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Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......nstructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-Respondents. Criminal Petition for leave to Appeal No. 26 of 1991. (From the Judgment and order dated 24.2.91 passed by the High Court Division, Dhaka in Criminal Revision No. 226 of 1991)....... nip this unhealthy trend in the bud. The petition is dismissed. Ed. ...... (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rahim @ ANM Abdur Rahim ................ ...................Petitioner Vs. Enamul Huq and another... ...............Respondents Judgment ..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... Judgment: Latifur Rahman J.- In this appeal, the accused-appellants have challenged the order of refusal to grant bail in Criminal Appeal No. 173 of 1990 by the learned Single Judge of th...... of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ......ivision while admitting the appeal arising out of an order of conviction and sentence under sections 325/34 and 316/34 of the Penal Code sentencing each of them to suffer rigorous imprisonment for one year and also to pay a fine. 2. The prosecution case, in brief, is that on 13.5.87 at ab..Category: Criminal Law | Date: | Hits: 37
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ...... Advocate-on-Record (In both the appeals) - For the Appellant Ex parte (In both the appeals) - For the Respondents. Civil Appeal Nos. 19 and 20 of 1990. (From the judgment and order dated 9.2.1989 passed by the High Court Division, Barisal Bench, Barisal in Civil Revision Ca......ismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ...... 5. In setting aside the Order of restoration the learned Single Judge observed: “It is patent that only ex parte judgments, decrees or orders passed during the period mentioned in article 3, of PO 12 of 1972 came under the mischief of the section. Compromise decrees d..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....us circulars on the subject beginning from No. 1578 Gnl. dated 15.11.68 till date which are to be found in Chapter IX under the heading "Exchange Case" of the Land Administration Manual, published by Land Administration Board (Ministry of Land) on 1st. December, 1987. Relying upon the ......aring further that the property, Holding No. 7 Wiseghat, shall remain as vested property under the management and control of the Government with the Present occupant as lessee/tenant until further orders. The appellants' case in the Writ petition was that they are citizens of Bangladesh having m......order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......e citizens of Bangladesh having migrated from Murshidabad, India, in 1964, after exchanging their Indian property with the aforesaid premises at 7 Wiseghat Road, Dhaka, which originally belonged to one Akhanda Kumar Bose alias Ajit Kumar Bose. On his death the said property devolved on his son P..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......(a) 1 to 5(a) VIII, 6, 9 (Ka) - 9 (cha), 11-12, 13(1) to 13(6). Ex parte - Respondent Nos. 7, 8, 10(a) to 10 (c), 14 to 25. Civil Appeal No. 10 of 1985. (From the Judgment and order dated 3.11.83 passed by the High Court Division, Comilla Bench in First Appeal No. 358 of 196...... was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......dable and not void. Article 12(d) of the First Schedule to the Limitation Act provides that a suit to set aside the sale of a patni taluk sold for current arrears of rent must be instituted within one year from the date when the sale would become final and conclusive had no such suit been brough..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ......r dated 28th October, 1990 passed by the High Court Division, Dhaka in Criminal Revision No. 1126 of 1990.) Judgment Latifur Rahman J.- A witness has filed this leave petition challenging the order of acquittal passed by the High Court Division, Dhaka, in Criminal Revision No. 1126 of 1990 a......ithout securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ...... The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......fa Kamal J.- This leave to appeal by the defendant petitioner is from the Revisional judgment of a learned single Judge of the High Court Division, Dhaka making the Rule absolute and setting aside an order of the trial Court cancelling its earlier order dismissing a miscellaneous case under Order IX......eal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......lso Reported in: ..Category: Civil Law | Date: | Hits: 105
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....d 10 of Mouza Pahartali, measuring about 7.32 acres of land belonging to the Railway which were acquired tinder the Land Acquisition Act of 1894 for the then Bengal Assam Railway by a Notification published in the Calcutta Gazette dated 23rd November 1933 and made over to the said Railway on 5.1......gment: ATM Afzal J.- This is a defendant’s appeal by leave and directed against judgment and order dated 6 February, 1986 passed by a Single Judge of the High Court Division, Chittagong Bench,......l is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......8.1968 whereupon Abul Bashar instituted the suit as aforesaid. 4. The case of the plaintiff is that in the last revisional survey the suit land was recorded in possession of the persons mentioned in RS Khatian Nos. 5, 6, 7 and 9 of mouza Pahartali. One Korban Ali had 14 annas share in Khat..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ...... 1989.) Judgment: ATM Afzal J.- This appeal by leave arises out of a temporary interim order passed by a Single Judge of the High Court Division in revision which has already run out its...... In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 91
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. ......lved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Respondent. Criminal Appeal No. 10 of 1987. (From the judgment and order dated 17th April, 1985 passed by the High Court Division, Rangpur, which, in Death Reference N......ent for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ...... of her husband bearing marks of multiple injuries. PW 1 Sahiruddin went to the thana to lodge the FIR, but the police officer refused to record the same on the plea that the informant did not see anyone to kill Halima and that an UD case had already been started. PW 12 the Sub‑Inspector of Police..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......vocate, instructed by Sharifuddin Chakladar, Advocate-on-Record‑For the Appellants. B Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1988. (From the judgment and order dated 5.8.86 passed by the High Court Division, Circuit Bench Barisal in Criminal Appeal No. 6......ingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ...... saw the taking away of the dead body. The accused persons fled away and the dead body was subsequently recovered from the jungle behind the house of accused Salem Howlader. 4. The defence case is one of innocence. The defence case, as it appears from the trend of cross-examination to the prosecu..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....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 ......ls, both being placed under it, under the provisions of Bangladesh Industrial Enterprises (Nationalisation) Order, 1972—P.O. 27 of 1972. A learned Single Judge of the High Court Division, by an order dated 1 April 1986 in Civil Revision No. 106 of 1985, has answered the question in the negat......s case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......sation) 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 transfer of an employee from one mill to another by the BJMC. In view of the Gazette Notification issued under Article 5(a) and t..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....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 ......correct principles relating to appraisal of evidence has been fallowed or not, whether some material piece of evidence has been overlooked or misappreciated winch could have a profound bearing on the order of acquittal and things like that. Misappreciation of evidence is not ordinarily a ground for ......ith 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 ......amser Ali Amin accompanied by P.W. 5 Meheruddin and P.W.6 Fazar Ali went to village Tangrakura for measuring land of P.W.9 Sadek Ali Munshi. While returning they started from Sadek Ali Munshi's house one hour before sun set. They crossed the Dadna Ferrighat which is about 2-1/2 miles off from the ho..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291...... remained a mystery. Victim received fatal injury in mysterious circumstance. The prosecution has failed to prove the charge against the accused beyond reasonable doubt. The appeal is allowed and the order of sentence set-aside…………………(9&10) Lawyers Involved: Khondker Mahbub Hossai...... charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......ections 148 and 324 of the Penal Code and sentenced to rigorous, imprisonment for 2 years while the remaining 8 accused were convicted under Section 148 and sentenced to rigorous imprisonment for one year. In appeal, Criminal Appeal No. 8 of 1983, all except these four appellants before us wer..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....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 ......oint for consideration in this appeal by leave is whether in an appeal from conviction, the Appellate Court has Jurisdiction under section 423(1)(b)(2) of the Code of Criminal Procedure to reverse an order of acquittal purporting to "alter the finding" of conviction. 2. Facts of the case are th......ined. 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 ......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 into one of conviction only in an appeal under section 417. This view accords with the language of sectio..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ate-on-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......ding appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......l by the same court of two sessions cases being No.4 of 1988 pending in the Court of Sessions Judge, Dhaka and No.5 of 1987 pending in the Court of Sessions Judge, Munshiganj. 2. Appellant No.1 is one of the accused in Sessions case No.4 of 1988 and appellant No.2 is the informant in sessions c..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......unity to the appellants, to appear before the High Court Division, who are granted bail from the trial court (however wrongly), till filing of the appeal and getting bail, is not just and proper. The order is set-aside and the case is remanded to the High Court Division for disposal according to law...... in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... and obtained an order of interim bail. It is true that the Sessions Judge was not competent to grant such bail under section 426 of the Code of Criminal Procedure since the sentence was in excess of one year. The order was, therefore, illegal but the fact remains that the appellants submitted the..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......Condition of payment of fine for bail Order for payment of the fine as a condition for the bail is not supportable either in law or on the principle of reasonableness. The appeal is allowed and the order for payment of fine as a condition for the bail already granted is set-aside. Realisation of f...... the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......the installments of fine was not paid within the specified time 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. Abd..Category: Criminal Law | Date: | Hits: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....1967 for setting aside the said sales under Section 173/174(3) of the B. T. Act on 19-4-67 on the ground that decree was obtained fraudulently and there were material irregularities and/or fraud in publishing and conducting the sale. It was also contended that there was no arrear of rent for the p......-Record- 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 Judg......r as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......n rightly pointed out that in the Misc. Cases before the Executing court, the Executing court could not go behind the decree and the decrees themselves could not be challenged as fraudulent as done in the instant cases. Further it has been rightly pointed out that Ext3 and 3(a) were not even r..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......alisation of arrear rent. The suit was decreed by the trial court but the decree was reversed in appeal. A learned Single Judge of the High Court Division, Rangpur Bench, by the impugned judgment and order dated 15th November, 1984 passed in Second Appeal No. 138 of 1979 set aside the appellate ju......ismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......tionship became estranged between Surendra Nath and Tarapada Majumder and as a result Tarapada Mujumder had to vacate the suit land. On getting back the suit property Surendra Nath leased it out to one Korban Ali Malik on monthly basis and after him to one Ahsan Ahmed. The defendant's son Md. Atia..Category: Tenancy Law | Date: | Hits: 106
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