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....sed of in the aforesaid terms.
Ed....... promoted as Deputy Inspector‑General (Prison) in February, 1987 and has been working as such at Dhaka, with an unblemished and untarnished service record. Previous to the present Rule he was never called upon to show cause why he should not be committed for contempt. In his entire career he has a......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed...
Category: Criminal Law | Date: | Hits: 88
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
...., Opposite Party No. 3, noted strong objections on both the petitions. On 27th January, 1990 opposite party No. 4, the learned Assistant Judge, rejected both the petitions without assigning any reason. The petitioner further stated that the copies of the aforesaid letter of the learned Counsel ......pplication communicating the stay order granted by this Court the title execution case was in its last stage. The writ had already been issued to the Nazir. Opposite party No. 4 could have re‑called the writ, She, however, did not do that. If she had considered with a conviction that the ma......order with full knowledge and thus committed a grave contempt of this Court. It is further submitted that the petitioner's Co‑operative Society was overtaken unexpectedly and suffered a huge loss as the process‑server reported only a short list of the goods of the petitioner removed ..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....p; Appellant Ex - parte - For the Respondents. Criminal Appeal No. 11 of 1988. (From the judgment and order dated 5.8.1986 passed by the High Court Division, Circuit Bench, Jessore, in Criminal Reference Nos. 4 and 5 of 1985). Judgment: &nbs...... for transfer of those cases from the court of the Divisional Special Judge to their courts, namely the courts of the Senior Special Judges concerned. The two Senior Special Judges, on their part, called for the records of those cases from the court of the Divisional Special Judge for the purpos...... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 118
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....ered as 21785 in the Pakistan Registry of Trade Marks in Class 34. In 1962 the owners of Sattar Match Works established another Match Factory at Aziznagar, Lama, Chittagong Hill Tracts, which was also named as "Sattar Match Works" and which being under the same management also used the......ommon judgment and order dated 16th August, 1990 passed by a Single Judge of the High Court Division in a proceeding under section 46 read with section 72 of the Trade Marks Act, 1940 (hereinafter called the Act) being Matter No. 44 of 1988. The appeals have been heard together and will be dispo......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)
....Justice, Bangladesh Secretariat, Dhaka and another .....................Respondent Judgment March 16th, 1992 Lawyers Involved: Shamsuddin Ahmed, Advocate (appeared in person) ‑ For the Appellant. Aminul Haque, Attorney‑ General, (AW Bhuiyan, Addition......ellant was entitled to practise before the Appellate Division of the High Court of Bangladesh and that his right to practice continued till 16th December, 1972. With effect from that day, which is called the commencement of the Constitution the provision of Article 7(3) of PO No. 150 of 1972 cam...... 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
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ich they got settlement and established their shops. Having learnt that the Dhaka Municipal Authorities were going to demolish their shops they filed the suit for declaration of their title; they also prayed for temporary injunction against apprehended demolition of their shops. A show‑caus......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. ......isbelieving the contempt petition is that had there been any violent demolition of the shops the appellant would have filed 'ejahar' with the Police or instituted a suit for recovery of damage and loss due to the demolition. These are mere conjectures. In the GD Entry and in the petition to the ..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....er for bail whereupon the appellant moved the High Court Division under these section 498 of the Code of Criminal Procedure as already referred to above. Having been unsuccessful the there also the appellant came to this Division and has obtained leave to appeal from the impugned judgments......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. ......of the Bangladesh Shipping Corporation and another collusively made a deal and that the appellant in particular by abusing his power and position helped them in the transaction and thereby caused a loss of Tk. 29,56,98,000.00 to the Government. Thus he committed offences under sections 409/406/4..Category: Constitutional Law | Date: | Hits: 150
....ppointed under Rule 2(e) are the agents of the Government for the administration of Class B (4) category of land. They hold a position of official independence from the Military authorities and are also officially independent of the Cantonment Boards and are subject to the orders of the Central Gove......nt of Bangladesh by virtue of an agreement for sale dated 13.9.77 can be evicted under section 3 of the Central Government Lands and Buildings (Recovery of Possession) Ordinance, 1965, herein briefly called the Ordinance.
47. Facts are not at all in dispute in appeal. I need not write in deta......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
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... Division dated 1 September 1987 disposing of Criminal Appeal No. 110 of 1985. The appeal was from the Session Judge's order in Sessions Case No. 36 of 1984, Patuakhali, convicting five accused persons (respondents Nos. 1‑5 in this leave petition) and sentencing them to transportation for ......' of the makers of the laws and the "hardship' created for the public by such laws as introduced by him in the instant case are necessary for the disposal of this appeal nor this court was called upon to express its opinion on such matter. It is unintelligible to me, sitting in a Divisi...... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ..Category: Criminal Law | Date: | Hits: 92
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
...., 84, 740.89 and requested the Controller of Movement and Stores, Ministry of Food (appellant No. 4) to pay this amount. The Controller first accepted the claim and, as appears necessary fund was also placed at his disposal by the Ministry for payment of the octroi. At a later stage, the Control......ly the fringe or branch of the matter. In the instant case, production of a certificate to the effect that the property will be used for official purpose only goes to the matter of levying the tax called octroi. The rule does not cast any duty upon the tax‑collector to find out the purpose......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
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....rt whereby the judgment and decree of the trial Court was reversed arising out of a suit for simple partition. 2. The case, of the plaintiffs, inter alia, was that Jinnat Ali, predecessor of the plaintiff respondent Nos. 1 and 2 and others was 16 annas owner of suit property No. 1 m......vidence Act left those out of consideration as the learned Single Judge of the High Court Division was of the opinion that those documents were not admissible in evidence as the originals were not called for. Mr. SR Pal, learned Advocate appearing for the defendant appellants rightly argued that......, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....d possession of the suit land. Abdul Hakim and others never left for Arakan. The alleged pattadars from Badruddoza never possessed the suit land on the basis of any patta. As such by purchase from some of them, the plaintiff also did not acquire any right, title and interest in the suit land and......by way of coming to a finding of fact, states, "Now it appears that the contesting defendants, after they gave up their possession in favour of the landlord ... .... etc." This is what is called begging the question. 15. Thus the lower appellate Court completely missed the real ......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....ff’s case, inter alia, is that his grandfather Hara Nath Sarkar was owner to the extent of 1/3rd share in the aforesaid joint property measuring 12.91 acres. Hara Nath died leaving plaintiff, son of his predeceased son Jogendra Nath Sarker and three other sons, namely, Manik Sarkar, Nagend......first have maintained his action to a successful result". 13. The principle of law referred to above cannot be disputed but in the facts of the present case it cannot be usefully called in aid. We shall presently see why. 14. Mr. Ozair Farooq, learned Advocate̴......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 77
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....ary for, each completed year of service or part therefor. 7. Cyclone/Flood Loans: All deductions to be waived as gesture to mitigate the suffering of the staff concerned and also granted 15 days gross salary as relief for House Building to the permanent staff”. ...... 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. ......e, a non‑resident Company, a subsidiary of Mackinnon and Mackenzie Co. Ltd. closed down its business in Bangladesh with effect from 1.10.1972. On 11.12.73 it submitted an assessment showing a loss of Tk. 27,015.00. On 20.6.1977 it submitted a revised return showing an enhanced..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ut in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tribunal The power to create an appellate forum can be found from the proviso to Article 117(2) of the Constitution and the Supreme Court was not the only appellate forum inte......e it is a body to which a matter is referred by another body. An administrative tribunal may act judicially, but still remain an administrative tribunal as distinguished from a Court, strictly so called. " 30. Both the Bench and the Bar in the countries where English common law system had an...... 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
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
....Court Division. In the Constitution of the People's Republic of Bangladesh, in Article 65, for clause (3) the following was substituted by the impugned amendment: "(3) Until the dissolution of Parliament occurring next after the expiration of the period of ten years beginning ......sively for women has destroyed the principle of democracy as expressed in the Preamble, in clause (1) of Article 7 and Articles 8 and 11 of the Constitution. A system of indirect election cannot be called undemocratic. It is provided in the Constitution itself. The amendment is not also violative...... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 191
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....on purchased in Rent Execution Case No. 533 of 1933 in the benami of Krishna Lal Kundu, father of plaintiff No. 2 The plaintiffs' case is that after the auction purchase plaintiff No. 1 leased out some portion of the suit holding to Afser Ali Akon and others on 2nd May, 1939 on receipt of kabuli......The Government, appellant before us, contested the suit asserting, inter alia, that Krishna Lai Kundu was the real auction‑purchaser of the suit property and not a benamder, that the so‑called deed of release was in fact a deed of transfer; and that as plaintiff No. 2 in contravention....... 2 on demand of plaintiff No. 1. It is a registered document valued at Tk. 2000.00. Plaintiff No. 2, the promisor agreed to compensate plaintiff No. 1, the promisee, in case the latter suffers any loss, and held out that on the basis of the document plaintiff No. 2 shall have the right to get h..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....ed the same by purchase on 21.4.1914. The joint properties of three brothers were amicably partitioned and the suit property fell in the saham of Abinash Chandra Mitra who died leaving behind three sons, defendant Nos. 4-6 (respondents 3‑5) the Mitras, who transferred the suit property to ...... defines "Exchange". It says when two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only; the transaction is called an “exchange". An exchange is a mutual transfer between two persons of the owners......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
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....nder section 145 of the Code of Criminal Procedure and is directed against the judgment and order dated 27 June, 1989 passed by a Division Bench of the High Court Division, Dhaka making the Rule absolute in Criminal Misc. Case No. 44 of 1987 and quashing the proceeding in question. 2. Fa...... ends of justice which, in our opinion, is ordinarily relatable to an exercise of authority without jurisdiction. It will be, therefore, in a very rare case, that the High Court Division will feel called upon to exercise its jurisdiction under section 561 A when the party has already exhausted t...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....n further fresh evidence after about 16 years of the filing of the appeal. 2. Material facts necessary for the disposal of the present appeal are that late Ekram Miah Chowdhury, the predecessor‑in‑interest of the principal respondent Nos. 1(a) to 1(j), as plaintiff brought oth......sp; Ed. ......were recorded." The learned Advocate submitted that unless the plaintiff appellants were allowed to examine fresh witnesses their case would remain not proved and they would suffer irreparable loss. The learned Judges being apparently impressed by the said submission, by the impugned judgmen..Category: Procedural Law | Date: | Hits: 122
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