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Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......1908 (V of 1908) Order IX, rule 13 After considering the facts and circumstances of the case the court found some substance in the contentions of the appellant and hence set aside the judgments and orders of the Courts below and allowed the Miscellaneous Case and restored the Title Suit to its fil.................Appellant Vs Nurul Huq (Md.)............................Respondent Judgment April 12, 1989. The Code of Civil Procedure, 1908 (V of 1908) Order IX, rule 13 After considering the facts and circumstances of the case the court found some substance in the contentions of the......g the doctor being rejected the appellant was denied an opportunity to prove her cause of absence on the date of hearing. It is further submitted that the learned Judges of the High Court Division erroneously held that the appellant did not state in the application what type of illness she suffered ..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... 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 ......from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in pointing out that both law and fact were common causalities in the judgment of the trial court vitiating the order of acquittal. All the 'epithets' found in the first paragraph of the Privy Council judgment qu......ismiss 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 ......rom the judgment and order dated 20 July 1987 passed by the High Court Division, Sessions at Chittagong, in Govt. (Criminal) Appeal No. 1 of 1985). Judgment: Badrul Haider Chowdhury J.-I have gone through the judgments written by my learned brothers Shahabuddin Ahmed and A.T.M. Afzal JJ; I co..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......d.)................................Appellant Vs The State.........................Respondent Judgment March 5, 1989 The Criminal Law Amendment Act, 1958 (XL of 1958), section 6 The order of sanction was there along with the charge-sheet prior to beginning of the trial of the accus......ed and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......3,344.65. On conclusion of trial, in Special Case No. 1 of 1981, he was convicted under section 409, Penal Code, read with section 5(2) of Act II of 1947, and sentenced to rigorous imprisonment for one year and also to fine of Tk. 5000/-, in default, to rigorous imprisonment for three months more,..Category: Criminal Law | Date: | Hits: 41
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......in Ahmed, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record- For the Respondent No. 1. Ex-parte-Respondent Nos. 2-4. Civil Appeal No. 32 of 1987. (From the Judgment and order dated 10th February, 1986 passed by the High Court Division, Dhaka in Civil Revision No. 3...... of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......n their commercial venture. If the foundation for taking advantage of the deeming is not lied then section 18 (3) has no application. No interest was transferred. The defendants No. 1 and 2 have not gone away from the premises leaving it to defendant No. 3………………………(13) Cases Re..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....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 ......Record-For the Appellant. B. Hossain, Deputy Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record- For the Respondent (State). Criminal Appeal No. 16 f 1988. (From Judgment and order dated 14th March, 1988 passed by the High Court Division, Rangpur Bench, in Criminal Revision ......nder 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 ......The accused was delivered Tk. 9000 instead of Tk. 1900 by mistake by the complainant, cashier of the bank. The accused without prior knowledge or intention to receive the access amount, received the money and subsequently came to learn about the mistake committed by the cashier. The accused did not ..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......instructed by Abdul Baset Majumder, Advocate-on-Record-For the Petitioners. Not Represented.-Respondent. Criminal Petition for Special Leave to Appeal No. 117 of 1986. (From the Judgment and order dated 14.7.86 passed by the High Court Division, Dhaka, in Criminal Appeal No. 178 of 1984).......ellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ision (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Arfan Ali alias Arfan Ali Khan and others.............................Petitioners Vs The State......................................................................Respon..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ....... On appellants own showing he has made a transfer of land apparently before his own settlement was completed. Thus he having parted with the land under proposed settlement, he was not entitled to an order of injunction to maintain his alleged possession……………….(7 & 8) Lawyers Invo......sed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......e was an order of cancellation by the authority, that the High Court Division erred in holding that the appellant was a trespasser and further rejecting the order of temporary injunction upon such erroneous view. The learned advocate-on-record for respondent No. 1, on the other hand, submitted that ..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......e proceeding of the suit including passing of a decree a nullity even if it is found that such non compliance has not …..tually prejudiced the defence of the minors in any way. It is clear that the order of remand would serve no purpose except to allow undergoing a formal ritual of the observance ...... be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ...... Court of Assistant Judge, Boalkhali Upazila, for declaration of their title to and recovery of khash possession of the suit land. The plaintiffs alleged that the disputed land originally belonged to one Jamini Kanta Sen who bequeathed the same to Sabitri Bala Dey. Upon Jamini Kanta's death Sabitr..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....e said writ petition with the leave of the Court for filing the present writ petition (filed on 31.5.88) by way of quo warranto upon the gazette notification being made. The name of the appellant was published in the Official Gazette on 12 May 1988 but the appellant could not take me oath as requi...... the gazette notification being made. The name of the appellant was published in the Official Gazette on 12 May 1988 but the appellant could not take me oath as required under the law because of an order of stay obtained in the writ petition. 3. As regards the dispute as to whether the appellan......osts. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ...... 1988 making the rule absolute and declaring that the act of declaration of the appellant as elected chairman of No. 10 Laskarpur Union Parishad, Upazila Habiganj by the Returning Officer has been done without lawful authority and is of no legal effect and declaring further that the appellant is..Category: Election Law | Date: | Hits: 130
Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....r the petitioner was unaware of the leave petition filed by the Government and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......ment and Order dated 7.8.85 passed by the High Court Division, Sylhet in Criminal Appeal No. 7(C) of 1982). Judgment ATM Afzal J.-This petition for leave to appeal by the informant is from an order of acquittal passed by the High Court Division, Sylhet Bench, in appeal acquitting the respo......on filed by the Government and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......e Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mostoshir Ali...................................Petitioner Vs Arman Ali and Others...........................Respondents Judgment July 28, 1..Category: Criminal Law | Date: | Hits: 41
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......petitioner and Mr. Asrarul Hossain, learned Counsel for the respondent. The learned Counsel for the petitioner has failed to show us any provision of law under which this Court is empowered to make order for transfer as prayed for, but he has referred to a case which was some time ago transferred ......e Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sk. A.K.M. Abdul Mannan......................................... Defendant-Petitioner. Vs M/s. Raj Textile Mills Ltd............................................Plaintiff-Respo..Category: Procedural Law | Date: | Hits: 110
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......-Record —For Respondent No.1. No one for Respondent No. 2. Criminal Appeal No. 8 of 1987. Judgment ATM Afzal J.-This appeal by special leave by the four (4) accused-appellants is from order dated 17 June, 1987 passed by the High Court Division, Dhaka rejecting summarily their appli......of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......nstructed by Md. Ozair Farooq, Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-General instructed by Syed Sakhawat Ali, Advocate-on-Record —For Respondent No.1. No one for Respondent No. 2. Criminal Appeal No. 8 of 1987. Judgment ATM Afzal J.-This appea..Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......f the Penal Code but they are not guilty sections 302/34 of the Penal Code………………(16 & 18) The Penal Code, 1860 (XLV of 1860), section 99 Though victim Afzal was restrained by an order of injunction at the instance of the appellant Mir Ali but he violated the said order by sowin...... the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......development of common intention amongst the participants immediately before the occurrence. Appellants Mir Ali burled the ballam blow on the chest of the victim causing his death on the spot. He is alone guilty of murder under section 302 of the Penal Code and other appellants who caused other injur..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......arte.—Respondent Nos. 2—24. Civil Appeal No. 9 of 1988. Judgment Shahabuddin Ahmed J.- In this appeal by special leave, Pre-emptees are the appellants. The question raised is whether the order of pre-emption against them, as finally upheld by the High Court Division in revision, is sust......missed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......hers ..................Respondents Judgment March 29, 1989. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian is certainly a co-sharer in the holding. Failure of the pre-emptors ..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......ondents on the basis of a memorandum received from the Superintendent of Police. On the basis of the said application the Magistrate discharged the respondents under section 494, Cr.P.C. by his order dated 28-9-73. Against this order of the Magistrate the appellant moved the Sessions Judge, ......ld not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ...... Judgment Kemaluddin Hussain CJ.- Leave was granted to consider the question of interpretation of section 494 of the Code of Criminal Procedure. In view of two decisions by this Division, one in the case of reported in (1978) 30 DLR (SC) 228, Bakshu Mian Vs. Govt. of Bangladesh (Civil Ap..Category: Criminal Law | Date: | Hits: 43
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......2, rule 2 of the Code and whether the prayer changed the nature and character of the suit. The Courts below have consistently turned down the contention of the defendants.
3. Turning to the leave order we find that it is now well settled that the amendment of the pleadings could be allowed at an......ons of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......aluddin Hossain CJ.- Leave was granted at the instance of Defendant- Appellants to consider whether the amendment of the plaint of the suit pending in the Court of Munsif, 5th Court, Chittagong, was done on correct principle as provided in Order 6, rule 17 of the Code of Civil Procedure and on the j..
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......vocate-on-Record - For the Respondent. Civil Appeal No. 23 of 1977 (From Petition No. 254 of 1973) Judgment Mahmud Husain CJ.- This appeal by special leave is against the judgment and order of a Bench of the High Court Division passed in an application filed by the respondent under A......ion. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......der was challenged before the High Court Division for declaring it to be illegal, mala fide arbitrary, having nothing to do with any, administrative necessity or convenience and this order is in fact one of reduction in rank, status and salary and other amenities too without any reason or jurisdic..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ...... Judgment and Order dated 16-6-77 passed by the High Court in F.M.A. No.219 of 1977 with C.R. No. 639 (FM) of 1977). Judgment Kemaluddin Hossain J.- This appeal arises out of an interlocutory order under Order 38, rule 5 of the Code of Civil Procedure. Facts briefly stated for the dispos...... costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......from the lighterage a certain quantity of wheat was found contaminated with Sulphur and over this damage to wheat negotiations were held between Bangladesh Government and the defendants, and at one stage, it has been asserted in the plaint, that the payment of damage instead of bank guarante..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....pancy under the raiyati recorded in C.S. Khatian No.38 of the said mouza. The said two plots, namely, 1202 and 1203, were recorded in possession of Abdus Samad and the said C. S. Khatian were finally published on 13.5.1927. Delwar Shaikh alias Delwar Hosssin alias Delwar Ahmed, brother of the record......ot operate as estoppel against them and accordingly dismissed the application for pre-emption. The appellant preferred an appeal and the learned Additional District Judge set aside the judgment and order of the learned Subordinate Judge and allowed the appellants application for pre-emption. As ag......nd those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... was finally concluded by the first appellate court there arises no question of illegal exercise of jurisdiction by the lower appellate court for interference by the High Court. 8. It may be mentioned that the kabala, Exhibit 3, was executed by Rokeya Khatun, wife of Md. Dildar Ahmed on 16.2.62 ..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......al is allowed. The decisions of the High Court as well as that of the First Appellate Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......ppearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......he High Court and the soundness of this decision is in question. As to the standing of the pre-emptor and the competency of his application on merit is not in question. The only question is the one that has been set out above. 2. The facts for consideration of this appeal are that the Kaba..Category: Property Law | Date: | Hits: 34
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