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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. ......t Vs. Yakub Sardar & others..............Respondents Judgment May 9, 1988. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 436, 439 and 439A That the police have submitted charge-sheet cannot be a ground for dismissing the compla...... April 1980 when he examÂined the complainant on solemn affirmation under section 200 Cr P.C. The Magistrate, however, withÂout issuing any process against the accused under section 204, thought it proper to have the matter enÂquired under section 202 Cr. P.C. After the MagisÂtrate has issued pr......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
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
.... offences committed by a party to a proÂceeding in that Court, the commission of which has a reasonably close nexus with the proceedÂings in that Court so that it can without emÂbarking upon a completely independent and fresh inquiry, satisfactorily consider by reference prinÂcipally to ...... The state & anr…...................Respondents Judgment April 10, 1988. Criminal Appeal No. 4 of 1987 The Code of Criminal Procedure, 1898 (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 li...... such offences are committed in pursuance of a crimiÂnal conspiracy spread over a long period of time. A document may be forged for the purpose of producÂing it in court to support, say, title to a property. For various reasons a proceeding for enforcement of this claim to title under the forged d......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
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 conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ry J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir..................................Appellant Vs. The State.................e of sustaining the order of conviction. 21. Examining and analysing the oral evidence record, it has occurred to me that both the trial and the High Court Division have apparently to give due and proper consideration to the well-established principles governing appreciation of evidence in a case......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....easons stated above, the appeal is disÂmissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......n : 40 DLR (AD) (1988) 213 ......till subsisting lease-hold right and interest in the impugned fisheries should not be declared as leÂgal and lawful, or such other or further order or orders passed as to this Court may seem fit and proper." 3. At the same time the learned Judges stayed the operation of the impugned leasing of t......easons stated above, the appeal is disÂmissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..Category: Property Law | Date: | Hits: 45
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is disÂmissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ...... This Case is also Reported in : 40 DLR (AD) (1988) 200 ......34"; the High Court Division set aside his conviction under sections 436/34 and maintained his conviction and sentence "under sections 302 and 148 of the Penal Code". The senÂtence is apparently not proper, as it is not stated whether any separate sentence was passed under secÂtion 148 of the Pena......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is disÂmissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..Category: Criminal Law | Date: | Hits: 67
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 ...... K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 25, 1986. The State Acquisition and Tena...... 1894. Ref: - His Memo. No. 52/60-1660-C dated 22.2.60. The undersigned is directed to say that lands acÂquired both under the Land Acquisition Act, 1899 and the E.B (Emergency) Requisition of property of property Act, 1948 for Companies firms and InÂdustrial concerns had hitherto been made ...... 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
....axim audi alteram partem. the authorities in the present case at all stages failed to adopt the elementary and essential principles of fairness by proceeding against the appellant keeping, himself in complete darkness and then presenting him with a fait accompli. The Government order (cancelling the......ahman J
ATM Afzal J
Sk. Ali Ahmed.....................................................Appellant
Vs.
The Secretary Ministry of Home Affairs, Govt. of the People's Republic of BanÂgladesh and others.. .................................Respondents
Judgment
July 29, 1987.
Result:
...... proceedings by whomsoever held, whether judicial or administrative, the principles of natural justice have to be obÂserved if the proceedings might result in consequencÂes affecting "the person or property or other right of the parties concerned." This rule applies even though there may be no pos......€˜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
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......udgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the parties, their lawyers and the presiding officers throughout the day with intensive scrutiny. The parties confronted with a......ment was delivered by the Election Tribunal, Chakaria on 23.12.85. 6. As to the allegation of illegality/irregularity in the conduct of the election the Tribunal found that they were not proved by proper evidence and the issue was answered in the negative. On the basis of reÂcounting of ballots ......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural DevelÂopment and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal &am......done by the Pourashava the Government by order dated 23.9.86 upgraded RangÂpur Pourashava to Class I from Class-II. 5. An enquiry committee was set up by the Government on 10.7.87 to enquire into proper use of fund allotted for development of Rangpur Pourashava during the period of 1984-85 and 1......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
.... sell to the former the portion of the dwelling-house purchased by the latter. As was pointed out in Boto Krishna Gose v. Akshoy Kumar ghose (54 C.W.N. 660) so long as the dwelling house has not been completely alienatÂed to a stranger the actual position is that it is still an undivided family hou......e the purpose of the law is to keep away the transferee purchaser from entering into the dwelling house of undivided Hindu family……………………(8 & 11) Cases Referred to- Subal Chandra Modak V. Gostha Behari Das, 60 CWN 829; Boto Krishna Gose v. Akshoy Kumar ghose (54 C.W.N 660)......l by special leave is directed against the judgment of the High Court Division, Rangpur Bench, in CivÂil Revision No. 1750 of 1981. 2. Plaintiff-appellant filed a suit for partition of the ejmali properties with a prayer for purchasing the share of the stranger purchaser, defendants, in the ejÂ......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. ................Appellant vs. The State............................................Respondents 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 i...... The State............................................Respondents 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 want...... 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
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......the accused himself in his confession gave detail of the story even though it is not in the FIR. The two witnesses being disinterested persons, they have no animus against the appellant or his family and as such there is no reason to disbelieve their testimony as to the recovery of the dead body by ...... husband is to be viewed by some other standard while considering the offence of murder but as in all other cases the circumstances attending the crime have to be taken notice of for inÂflicting the proper punishment prescribed under the law. 21. The appellant does not seem to be a hardened crim......onment for life. In the result, therefore, the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......ellate Division (Civil) Present: Badrul Haider ChowdÂhury J Shahabuddin Ahmed J M.H. Rahman J Karatala Lakshmi Bihar reÂpresented by Dharmadarshi Bikshu being dead Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors.......... Kumari Barua and two daughters namely Tripura and Promilla. On Lakshmi's death his widow Kumari got life interest. Kumari died leaving daughters Tripura and Pramila who also got life interest in the property. On Tripura's death her interest devolved upon her sister PramiÂla for life time. Pramila ......inÂgle Judge observed: “As a matter of fact, both the parties agreed that the Dayabhaga School of Hindu Law would govern the succession in the present case." Civil litigation is an adjudication of dispute beÂtween the litigants and the decree is given on the pleadings. Decree is ..Category: Property Law | Date: | Hits: 32
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....dered his Pakistani passport and applied for British passport on 28.2.72. This date is crucial because on that date P.O. 16 of 1972 was promulgated. We shall revert to this point at a later stage. To complete narration of facts, he obtained British Passport on 14.4.72 and the same is valid up to 197......t of BanglaÂdesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) A...... 2(s)(i) and 3 The Bangladesh Citizenship (Temporary Provisions) Order, 1972 (P. O. No.149 of 1972) Articles 2, 2A, 2B (2) and 3 The impugned order was issued under P.O. 16 of 1972 treating the property of therespondent as abandoned property. The High Court Division while entertaining the cont......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....ort of their case, Court should have inÂtervened, either in appeal or revision, having regard to the nature of the suit, to allow the appellants a turn for examining their witness for the purpose of complete adjudication between the co-sharers. Such intervention by the court will not only be a step......der Chowdhury J Shahabuddin AhÂmed J M. H. RahÂman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 ......d only women and minors being heirs of Hajrat Ali, brother of the plaintiff Hamed Ali. They have quite a formidable case as the documents proÂduced by them would apparently show but unfortunately of proper legal advice in not putting the box on their behalf, their case so much so that the trial cou......eir case, Court should have inÂtervened, either in appeal or revision, having regard to the nature of the suit, to allow the appellants a turn for examining their witness for the purpose of complete adjudication between the co-sharers. Such intervention by the court will not only be a step in the i..Category: Property Law | Date: | Hits: 34
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
.......Respondent (In both appeals) Judgment June 22nd 1987. The Constitution of Bangladesh, 1972 (as amended), Article 10 The constitutional obligation of the Appellate Division is to do complete justice and in doing so for the interest of justice and to clarify the factual position cor......s also Reported in: 40 DLR (AD) (1988) 86 ...... or less 1 bigha 5 katha for 99 years. The Lodge Dhaka, a Philanthropic Organization executed the Kabuliyat at an annual rental of Tk.135/-. Since then the plaintiff was in peaceful possession of the property. In December 1972 the Lodge Dhaka was renamed as the Dhaka Lodge. It seems a new society wa......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
.... a burden upon the accused to prove “the existence of circumstances bringing the case within any special exception or proviso contained in any other part of the same (Penal) Code". There has been a complete failure on the part of the defence to prove or bring on record those circumstances which wo......June 17, 1987 The Penal Code, 1860 (XLV of 1860), Section 300, Exception 4 read with the Evidence Act (I of 1872) Section 105 The Penal Code, 1860 (XLV of I860), section 300, Clauses 1, 2, and 3. The weapon used was a lethal one and the injury, grave in nature, was caused on the v......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..Category: Criminal Law | Date: | Hits: 52
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....the plaintiffs document was registered earlier in point of time the deed of the plaintiff will prevail over that of the defendant. 12. On his own showing section 47 comes into play and that is the complete answer to the contention, namely, that though the plaintiff's document is earlier in point ......n Act, 1908 (XVI of 1908) Section 47 The Transfer of Property Act, 1882 (IV of 1882) Section 53A Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975, but the defendant's document relates back......at will prevail of the plaintiff’s document and the defendant is in possession which was established on evidence. 13. It is well settled that in the case of successive transfers of the self-same property in favour of different persons by a common vendor by registered documents, the dispute as t......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....unlawful pressure or intimidation by political elements or because no proper investigation could be held or charge-sheet submitted clue to extraneous reasons. The Commission of Inquiry shall complete its inquiry and submit its reports within six months from the date it enters upon its dut......40 DLR (AD) (1988) 69 ......, the Court refused to quash the proceeding because delay by itself is not a ground for quashing the criminal proceeding. But when a case is made out that that prosecution has been launched from an improper motive only to harass the accused due to personal vendetta whether the Court should exercise'......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ...... 40 DLR (AD) (1988) 20 ......986.) Judgment: M. H. Rahman J. - Leave was granted to consider whether the trial court erred in law in issuing a Commission for inspection and for preparation of an inventory of certain suit properties without issuing any show cause notice upon the defendent-appellants. 2. Respondent No.......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..Category: Civil Law | Date: | Hits: 94
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