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Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... Notice was served in 1962 but acquisition was made in 1968. So the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of actual acquisition. The valuat......e valuation at Tk. 30,000/- per acre is found to have met the ends of justice, fairness and equity in this case in the circumstances as shown above. We therefore do not think that any interference is called for. Substantial justice is found to have been done to both the parties. In the circumsta...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ..Category: Property Law | Date: | Hits: 42
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....as convicted by Mr. M.A. Chowdhury, Special Judge, Dhaka under sections 218, 266 and 477A of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 and sentenced to rigorous imprisonment for one year and a fine of Tk. 1000/-, in default, to further rigorous imprisonment for thr......s going to be directly opposed to the first report the petitioner should have taken due care to get the order of the superior officer in writing the circumstances in which a fresh report was being called for. Also petitioner himself did not state in the second report the reasons justifying his o......ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ..Category: Criminal Law | Date: | Hits: 58
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Gannysons Ltd. & another......................................Appellants Vs. Sonali......ease to have effect on such commencement and all abandoned properties in custody of any Court, receiver, guardian or other person or persons appointed by it, shall upon delivery of the same being called for by the Government, be delivered to the Government." From these pr......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Right to property is as important a right as right to life and liberty of a person, and not only laws extend protection to such right, even the Constitution has, subject to certai......over, etc. of abandoned property not to be challenged, etc.— (1) Save as provided in, the President's Order, no such taking over or vesting of property as is referred to in paragraph 4 shall be called in question on any ground whatsoever before any authority or in any Court; nor shall any su...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....of 1981 the appellant was found guilty by the learned Judges for not sending information regarding the escape of the Trawler to the High Court Division, Subordinate Judge, 3rd-Court, Chittagong and also for the neglect in not taking proper care of the Trawler as the custodian. Direction was issued......ey-General (Criminal), both of whom have categorically submitted that the General Manager in the facts and circumstances of the case, was guilty of willful disobedience and gross negligence which called for exemplary punishment." 11. Next, in the opinion of the learned Judges, the appell......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....;…….....................……Respondents Judgment October 19, 1983. Sections 263 and 264 of the Code of Criminal Procedure do not contemplate that reasoning should be given in case of acquittal. However, it is highly desirable that the Magistrate pa......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......ple. Complainant is the appellant. He filed a petition of complaint against the accused respondents alleging that they damaged the vegetable plants and constructed a hut on his land and caused loss of about Tk. 100/- to 125/- thereby committed an offence under sections 427/147 B.P.C. Origin..Category: Criminal Law | Date: | Hits: 41
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....ourt of Munsif, Sadar, Rajshahi for declaration of their title to the suit land. Their case is that the suit land previously belonged to Nafar Roy who after possessing the suit land died leaving 2 sons, Basu and Suvia Roy who being in possession of the suit land sold it to one Felu Mondal by reg......ed to the case of Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others 28 DLR 159 (AD). In this case a Bench of the High Court Division discharged the rule as no one appeared when it was called for hearing. Subsequently an application for restoration was filed by the learned Advocate ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....laintiff-appellant, Bangladesh Inland Water Transport Corporation, for compensation against the defendant-respondents on account of losses sustained by the appellant for causing damage to some of its vessels, by the defendants vessels, namely, M.V. MINI LARK, M.V. MINI LANCE, M.V. LUCK......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. .....................................…...Respondent Judgment June 13, 1983. No action to enforce any claim or lien against a vessel or her owners in respect of any damage or loss caused to another vessel shall lie two years after the date of arising of the cause of action&..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....use against charges of negligence of duties and insubordination vides Memo. No. 1457 dated 21-6-78. Plaintiff-respondent showed cause on June 24, 1978. On June 24, 1978 plaintiff- respondent also sent a reply in writing to the letter of defendant No. 5 to open the godown failing which t......eply. The enquiry officer asked him to be present at the godown for a physical verification in his presence. He, of course, did not appear. On July 14, 1978 his controlling officer called for explanation for misappropriating fertilizer worth Tk. 32,115.85 and other charges. ......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
.... a naraji-petition, which was subsequently withdrawn. Thereafter, one Khorshed Alam, who was cited as a witness in the First Information Report, filed a fresh complaint against the same accused persons on the same allegation. C.R. Case No. 299(1) 82 under various sections of the Penal Code includ......ce Regulations of Bengal a distinction has been made between these two words- “charge sheet and final report”. The report containing recommendation by the police for prosecution of the accused is called charge sheet while the recommendation by the police for release of the accused is called fina......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ver in a separate execution case. No prayer for stay was made even at the Appellate stage. The defendant contested the suit “in a half hearted manner.” In reversing the judgment, the reasoning given by the High Court Divisions is not in accordance with the well established principle f......elating to the contract. He, however, stated that the Government took over possession of the property after an enquiry by Circle Officer. But those papers and enquiry reports have not been called for by the contesting defendant in this case and we are still in dark about the findin......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
.... Non-Agricultural Tenancy Act, 1949 and is entitled to protection under section 7 of the said Act. 2. Respondents-plaintiffs filed Title Suit No. 51 of 1965 in the 3rd Court of Munsif, Jessore, for ejectment of the appellant and recovery of khas possession of the suit land. The suit lan......uctures. Mr. Asrarul Hossain contends that as Ext B, the suit-land was leased out. But the words used there are that Rwg fvov †`Iqv nBj. This sounds absurd, for when a land is leased it is called BRviv e‡›`ve¯— in Bengali. It is not called fvov Secondly if the la......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... Acquisition and Tenancy Act, 1950. In both the cases, learned respective Judges of the Single Bench of the High Court Division answered the question in the negative and allowed the pre-emption sought for. Consequently, pre-emptees are the appellants before us. 2. Civil Appeal No. 103 of 1......or did not part with his possession but simply made a show of transfer for any purpose such as to put away his creditors, as in the case reported in 51 CWN 644, then such a transaction, whether it is called ‘'Benami" or colourable may be gone into. 6. As to the contention that on reversal of...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.......................Appellant Vs. The State.........................................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawyers Involved : Korban Ali, Advocate,......bmitted that the condemned prisoner is only 26 years of age and that he was in love with deceased Dilara which was not returned by her and resisted by her parents and as such death sentence is not called for in the facts of the present case. 18. We have given our anxious considerat...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 58
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
.... by her husband, appellant Jatin Chandra Sit. The Sessions Judge, Patuakhali found the appellant guilty under section 304 Part I and section 201 of the Penal Code and sentenced him to rigorous imprisonment for 10 (ten) years under the first Count and to 5 (five) years under the second, making th......ng as to intention, the appellant was rightly convicted under the first part of section 304. 17. Now, coming to the sentence, however, we do not think that it was a case of such nature that called for the second maximum punishment as provided in the first part of section 304 i.e. RI for 1......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....ed bituminous concrete work on the Airport Road, Dhaka. A dispute arose between the parties over payment of bill of the Contractor-respondent after completion of the work which was referred to the sole Arbitrator, namely, the Superintending Engineer, Roads and Highways. On 30.10.78 the Arbitrato......ed Subordinate Judge by order dated 28.1.89. 5. The appellants filed Title Suit No. 378 of the same Court for a declaration that the aforesaid orders dated 29.9.88 making the "so‑called" award a Rule of the Court and the subsequent order dated 10. 11.88 are illegal, fraudu...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....uties as Research Officer in the Development Project of Food, Science and Technology Division of the Council's laboratories at Dhaka honestly and sincerely to the best of his abilities; that due to some personal grudge against him by one Mr. SF Rubbi, the then Scientist in charge in the Council,......s a mere assumption. There are no particulars before the Court for drawing such an inference. What benefits the appellants would have collected in delaying the matter? They could, at the worst, be called callous, but merely for the delay in taking the impugned decision no bad motive can be ascri......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
State Vs. Shafique and others, 1991, 20 CLC (AD)
....nbsp; Latifur Rahman J.- In this appeal the State has challenged the order of acquittal of Respondents Shafique, Sultan, Abid Ali, Rafiqul Islam @ Rafique son of Mokbul Mia passed by the High Court Division, Comilla Bench in Criminal Appeal No. 25 of 198......ce. 3. The criminal appeal and the leave petition are heard together and are disposed of by this judgment. 4. The prosecution case in short, is that, on 9.9.77 deceased Dudu Miah was called by accused khokan, Rafique, Shah Alam, Shafique and Sultan from the grocery shop at Pauda B......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 49
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....the original owner Abdul Khaleque Bain, who is a Pakistani citizen, and got the aforesaid three sale deeds executed by him for a consideration of Tk. 3, 00,000.00 although the disputed property was sold at Tk. 84, 00,000.00 to the highest bidder. The disputed property, it has been asserted, is a......rks has been managing the disputed property ever since it became abandoned under the law. The Government decided to sell the disputed property along with other abandoned properties and accordingly called for tender on 2.1.85 through Newspapers. One Syed Altaf Hossain became the highest bidder fo...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and then some time thereafter the dead body of the victim is found out. More often than not, ocular evidence ......l under sections 302/109 Penal Code passed in favour of the respondents by the High Court Division in appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and the...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
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