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Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....ses and tendered 4. 6. Defence case was one of denial and false implication of the accused out of enmity. 7. The learned Additional Sessions Judge,5thCourt, Mymensingh, by judgment and order dated 15.8.81, acquitted all the accused of the charge under section 302/34 Penal Code because the D......rt and his sentence was reduced to transportation for life. 16. In the appeal by the accused before the Federal Court, reliance was placed in support of the High Court Judgment on the Full Bench decision in the Case of Bawa Singh Vs. The Crown, ILR 1942 Lahore 129. In that case it was held that..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....-Record — For the Respondent No. 16. Not Represented- For the Respondent Nos. 2-15 & 17-49. Criminal Appeal No. 3 of 1988. Judgment A.T.M. Afzal J. - This appeal by leave is from order dated 28 March, 1988 passed by the High Court Division Dhaka in revision rejecting summarily the a......onclusion of trial of case No. 5 of 1987. 9. It may be observed at the outset that there cannot be any objection in law to the two cases being heard by separate judges but it has been held in many decisions of the High Court (vide 13 D.L.R. Dhaka 414) that it is desirable that a case and a counte..Category: Criminal Law | Date: | Hits: 48
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....t Division under section 426, Criminal Procedure Code to the accused-appellant making it conditional on payment of his fine is sustainable in law. The impugned order of the High Court Division is dated 5 April 1988 made in Criminal Appeal No. 723 of 1987 (Dhaka). 2. The appellant was convicte......at the court in its discretion may grant or refuse bail and also may stay realisation of the fine. But he contends that attaching any condition to bail is not permitted by law. He has referred to a decision of the Pakistan Supreme Court in an unreported case, Criminal Appeal No.9-D of 1969, in whi..Category: Criminal Law | Date: | Hits: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....d- For the Respondent no.1. Ex-parte - For the Respondent Nos. 2—10. Civil Appeal No. 75 of 1984. Judgment: A.T.M. Afzal J.- This appeal by special leave arises from judgment and order dated 11 March, 1984 passed analogously in Civil Orders No. 61 and 62 of 1984 by a Single Judge of t......ourt cannot allow a fraud to stand. In support of his submission he has referred to the following decisions; 59 C.W.N. 1082, 11 DLR (PC) 143, 9 DLR 601 and 13 DLR 101. 10. Going through the said decisions it is found that not only the facts of the said cases are different but they also do not s..Category: Property Law | Date: | Hits: 24
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
.... of 3 years, 1392 to 1394 B.S., Government decided 10 leases out the fishery for the aforesaid period at Tk. 30, 000/- for 1392 B.S. and at 10% higher for 1393 and 1394 B.S. in its favour. The letter dated 13lh March 1985 which communicated the Government Decision is as follows: "GOVERNMENT OF......Court Division appellant Society moved this Court and obtained special leave to appeal in the following terms: "Mr. S.R. Pal, learned Counsel, appearing for the petitioner, canvassed that the decision for granting lease for 3 years by order dated 13.3.85 could not be interfered with, inasm..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... hearing of the appeal only one ground was advanced with regard to the consideration of the documents, by the appellate Court, not marked as exhibits. 7. The pre-emptor filed a registered kabala dated 13th February, 1956 (exhibit-1) which shows that he purchased a portion of the disputed plot f......The present appellants contested the case on the ground that it was not maintainable and it was barred by limitation. 4. The learned Munsif dismissed the case. The court of appeal below upheld the decision. Respondent No.1 filed a Civil Revision Application in the High Court Division being Civi..Category: Property Law | Date: | Hits: 29
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
.... time without assigning any reason whatsoever and requiring the Licensee upon such cancellation to:- (a) quite premises; (b) remove at licensee's own cost and within 15 days from the date of termination (inclusive) all structure and property of the licence used for fulfill......tion. 3. The case of the respondents is that the licencing authority cancelled the licence in terms of the contract and the licence was given to the Mukhtijoddha Sangsad in pursuance to the decision of the Government 4. The case of the Mukhtijoddha Sangsad is that its Central Command Co..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ows that the possession was delivered as early as on 21.11.61 and, as such, the suit which is required to be filed under section 36 of the Public Demands Recovery Act within one year from the date of delivery of such possession but having been filed as late as on 3.2.77 after 16 years wa......dants asserted possession of 6 acres of land. They denied title and possession of plaintiffs. 5. Suit was dismissed by the trial Court which decided the relevant issues against the plaintiffs. Its decision was affirmed by the first appellate Court which held that the suit was barred by limitation..Category: Property Law | Date: | Hits: 35
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... been paying rents and taxes for the suit land. 4. Appellant has come to learn that respondent Nos. 14 and 15 transferred '144 land from plot Nos. 874 and 875 to respondent Nos. 1 and 2 by kabalas dated 15th June 1978,16th June 1978 and 23rd September 1978. They claimed amicable possession in p......atter. Subsequently, by his order dated 19th August 1984 the learned District Judge rejected the prayer for temporary injunction and vacated the order of stay. In doing so he placed reliance on a decision reported in AIR 1955 All. 64 holding that temporary injunction cannot be granted against ex..Category: Tenancy Law | Date: | Hits: 114
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
....For the Appellant. Syed Sakhawat Ali, Advocate-on-Record-For the Respondent (State). Criminal Appeal No. 18 of 1987 Judgment: A.T.M. Afzal J.- This appeal by leave arises out of an order dated 21.7.87 passed by the High Court Division (Jessore Session) rejecting the appellant's prayer f......ed to sit was already over. These facts are also not disputed by the State. We have no manner of doubt that had the learned Judges of the High Court Division correctly got the aforesaid facts their decision would have been otherwise. 8. In the facts and circumstances of the case particularly ha..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....eal No. 60 of 1983. The case also came up before the High Court Division, Rangpur Bench by way of a reference under Section 374 of the Code of Criminal Procedure. By the impugned Judgment and order dated 3 December, 1984 the High Court Division dismissed the appeals but rejected the reference and ......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)
.... Ex-parte-Respondent No. 2. Criminal Appeal No. 4 of 1987. Judgment: Shahabuddin Ahmed J. - This appeal by special leave has arisen from an order of the High Court Division (Jessore Bench) dated 2 February 1986, passed in Criminal Revision No. 20 of 1983 refusing to quash a criminal proce...... the alleged forged document was produced in evidence in court it was the court alone which was competent to make a complaint. The learned Judges of the High Court Division, however, relying upon a decision of the Allahabad, High Court in the case of Emperor v. Raja Kushal Pal Singh, AIR 1931, AIL..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....l by the pre-emptee, (since deceased and substituted by his heirs) following leave, arises out of a proceeding under Section 26F of the Bengal Tenancy Act and is directed against judgment and order dated 31st July 1980 passed by a Single Judge of the High Court Division in revision restoring those......n. The learned Munsif by judgment and order dated 14.9.67 rejected all the objections of the pre-emptee and allowed pre-emption. On appeal, however, the Subordinate Judge, Noakhali reversed the decision on the ground that the application for pre-emption was bad for defect of parties in that on..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
.... B.H. Chowdhury and A.T.M. Afzal JJ. I concur with the decision of A.T.M. Afzal, J. A.T.M. Afzal J.- This appeal, following leave, by the six accused-appellants arises from judgment and order dated 7 December 1982 passed by the High Court Division, Jessore dismissing their appeal against an ......ourt Division partly allowed the appeal by finding that accused Hira and Fira were not guilty of the crime and acquitted them. Excepting this modification the High Court Division concurred with the decision of the trial Court. Now in this Court it is a question of belief and non-belief-whether to ..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....Let a Rule Nisi issue calling upon the respondents 1-5 to show cause as to why the impunged order of the fisheries in question with the respondent No.5 by the respondent No.1 on 19.7.1985 or at any date vide the Annexure-‘D’ should not be declared to have been granted or given without any lawf......titioner argued that when the High Court Division was satisfied as to the prima facie case of the petitioner which led to the issuance of the rule the subsequent order vacating the stay renders the decision inconsistent, inasmuch as the rule had not been heard as yet. In vacating the order of st..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
.... T. Monwaruddin, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. (In all the appeals). Civil Appeal Nos. 10, 11 & 12 of 1987. (From the judgment and order dated 10.3.87 passed by the High Court Division, Dhaka, in Writ Petition Nos. 83 of 1985, 137 of 198......, learned Advocate has appeared for the appellants and Mr. Monowaruddin, learned Advocate has appeared for the respondent-Corporation. We have heard their arguments at considerable length and our decisions are being given instantly. 10. It may be noted that the respondent-Corporation did not ..Category: Employment/Service Law | Date: | Hits: 112
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
.... The Constitution of Bangladesh, 1972 (as amended), Article 102 No second revision lies in view of the law in Sections 439A (2) and 439(4) of the Code of Criminal Procedure. The constitutional mandate is that a writ jurisdiction can be invoked if the High Court Division is satisfied "that no oth......e appellant had another remedy by way of revision and the ratio of the decision in 35 DLR (AD) 127 has no manner of application. It was observed: "In our view the observation made in that decision was with reference to the facts in that case. In that case the petition in the revisional..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....Record- For the Appellant. A.J. Mohammad Ali, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Respondent. Civil Appeal No. 2 of 1987 (From the Judgment and order date 6.4.86 passed by the High Court Division, Dhaka, in Civil Revision No. 652 of 1985.) Judgm......whatever before the court to set aside the ex parte decree by altering its own finding that the summons was duly served. In support of his contention the learned Counsel has relied upon a number of decisions. On the other hand, Mr. A J. Mohammad Ali, learned Advocate for the respondent has contend..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....H. Khan, Senior Advocate, (M. A. Whab Miah, Advocate with him) instructed by N. H. Khandkar, Advocate-on-Record - For respondent No. 1 Civil Appeal No. 124 of 1983. (From the Judgment and Order dated 12.4.82 passed by the High Court Division, Dhaka in First Appeal No. 478 of 1986). Judgment...... 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)
....-Record - For the Appellants. Md. Nurul Haq, Advocate-on-Record - For the Respondents No. 1 and 2. Ex Parte- Respondent Nos. 3-6. Civil Appeal No. 70 of 1985. (From the judgment and depredated 4.7.85 passed by the High Court Division, Comilla Bench in Civil Revision No. 1448 of 1979.) ...... Division committed substantial error in holding that tenancy of Samad Ali continued and that under Ext, B(1) the Taluki interest only was transferred to Pitamber and this error has resulted in wrong decision in the case. Furthermore, the important finding of the trial court, which seems to be corre..Category: Property Law | Date: | Hits: 43
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