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The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ...... State.........................................…..Appellant Vs. Mofazzal Hossain Pramanik ..................Respondent Judgment June 27, 1990. Lawyers Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the R......Mozaffar Hossain Mondal, brother of the deceased, filed a petition of complaint before the Court of Sub divisional Magistrate, Bogra. Subsequently, on the receipt of the post-mortem report the police called the informant PW 1 and recorded the FIR on 16.10.81. 3. The defence case is that Halima Bi......ntentions taken by Mr. Ramamurthi, learned Counsel for the respondent. He contended that the Police reports referred to earlier are inadmissible in evidence as the Head Constable who covered those meetings has not been examined in the case. Those reports were marked without any objection. Hence ..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
........Respondent Judgment June 13, 1988. Civil Appeal No. 66 of 1986 The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972) Articles 5(a) and 17(1) The power of control, supervision and regulation under article 17(1) necessarily includes the power of t......rder, 1972 (P.O. No. 27 of 1972) Articles 5(a) and 17(1) The power of control, supervision and regulation under article 17(1) necessarily includes the power of transfer of an employee from one mill to another by the BJMC. In view of the Gazette Notification issued under Article 5(a) and the provis......f the High Court Division has misappreciated the decision of this Court in the case of Bangladesh Jute Mill Corporation Vs. Golam Moula Ahsan Chowdhury, 1985 BLD (AD) 187, in which this Court categorically expressed the view that the CorÂporation got powers not only to transfer an employÂee of one......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....ure and proper appraisal of the trial court judgment refused to interfere with the order of acquittal. 9. The High Court Division made three propoÂsitions in defining the area for exercise of its power and authority under section 439 Cr.P.C. The relevant portion of the judgment reads thus; "It i...... No. 36 of 1984 The Code of Criminal Procedure (V of 1898) Section 439 In deciding a revision against acquittal the court of revision can legitimately examine whether correct principles relating to appraisal of evidence has been fallowed or not, whether some material piece of evidence has been ......nt he gave a detailed account of the assault made upon him by the respondents. At about the same time the Office-in-Charge, Islampur P.S. Sk. Abdur Rahman (P.W.14) who came to the Dispensary on being called by the doctor recorded another statement of Shamser Ali Amin which was treated as F.I.R. The ......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 ..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....on the charge of murder. In the present case, however, there was an express order of acquittal under section 302. 14. Section 417 Cr. P.C. provides for appeal against an order of acquittal and the powers of the Appellate Court in such an appeal are given in secÂtion 423(1)(a). Admittedly there w......17 and 423 The process of altering a finding in an appeal from conviction must operate only within the limits prescribed under sections 236, 237 and 238 Cr.P.C. and this process of alteration must stop whenever it comes up against a finding of acquittal and a finding of acquittal can be converted ....... In the Case of Lakhan Mahato and others Vs. State of Bihar AIR 1966 S.C. 1742, the material facts arc that in a murder trial of several acÂcused, Lakhan Mahato, one of the accused, who was specifically charged under section 3021.P.C. was acÂquitted of that offence but was convicted under secÂt......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 ..Category: Criminal Law | Date: | Hits: 55
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....side as not being permitted by law. 4. Mr. Abdul Wadud Bhuiyan, learned AdditionÂal Attorney-General who appeared to oppose the apÂpeal, has submitted that in appropriate cases the court has got power, and in fact has exercised power, granting bail on some reasonable condition. He has submitted......n…………………………(4 & 5) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellant. A. W. Bhuiyan, Additional Attorney-General, inÂstructed by A. W. Mallik, Advocate-on-Record, — For the Respondent. Crimina......ill conÂtinue on the bail and realisation of the fine will reÂmain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......ill conÂtinue on the bail and realisation of the fine will reÂmain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ..Category: Criminal Law | Date: | Hits: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....o the application for review of the said order was raised, inter alia, on the ground of limitation. The learned Single Judge observed that when a fraud is committed on a Court, the Court has inherent power to set it right and no order obtained by practising fraud on the court and on the parties shou......1908 (V of 1908) Order XXI, rule 90 The merit of the case could not be considered before deciding the question of limitation. The applications being clearly time-barred, the courts were not obliged to consider the case on merit whether there were irregularities in conducting the sales and the hold......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....r structure taking permission of the Executing Court……………(2) To ascertain value of the part of the judgment-debtor's building so as to compensate him at plaintiffs' cost falls outside the power of the Executing Court and as such the order appointing an Advocate Commissioner has been righ......na Khanam, DefenÂdant No. 4..................Petitioner Vs. Begum Nurun Nahar and ors.............................Respondents Judgment April 1, 1987. Civil Petition for Special Leave to Appeal No. 302 of 1986 The Code of Civil Procedure (V of 1908), Order XXI In a decree of pa......ate Commissioner has been rightÂly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ate Commissioner has been rightÂly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....al Appeal No. 26 of 1984 Judgment Shahabuddin Ahmed J. - The question inÂvolved in this appeal by special leave is of consideraÂble public importance. It is whether the Sessions Judge has got power under s. 439A, Criminal ProceÂdure Code or under any other provision of the Code to direct a ......he 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 the Sessions Judge was to direct further enquiry under section 436 Cr. P.C..………………(7) Lawyers Involved: ......e as a Court of Session. 6. The Sessions Judge and, for that purpose, the District Magistrate, Chief Metropolitan MagisÂtrate and the High Court Division, got power under section 435 Cr. P.C. to call for the record of any case pending before any Magistrate and direct the Magistrate under sectio......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. ..Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....ight of occurrence and while accused Nazrul Islam and Manik held the head of the deceased, the appellants killed him by firing two gun shots, it was observed that the evidence was too consistent, overpowering and straightforward to be dismissed only on the ground of admitted enmity between the two s...... Vs. The State………………………...Respondents Judgment April 20, 1988. Criminal Appeal No. 6 of 1986 The Evidence Act, 1872 (I of 1872), section 137 If the defence wanted to show that such a statement was not made before the Investigating Officer it must be put to the wi......amed his assailants including the present appellants to the people present there. AsaÂnuddin Mondal (P.W.7) wrote down the dying declaration which was signed by witnesses. Wazed Ali went to Rupsi to call for a doctor but no sooner had he returned home than his father died. On the followÂing day i.......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 ..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....islature". Section 195 (1)(c) purposely puts a restriction on the general jurisdiction of a Criminal Court to take cognizance of an offence at the instance of any person under S.190 Crl.P.C. and it empowers a particular court to make complaint for an offence committed by a party to a proceeding in t...... (V of 1898), sections 193 (1) (c), 476, 561A and 195(1) (c) If the language of the statute is capable of two or more constructions or if the literal. Construction results in contradiction or leads to absurdity, which could not have been the intention of the Legislature, then the rule of literal c......ing. It is immaterial that the offence has been committed by the party before the proceedÂings are taken and the bar contained in section 195(1) (c) will apply if at the time when the court is called upon to take cognizance of a complaint, the accused is a party to a proceeding in a court i......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....ve come into existence after the decree appealed against; consequently, the appellate court is compeÂtent to take into account legislative changes since the decision in appeal was given and that its powers are not confined only to see whether the lower courts' decision was correct according to law ......nts were not drawn the Rules of 1984. As such the provision of discharge cannot be applied therein. These proceedings were drawn under the Rules of 1976 and were pending when the Rules of 1984 came into force. In the provisions for automatic disposal under the Rules of 1984 the qualifying clause "as......) In case of failure of the authority to take final decision in a case under this rule withÂin one hundred and fifty working days from the date of communicating the charge, the accused shall automatically be discharged of the charge brought against him and in such event, the person or persons respo......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....l has expired, and all appeals have been disposed of, and Whereas the event necessary in the case unÂder section 19 of the aforesaid Act have occurred. Now, therefore, in exercise of the power conferred by section 20 of the Indian Forest Act, 1927 (XVI of 1927), the Governor in Counci......cannot be held that the matter ended with passing of the decree in the disposed of suit as because appeal is continuation of the proceeding, unless finally determined. The plaintiff-respondents title to the suit land cannot be declared unless section 3 of the Ordinance and the Notification mentioned......visions of section 4(2) of the Ordinance No.XXXIII of 1982. They are: "4. Abatement of legal proceedings.- (1) The Constitution of Reserved Forest as is reÂferred to in section 3 shall not be called in question on any ground whatsoever before any Court. (2) All suits, appeals, petitions......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
.... been given under Article 102(2) (a) Clause-(I), inasmuch as, it could not be argued that the learned Sessions Judge was not permitted by law to do what he did. The learned Sessions Judge was givÂen power under section 439A Cr.P.C. 10. Next, could the appellant invoke clause (ii) "declaring that......aying that the appellant had another remedy e.g. by instituting a suit in the competent court, the writ petition was inappropriate. The appeal is dismissed……………..(6,7 & 13) Cases Referred to- Shahjahan Sheikh and others Vs. The Sessions Judge, Pirojpur (Criminal Appeal Nos. 48 and 49 ......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....r the quesÂtion whether the trial Court which, having been satisfied that the summons was duly served upon the defendant recorded a finding to this effect and passed the decree, has, thereafter, got power to go against its own finding and set aside the ex-parte decree when the defendant did not app.......................Respondent Judgment August 16, 1987. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on the plaintiff. In this case this ......erification or declaration that he had served the sumÂmons, but when he made a declaration to this effect then his examination as a witness is not mandatory, although the court may at its discretion call him as a witness. This question as to examination of the proÂcess - server when the summons is......trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....y the plaintiff-respondent Mills, this could not, for reasons stated above, be granted, because directions for payment of rent as made therein are intra vires the provisions of law. Government has no power to grant exemption from payment of rent in respect of lands mentioned in secÂtion 22 of the A......y Act, 1950 [XXVIII of 1951], Sections 19(1), 22 & 50 WORDS, PHRASES AND EXPRESSION ‘Lakhiraj’ lands which existed in the Mughal period and continued through the British Rule extending upto the enactment of the State Acquisition and Tenancy Act ceased to exist. In section 22 of the Act ...... 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 ...... 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
....ant' license were there in the report, notes and recommendations made by the officers with whom the Minister only agreed. The question, there-fore arises, is it imperative that the person/authority empowered to take action must himself or itself record the reasons for cancellation and finding as to ......espondents
Judgment
July 29, 1987.
Result:
The appeal is allowed.
The Arms Act, 1898 (XI of 1878), Sections 16 & 18
In the facts of the case we think it was absolutely necessary to hold the inquiry with notice to and in the presence of the appellant. At the very least he ought ......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....ity of being heard to the elected commissioners. They must have an opportunity before an action is taken. Section 133 contemplates an enquiry and sub-section (2) the enquiry officer shall have the powers of the Court under the Code of Civil Procedure 1908 to take evidence and to compel the attend...... for his removal which is authorised by law. But certainly the Paurashava a corporate body which is elected by direct adult franchise cannot be superseded without giving an opportunity of being heard to the elected commissioners. They must have an opportunity before an action is taken. Section 133 c......ase to hold their office. In this case the Government acted under clause (b), namely, the Pourshava is unable to administer its affairs or meet its financial obligations. The respondents have categorically stated that the special enquiry committee did not make any enquiry worth the name. This was th......7). SecÂtion 13 provides that the Chairman or an elected commissioner shall render himself liable to removal from his office if he without reasonable excuse, abÂsents himself from three consecutive meetings of the Paurashava (b) he is convicted for any offence relatÂing to corruption, criminal mi..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......others............................Respondents Judgment November 2, 1987. Result: The appeal is allowed. The Partition Act, 1893 (IV of 1893), section 4 The purpose of section 4 is to see that a transferee out sider does not force his way into a dwelling house in which other membe......DiÂvision made the rule absolute and remanded the suit to the trial court with the following direction: "That he shall appoint a suitable pleader commissioner at the cost of the plaintiff lo physically visit the suit land and ascertain the actual quantum of land covered by the dwelling house and......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... Judgment June 24, 1987. The Penal Code (XLV of 1860) Sections 302/34, Section 34 Sections 34 and 109 In the absence of proper and clear evidence given by P.Ws. 9 and 11, it is difficult to infer that appellants 2-4 wanted that Nanda Lal should be killed and at their behest Amar struck ......ar Thakur and Profulla Kumar Thakur and Nanda Lal died on the spot. This occurrence took place unÂder somewhat fortuitous circumstances. It was festiÂval night, apparently of the local Hindus- they call it "Garshi festival"; some boys of the village includÂing Amalendu Biswas (P.W. 9) and Bishnup...... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......Sarker being dead his heirs: Fazlul Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the pe......l was granted to consider (i) whether the question of reasonableness of a customary right should be decided on the condition prevailing at the inception of such right or at the time when the Court is called upon to decide the matte; and (ii) whether the decision reported in 7 DLR 464 has been correc......s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
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