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Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: The appeal is allowed and the judgment and order of the High Court Division is set aside. Conviction and sentence of accused is set aside an...... Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......fe. In the confessional statement of Dablu he stated that he himself inflicted dagger blow on the victims. Intra-contradiction of the two confessional statements and the evidence of P.W.4 reveal each one gave a different version of the crime thereby shattering the prosecution case itself. One of the..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......ge, the case was ready for trial. Such defect could be corrected by amendment of the plaint which the plaintiff did not during long pendency of the suit. The High Court Division rightly confirmed the order. A party cannot be forced to withdraw its suit or abandon its claim in the suit. If the plaint......d of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ...... to what the formal defects were and that the defects in the schedule and as to parties could be amended by filing a petition for amendment of the plaint. It was also noticed that the suit was an old one which was, once dismissed for default and plaintiffs took no steps for amending the plaint durin..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......e calls in question the propriety of conviction and sentence of the appellants under sections 302/34 and 364 of the Penal Code. They were convicted by the Additional Sessions Judge, Noakhali, by an order dated 4 May 1983 and sentenced to transportation for life. They preferred an appeal but it w......directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......ecovered in an unconscious state from a char on the river bank near Aftabi Bazar. Shariatullah then narrated that he had been abducted, bound hands and feet by the accused persons who took him from one place to another and ultimately left him on the river bank. He supported the Informant's case th..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......d to suffer rigorous imprisonment for three months by the trial Court; He was also directed to pay the sale proceeds of the paddy entrusted to him by the complainant. The appellate Court affirmed the order of conviction and sentence. In revision the High Court Division upheld the order of conviction......Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......uary 25, 1989. The Penal Code, 1860 (XLV of 1860), section 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but the appellants refused to deliver the sale proceeds and denied the transaction...Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147...... — For the Appellants. B. Hossain, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record— For the Respondent. Criminal Appeal No. 27 of 1986. (From the Judgement and order dated 4 August 1985 passed by the High Court Division, Dhaka, in Criminal Appeal No. 132 of ......ained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147...... District of Kishoregonj. His elder son, Bazlur Rahman, the deceased, lost his life in that incident. 4. Bazlur Rahman had purchased, along with P.W.3 Abu Taher, a land measuring 120 decimals from one Ramlal Das by a registered kabala in the month of Poush, 1368 B.S. corresponding to January 19..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......m) Instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent Nos. 1-6 and 9-10. Respondent Nos, 7, 8, 11-17: Ex-parte. Civil Appeal No. 1 of 1987. (From the Judgement and order dated 17.2.1986 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revis......this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......titled to treat the interest due under a mortgage as a charge upon the mortgage property, and the mortgagor, at the time of redemption, is bound to pay the interest also, and not the principal debt alone. Clause 3 in the mortgage-deed settles the issue. It is linked up with the bank rate- and the bo..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
.... Now it appears from the footnote under section 79 of the Act (published by the Government) that Notification in respect of "entire areas under the Police-Stations of Muladi, Mehendiganj...." was published in the gazette on 13 May 1958 that is long before 1967. 7. Dr. Kamal Hossain submitte......e time of making settlement if they arc one of those seeking settlement. The answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......ssed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......l provisions made in respect of diluviated lands. It is, however, upto the Government to consider the case of such people as the plaintiff with sympathy at the time of making settlement if they arc one of those seeking settlement. The answer to the question raised in this case is in the affir..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......s automatically governed by s.18 of the Ordinance. Sub-section (1) of s.18 provides: "Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1872, no order or decree for the recovery of possession of any premises shall be made as long as the tenant......without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......is to be paid by the 15th of the month next following the month for which rent is due; accordingly she offered the rent of January which was refused by the respondent whereupon she sent it by postal Money Order dated 8 February 1984 and when it was returned as "refused" on 29 February 1984, she agai..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......987. (From the Judgement passed by the High Court Division Dhaka dated 8.4.87, in Writ Petition No. 120 of 1985). Judgment: A.T.M. Afzal J. — This appeal by leave is from the judgment and order dated 8 April 1987 passed by the Writ Bench of the High Court Division, Dhaka discharging th......ecutive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......without previously informing the appellant of the adverse remarks against which he could make a representation. A little extension of the wellknown rule of natural justice, audi alteram partem — no one should be condemned unheard — does not permit this. Such adverse remarks cannot be taken into ..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. .......................................................... Respondent Judgment November 8, 1987. Result: The appeal is allowed. The Specific Relief Act, 1877 (1 of 1877), section 54 An order of injunction in respect of the disputed property from a competent civil court is pending agai......sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ...... No.366, West Rampura belonging to the informant's brother, Abdul Majid, assaulted the tenant of the said holding, Rahima Begum, ousted her there from and looted away certain articles i.e. a two-in-one, a Chinese wall-clock and clothes, etc. Rokeya Begum (P.W.1) lodged an F.I.R. with Gulshan P.S. ..Category: Criminal Law | Date: | Hits: 59
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ants. B. Hossain, Assistant Attorney-General, instructed by M. Nowab All, Advocate-on-Record—for the Respondent No 1. (The State). Criminal Appeal No.13 of 1987. (From the Judgement and order dated 16th July, 1987 passed by the High Court Division in Session at Sylhet in Criminal Revis......ity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......inal Revision No. 45 of 1986, directing the Deputy Registrar to lodge a petition of complaint before a competent Magistrate against the appellants for alleged commission offences of forgery and dishonestly collusively creating a compromise petition and using the same as genuine. 2. Appellant No..Category: Criminal Law | Date: | Hits: 45
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......amid, instructed by Md. Aftab Hossain, Advocate-on-Record—for the Appellant. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 39 of 1986. (From the Judgement and order dated 6th August, 1984 passed by the High Court Division, Rangpur Bench in Criminal Appeal N......sult, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......urrence but the evidence adduced by the PW 1 who rushed to the victim immediately after the occurrence appears to be trust worthy and convincing. Moreover, in the dying declaration appellant was mentioned as the assailant. Acquittal of the co-accused by the trial court on the plea of alibi will not ..Category: Criminal Law | Date: | Hits: 61
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......ate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte— For the Respondent Nos. 2 to 4. Civil Appeal No. 26 of 1986. (From the Judgement and order dated 23 January 1985 passed by the High Court Division, Comilla Bench, in Civil Revision No......ismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......n: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ...... of 1989). Not represented— Respondent No. 1 (In C.P. No. 310 of 1988). Civil Appeal No. 1 of 1989 with Civil Petition for Special Leave to Appeal No. 310 of 1988. (From the Judgement and order dated 22.11.88 passed by the High Court Division, Comilla Bench, Comilla in Writ Petition No. ......o. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......ddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abdul Mannan Bhuiyan & Others……….Appellants (In Civil Appeal No. 1 of 1989.) And Bangladesh and others…..................... Petitioners (In C.P. No. 310 of 1988) Vs Monirul Huq and others………………Respondents (In C..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......Hossain, Advocate-on-Record—For Respondent No. 5. No one for Respondent No. 4 Civil Appeal No 48 of 1985. Judgement: A.T.M. Afzal J.—This appeal following leave is from judgment and order dated 4th June 1982 passed by a Single Judge of the High Court Division, Dhaka in Civil Revi....... There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113...... Respondents Judgment September 1, 1987. Remand The appellant bringing the suit challenging the deed of gift revealing lateron that the appellant purchased a portion of the land from the donee and the appellant disowning such document and such contention of purchase and denial thereof no..Category: Property Law | Date: | Hits: 33
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......minal Procedure, 1898 (V of 1898), section 498 Where there is hardly any chance of abscondence in a case under section 420 of the Penal Code read with section 5(2) of Act II of 1947, and where the order of sentence under the provision is under challenge on appeal the accused appellants may contin......bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..Category: Criminal Law | Date: | Hits: 53
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ..................Appellant Vs. State................................................Respondent Judgment August 7, 1988. The Code of Criminal Procedure, 1898 (V of 1898), section 426 The order of payment of fine as a condition of getting bail is not sustainable in law or on the principl......ion of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......nstalments of the fine was not paid within the specified lime the bail "shall stand cancelled" and the appellant would be taken into custody. Further, the learned Judges directed the Deputy Commissioner, Rajshahi, to see that the order for payment of the fine is duly complied with. 3. Mr. Abdu..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......dvocate with him, instructed by Md. Altab Hossain, Advocate-on-Record—For the respondent No. 2. Civil Appeal No. 6 of 1988 Judgement: A.T.M. Afzal J. — This appeal by leave is from an order dated 27 October, 1987 passed by a Division Bench of the High Court Division, Dhaka reject......lant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......(AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......ether the plaintiff-appellant's suit for declaration that Vested Property Case No. 66 of 1978-79 is collusive and void has been dismissed on correct appreciation of law and fact involved therein. The order impugned is the order of a learned Single Judge of the High Court Division dated 8 August 1985......ut however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Nuruzzaman Sarkar.........................................Petitioner Vs. Seraj Mia & ors...........................................Respondents Judgment ..Category: Property Law | Date: | Hits: 75
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105......, 3(f) & 4. Not represented- Respondent Nos. 2, 3 (a) to 3(e). Civil Appeal No. 57 of 1987. Judgement: A.T.M. Afzal J. — Plaintiff is the appellant. Leave to appeal was obtained from order dated 24.10.1983 passed by a Single Judge of the High Court Division, Rangpur Bench in Second ......missed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105......ivision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Sanatannessa Bewa.......................................................Petitioner Vs. Haipatullah Sarker & others.............................................Respondents ..Category: Procedural Law | Date: | Hits: 96
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