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Abul Khair Vs. The State, 1992, 21 CLC (AD)
....y inculpatory. He made a clean breast of it and stated that during liberation war Safiuddin had killed Abul Khair's brother Abul Basar and since then they had enmity. All the 3 accused persons upon prior concert came to the Union Parishad office on a motor cycle, Abul Khair and Mosharraf all the ......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. ..Category: Criminal Law | Date: | Hits: 61
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....Cock" between the BCIC (representing Ujala Match Factory) and the new owners of M/s Sattar Match Works (at Aziznagar) started following disinvestment of the said M/s Sattar Match Works in 1978 prior to which the owner of the two Match Factories was the same. In course of discussion in this ......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. ......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. ...... 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. ...... 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)
.... 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. ......sp; Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others……………Respondents J..Category: Administrative Law | Date: | Hits: 123
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......tifur Rahman J Fazlur Rahman Molla ...................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice Division and another ………………&he..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....e appellant has given a long list of cases involving the former Vice‑President and other Ministers accused of similar offences who have been granted bail by Orders of the High Court Division prior to the date of the impugned judgments (vide paragraph 17 of the leave petition in Criminal Ap......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. ......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
....mended lease for a term of 20 years from the 1st April 1963 was executed under Rule 31(1) of the Rules between the President of Bangladesh as lessor and M/s Drums Metal Ltd. as lessee on 13.7.77 with prior sanction of the Ministry of Defence dated 6.11.76. The amended lease was in respect of a reduc......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:
...... J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment Directorate, Ministry of Defence, Dhaka Cantonment and others……………………..Respondents
Judgmen..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....08 (Act XVI of 1908),Section 47 The Transfer of Property Act,1882 (Act IV of 1882), Section 53A A sale- deed which is registered will relate back to its own date of execution not of any date of prior bainapatra or a subsequent date of its registration. The sale takes effect on the date of exec...... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ...... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ..Category: Property Law | Date: | Hits: 73
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....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. ......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. ......der as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....h owes its origin to the prerogative writs, of the High Court Division, which was being exercised by similar courts since, at any rate, 1935, and before the Constitution came into operation; (b) that prior to the establishment of the Tribunal the High Court Division had the original plenary jurisdic...... 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. ...... 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)
....fferent. 22. The principle of natural justice implies, in a case of disciplinary proceeding against an employee that, in the absence of statutory Rules, the delinquent employee must be given prior notice of the proceedings against him, so that he gets an adequate opportunity to defend him......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. ......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
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......llate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, PS Ramna, Dhaka …………&he..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
.... bid of Taka 92.50 lacs was approved by the Collector of Customs. The auction purchasers had already deposited the bid amount in the Government Treasury on 30.12.90 and lifted some quantity of cement prior to 2.1.91 when stay order was passed by the High Court Division and delivery of cement was sto...... the appeals) brought the aforesaid Writ Petition on 2.1.91 calling in question the letter dated 23.12.90 of the Collector of Customs(Annexure K to the Writ Petition) reiterating his refusal to grant clearance in respect of 5000 metric tons of Iraqi Ordinary Grey Portland Cement out of 10,000 metric......of Import and Export (CCI & E) was creating various obstacles at the instance of the Bangladesh Shipping Corporation in getting the balance quantity of cement and so the respondent approached the Ministry of Commerce which informed that the permission of the CCI & E was got necessary as the ..Category: Business or Commercial Law | Date: | Hits: 130
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
.... confessional statement we do not find that he was engaged in the conspiracy to murder his step‑mother and he took any part in the actual assault. Thus, from his statement we do not find that prior to the occurrence and at the time of occurrence he participated in any manner as per his own ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....9 the warrant of commitment should have been issued by the Sessions Judge, Dhaka. In the scheme of the general law of the land as indicated above as also in keeping with the special provisions made prior to and in the Proclamation of the 7th April, 1979, the Court in possession of the records of ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......he Government filed two memoranda, marked as Annexure 1 & 2 to the Affidavit‑in‑Opposition. Annexure 1 is an order dated 9th February, 1991 of the Deputy Secretary (Security) of the Ministry of Home Affairs, copy of which was forwarded to the jail authorities and other functionar..Category: Constitutional Law | Date: | Hits: 365
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....ving completed the enquiry found the Chairman, Municipal Committee and the Commissioner, Dacca Division not guilty of the contempt of court as the order of temporary injunction was not served on them prior to the holding of the meeting on the 10th December, 1966. But he found Mr. M.A. Zaher and Haji......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....oned property'; Secondly, whether formation of the opinion of the Government is necessary for holding or declaring a property an abandoned properly and its vesting under Article 4; thirdly, whether prior show cause notice is mandatory before the opinion of the Government is formed. 7. On the fi......eneral Manager and appeared before the Customs Authority who were satisfied by the letter of authority issued by Saifuddin on 14. 4. 72 and the affidavit dated 4.7.72 and thus passed an order whereby clearance of the Company was allowed by the Excise Officer in the signature of Mr. Abbas AH until ......ISTRY OF INDUSTRIES NOTIFICATIONS No. 186-SL-31st December, 1971—In exercise of the authority given by the Acting President's Order No. Sec XI/IN/35/71/17, dated the 30th December, 1971, the Ministry of Industries is pleased to take over with immediate effect and until further orders, the m..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......aters etc, it was liable to duty under Item 15A of the First Schedule of the Central Excise and Salt Act, 1944 and asking the Company to follow Central Excise Rule end Procedure regarding clearance of stockinet’s on payment of duty. The appellant Company appears to have submitted ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....e year but manager could not produce the same. These talks were before the exchange in the house of Pyari Lal or Badruddin were not present then. Pyari Lal. I did not enquire who was in the house prior to 1950. The defendant entered the house in February or March, 1950." 16. It will appe......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
....e Khatian till the Patta in 1954 was granted in favour of the plaintiff. Alternatively, the plaintiff can show Subhan and /or his heirs were in possession for over the prescriptive period of 12 years prior to the grant of Patta on 28-7-54. Plaintiff, succeeding in establishing any of the alternati...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ..
Category: Property Law | Date: | Hits: 82
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