will interfere under section ..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......tist in charge in the Council, a charge‑sheet dated 12th June, 1982 was served upon him alleging that he was not regular in his attendance, that while working in the Council he was holding a full time job in the National Laboratories Ltd., Abhoy Das Lane, Dhaka‑2 and receiving financ...... 7. Leave was granted to consider all the three points and, further, to examine whether the proceeding against the respondent was taken and completed in compliance with the time‑frame envisaged in the Rules of 1984 so as to make the impugned order of dismissal immune from challenge other..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ...... Mustafa Kamal J.-his appeal, by leave, from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and khas possession on declaration of title to t......i Miah alone. Ext. A (2) is a kabala dated 17th Falgoon 1323 BS in favour of Mati Miah alone for 'Kha' schedule land. The lower appellate Court also noticed that Mati Miah during his life time mortgaged property Nos. 2 and 4 of 'Ka' schedule and the property of ‘Kha' schedule to one Naba Dh..Category: Property Law | Date: | Hits: 28
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ....... 5. It has been alleged that one of the original tenants in the disputed property was one Mrs. Jahanara Begum who was the Proprietor‑ of Khohinoor Corporation. The appellant who is a full brother of the said Mrs. Jahanara Begum himself used to conduct the business there. Mrs. Jahan......ighest bid money of Tk. 84, 00,000.00 but the Ministry rejected her prayer. It has been alleged that the appellant having found no other way and in order to grab the disputed property illegally managed to bring the original owner Abdul Khaleque Bain, who is a Pakistani citizen, and got the afore..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....d Parbati Devi was the estranged wife of, the appellant, a stenographer in the Income Tax Office, Patna, that there was a fairly strong motive for murder, that the accused took charge of the murdered woman oil the evening prior to her death, that he was found traveling by train from Patna to Gaya wi......ra PS Bhanga, District Faridpur. The two respondents, aged respectively about 14 and 16 years, who were on trial along with their father Syed Mofazzal Hossain (since acquitted by the trial Court) are full brothers and close neighbours of the victim boy. 8. On 4.1.79 corresponding to 19th Poush,......e has been correctly followed in the facts and circumstances of the present case. 7. As for the facts, the prosecution case, briefly, is that the victim, Khairul Alam, a student of class III and aged about 9/10 years was the son of PW 1, Abdus Sattar Khalifa of village Noapara PS Bhanga, Distri..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......ssion, in Title Suit No. 502 of 1987 in the 2nd Court of Subordinate Judge, Dhaka. It is for them to raise the question therein as to whether CS plot No. 533 was acquired and re-plotted in part or full into industrial plot No. 170 (north), whether the said CS plot was released from acquisition a...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......s case we record our strong disapproval of the manner in which the learned Judges of the High Court Division described the prosecution cases in the two complaint cases involved. They have quoted in full the petitions of complaint in Bengali. The superior Courts of this country have a tradition of......e two complaint cases involved. They have quoted in full the petitions of complaint in Bengali. The superior Courts of this country have a tradition of narrating facts of the case in their own language, summarising them as concisely as possible. Vernacular materials are translated into the langua..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......ad no such suit been brought. The sale took place on 18.5.50 and was confirmed on 4.7.50. A patni sale does not need confirmation. It becomes final and conclusive on payment by the purchaser of the full amount of the purchase money. Hence the suit should have been filed within one year from 19.5......), alternatively under Article 120 of the First Schedule to the Limitation Act. 2. Facts necessary for the disposal of the appeal are that the suit lands are 22.82 acres of char land at Village Majichar, known as Underchar at Noakhali. Plaintiffs, thirteen in number, contended that late P..Category: Property Law | Date: | Hits: 28
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......the occurrence from the eye witnesses and saw the dead body are not very relevant for our purpose. Hence, we will consider the evidence of the eye-witnesses herein 7. PW 1 Mosharraf Hossain is the full brother of deceased Kanchan. He lodged the First Information Report. According to his testimony......lam. In cross‑examination he admitted that his brother deceased Kanchan had enmity with many people and before the occurrence several persons tried to assault him and he had many enemies in the village. He also admitted that his brother used to come late at night as he used to do village Salish. P..Category: Criminal Law | Date: | Hits: 51
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ...... 10. The last proposition as above is wholly correct and does not admit of two opinions as the language of sub-section (4) is plain and unambiguous. The second proposition is also correct but to be full it may be started in this manner that it may well be that a different view of the evidence coul...... involved measuring of lands. 3. Prosecution case is that on 30.3.70 corresponding to 16th Chaitra, 1376 B.S. Shamser Ali Amin accompanied by P.W. 5 Meheruddin and P.W.6 Fazar Ali went to village Tangrakura for measuring land of P.W.9 Sadek Ali Munshi. While returning they started from Sadek..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......o. 1 and 2 under section 148 and 324 and convicted them under section 302/34 Penal Code and sentenced each of them to transportation for life. 12. The question is: Can the High Court Division lawfully do it? This involves a consideration of the relevant provisions of section 423 Cr. P.C. which ......n must stop whenever it comes up against a finding of acquittal and a finding of acquittal can be converted into one of conviction only in an appeal under section 417. This view accords with the language of section 423……(21) Cases Referred to- Kishan Singh vs. The Emperor, 55 1.A.390, Shera..Category: Criminal Law | Date: | Hits: 55
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......ary 1983 the learned Sessions Judge did not direct further enquiry but asked the Magistrate to send the case to him so that he could try it along with the G.R. Case already pending before him knowing full-well that the accused were not yet summoned by the Magistrate, that is, no process was yet is......e Magistrate The Magistrate should have considered whether any process should have been issued in view of the evidence of the witnesses examined keeping in mind that he is not holding trial at this stage. When the complaint was dismissed in this case on an erroneous view of law, the only course for ..Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......dge refused to accept their testimony because of inconsistency with the F.I.R. and earlier statement made before the Investigating Officer. The High Court Division, however, found that P.W.4 could be fully believed and that it was difficult to brash aside the entire evidence of P.W.5 although he mig......e were not considered by the High Court Division to their great prejudice. We shall come back to them shortly after noticing briefly the facts of the case. 3. One Safil Uddin @ Joybas Ali of village Daulat Rasulpkur, P.S. Mithapukr was alleged to have been murdered by the appellants and others ..Category: Criminal Law | Date: | Hits: 32
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......t I could not persuade myself to the reasonings given in the judgment of my learned brother A.T.M. Afzal, J. 3. The fact need not be restated because in the judgment of Afzal, J. it has been given fully. The learned Sessions Judge had noticed that 2 influential groups of the locality were involve......current finding." The learned Chief Justice earlier expressed "I should not be understood to be laying down that the opinions of the Courts below, and particularly of the Courts which had the advantage of listening to the witness giving evidence and watching his demeanour, should be disregarded ..Category: Criminal Law | Date: | Hits: 61
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......cy Requisition of Property Act, 1948 in favour of the plaintiff to whom delivery of possession was made in terms of a bilateral agreement between the Government and plaintiff. Government received the full amount of compensation paid to the owner with capitalised value from the plaintiff. Since the...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ...... Nos. 2 and 3 by two registered kabalas died 193.63 and 233.63 respectively. Thereafter defendants 2 and 3 sold their interest to the plaintiffs by Kabala dated 11.2.65 and thus the plaintiffs became full owners of the suit property. In the M.R.R. Khatian No. 106 the suit land was recorded wrongly i......mad Ali, that they failed to adduce any material evidence to show that Samad All's tenancy was ever continued, that the plaintiffs created some documents in collusion with defendants 2-6 taking advantage of the entry in the khatian Ext. 3 when Samad Ali had no title and possession, that the Dakhilas..Category: Property Law | Date: | Hits: 43
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