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Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
..... That is why the trucks were seized by the Anti‑Corruption. Hearing this news the Mill authorities constituted a Committee with the appellant, Manager (Jute), and two other officers. 'These members Jessore and got the trucks released from the Anti‑Corruption and the jute carried in ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ght by the accused at the playground of Salimabad Primary School. Shahid brought out a dagger from his pocket and stabbed Abul Hossain in front of his left ear. The victim died instantaneously. The members of the public apprehended Shahid, Mansur Ali and the appellant and they were handed over to......te, a case decided in 1957, but reported later in 1969 SCMR 537, where there was no allegation by the prosecution that any other persons other than the five accused were involved in the attack the Pakistan Supreme Court held that the acquittal of two of them by the High Court rendered the charge......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......ification No. 3498-J-24 October, 1958 had been published in the Gazette as soon as the said Criminal Law Amendment Act was enacted and that by that Notification "all Sessions Judges" of the then East Pakistan were made "Senior Special Judges" in respect of their Sessions Divisions. Creation of new D......rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 100
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......cate case and it was purchased in auction by defendant No. 3 Most. Amena Begum. The appellants made Amena Begum a party defendant in the suit on 14.3.61 and the matter went up to the Supreme Court of Pakistan which allowed an amendment of the plaint in CA No. 37 D of 1962 on 11.3.64. Defendant No. 3......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....d the defence claim that the land was in possession of the petitioners but found that the land was in possession of the informant's wife, PW 2. The trial Court also found that the petitioners were members of an unlawful assembly and that they committed "rioting", and further, that four...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......e a statement before PW 2 China Ranjan Barua, Magistrate, 1st Class, Sadar, Noakhali, which was exculpatory in nature. He stated that he accompanied Abul Khair who was his ex‑colleague as an Army MP from Dhaka to Lakshmipur on a motor cycle for the purpose of seeing his new‑born daug..Category: Criminal Law | Date: | Hits: 61
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......ered the "Cock" brand as trade mark under the Act for its safety matches and started using this trade mark "Cock" on its match boxes. The trade mark was numbered as 21785 in the Pakistan Registry of Trade Marks in Class 34. In 1962 the owners of Sattar Match Works established ......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ......eing enrolled as an Advocate under the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 2. The appellant was an Advocate entitled to Practise in the erstwhile High Court of East Pakistan at Dhaka immediately before the 26th day of March 1971, and when the High Court of Bangla...... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ..Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
....om service was set aside by the Administrative Appellate Tribunal was illegal because he was not re‑instated before holding such inquiry. The said inquiry was held against the petitioner as a member of the public and not as a Government servant which is not contemplated under the ‑Gov...... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ...... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ..Category: Administrative Law | Date: | Hits: 123
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ...... Metropolitan Magistrate, Dhaka 3. In Ramna PS Case 89(2) 91 DAB GR Case No. 15/91 the gist of the allegation in the FIR was that in connection with the purchase of two container ships from Pakistan, the appellant along with other officials of the Bangladesh Shipping Corporation and anoth......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ..Category: Constitutional Law | Date: | Hits: 150
....without the express permission or authority of the Central Government, and includes‑
(i) a person inducted into any land or building by the lessee or licencee thereof; and
(ii) every member of the lessee's or licensee’s family who remains in occupation of any land or building afte......cted the lease to be executed in Schedule IX of the Rules.
10. M/s Drums Metal Ltd. took over the drum factory from M/s Allenberry & Co. and a fresh sanction was given by the Government of Pakistan, Ministry of Defence of 3.5‑69 amending the lease in favour of M/S Drums Metal Ltd. and r......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 68
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....een based. There having been no corroboration thereto, he argues, it is unsafe to rely on such evidence. 5. Prosecution examined fourteen witnesses of whom eleven including the informant are members of the locality. Three witnesses were simply tendered and not cross‑examined by the d...... each case. Though there is no legal bar to trial of such cases by different Judges, such procedure is always open to the risk of the two courts coming to conflicting findings. The Supreme Court of Pakistan, in the last mentioned case, has also observed that though the usual procedure is for tri......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
.... that these are intended for official use. We are not impressed by this argument, for edible oil, butter oil, milk powder, weighing scales may be imported from abroad by Government for sale to any members of public as well and that they need not be used by the Government themselves for official ......because the lessee knew from the very beginning that the properties, some of which included relief goods, were intended for official use. He has in this connection referred to an observation of the Pakistan Supreme Court in Md. Ismail vs. Province of East Pakistan, 16 DLR SC 438 to the effect th......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....It was also stated in the Agreement: "In pursuance of the policy decision of P & O, Mr. DW McKay visited Chittagong and announced the closure of Mackinnon Mackenzie & Co. Ltd., to the members of the Staff on the 13th September, 1972 to be effective from 1st October, 1972. ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Mackinnon Mackenzie & Company (Pakistan) Ltd.. ..................………………Appellant ...... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....n who without lawful excuse obstructs it in the performance of its functions. There should be prescribed rules for the terms and conditions of service of the persons who will perform the functions as member or chairman of a tribunal. 42. There could have been an arguable case of necessary intend......ladesh Vs. Abdur Rab 33 DLR 143, Jamil Huq and eleven others Vs. Bangladesh 34 DLR (AD) 125 and Serajul Islam Vs. The Director of Food 42 DLR (AD) 199; In the matter of Reference by the Parliament of Pakistan 9 DLR (1957) SC 178; Re CP Motor Spirit Act, AIR 1939 Federal Court 1 (5) Quinn Vs. Leathem...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....nesses in support of his defence, to inspect documents proposed to be used against him, generally to have the inquiry conducted in his presence, to get a neutral inquiry officer or Committee who or members of which are not connected with prosecution and have no bias against him. The principle of......Jamuna. Oil Company Ltd. on 23.3.79 is illegal, malafide and without lawful authority and that the plaintiff’s service under the appellant still exists. It was his case that after liberation Pakistan National Oils Ltd. was declared as an abandoned property and it was being managed by a Man......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 89
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ...... their constituted Attorney Syed Amir Ali. The plaintiff has been in possession of the same on payment of all rents and taxes. The suit property was requisitioned by the erstwhile Province of East Pakistan and after transfer the name of the plaintiff was mutated and be was paid monthly compensa......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 58
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....brother of the informant. PW 8 who stated that the appellants had entered into the house of the informant and committed theft as alleged is also an admitted relation of the informant. PW 9 a local member merely stated that the informant party had told him about recognition of the accused. Admitt......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 60
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ...... to a minor donee is not required only when the father or guardian or the person in charge of the minor makes a gift in the minor's favour". This decision of the Supreme Court of Pakistan was followed in the case of Aurangzeb and others Vs. Daud Khan and others reported in PLD ......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......ncipal defendant in the suit. 3. The learned Subordinate Judge by his judgment and decree dated 28.8.70 dismissed the suit whereupon the plaintiff filed appeal in the then High Court of East Pakistan being First Appeal No.343 of 1970. The appeal was registered on 24.12.70 but as there was ......sp; Ed. ..Category: Procedural Law | Date: | Hits: 122
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