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Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ......subordinate Court to carry out that order and it cannot take up the plea that as the order had not been officially communicated it was at liberty to ignore it. 13. It is a well‑settled principle that in a contempt matter there cannot be both justification and apology. By filing a se...... Respondent No. 4. Moazzem Hossain, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent Nos. 5-6. Contempt Petition No. 1 of 1990. (Application for Contempt of Court arising out of an order dated 25.1.90 passed by this Court in Civil Petition ...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ..Category: Property Law | Date: | Hits: 98
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. ......p; Shahabuddin Ahmed CJ: In this appeal by special leave the question is whether the appellant, who was an Advocate of the High Court of Bangladesh immediately before the 16th December, 1972, is entitled to practise, by operation of law, before the Appellate Di......t further provided in Article 6A (4) that "all rules of the erstwhile Supreme Court of Pakistan shall continue in force with necessary modification and shall apply in all cases of hearing and determination of the appeals and petitions transferred to the Appellate Division". It is clear..Category: Others | Date: | Hits: 92
....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:
......leaded its own ouster from the clutches of the Ordinance. The High Court Division was clearly unable to comprehend the nature of the petition preferred by the appellant and was wrong in importing the principle of mandamus in a writ petition of the present character. The writ petition was clearly mai......
Mustafa Kamal J.- The appellant, a Private Limited Company incorporated in Bangladesh under the Companies Act, 1913, is in possession of an industrial unit, namely, a drum manufacturing factory formerly belonging to M/s Drums Metal Ltd., located at Airport Road, Tejgaon, Dhaka on a leasehold l......hether before or after the commencement of this Ordinance, of the period of any lease or licence in respect of any land or building of which the Central Government is the lessor or licencee or on the determination of such lease or licence on the ground of breach of any covenant imposing an obligatio..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... 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. ......n the defendant's (1975), the defendant's sale‑deed relates back to the bainapatra dated 30.12.72. The defendant's sale‑deed will prevail over the plaintiff's. It was also held that the equitable principle of section 53A of the Transfer of Property Act can be invoked by the defendant for protect......ppeal No. 5 of 1986 (Review against the Judgment and Order dated 20.7.87 passed by this Court in Civil Appeal No. 5 of 1986). Judgment Mustafa Kamal J: This is plaintiff’s appeal by leave for review of a judgment of this Court dated 20.7.87 in Civil Appeal No. 5 of 1986, reported in 40 D...... 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
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... 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. ......rding various laws of the land in this particular case and thereby questioned the wisdom of the law makers on various laws with which he was not at all concerned in this appeal. It is the cardinal principle of administration of justice that a judge must have freedom and independence of judgment....... AW Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate‑on‑Record‑ For the Petitioner. Not represented ‑Respondents. Criminal Petition for Special Leave to Appeal No. 57 of 1988 (From the judgment and order dated 1.9.87 passe...... 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
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....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. ......reover, the cause of his death is not disputed either. 9. Now the question is how far the evidence of the witnesses declared hostile by the prosecution can be relied upon. There is a general principle which prohibits the prosecution to cross‑examine their own witnesses, since these w...... is not proper and that miscarriage of justice has been caused by failure of the trial Judge to try this case, along with its counter‑case, according to the established practice and procedure for trial of cross‑cases. 2. The prosecution case (Sessions Case No. 42 of 1985, Fari......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
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....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. ......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. ......Judge of the High Court Division, Chittagong Bench, affirmed those of the first appellate Court by judgment and decree dated 16‑1‑85. 5.The plaintiff‑respondent's suit was for declaration of tide and confirmation of possession or alternatively khas possession in the land...... Whereas the lower appellate Court on consideration of the oral and documentary evidences found that the trouble arose in 1956‑57, when the defendants went into possession. This is a factual determination by the lower appellate Court and the appellate Court believed this material aspect re..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....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. ......sted in the executor, Madan Sarker, and there was no question of the uncles of the plaintiff or the contesting defendant's father to continue as co‑sharers with the plaintiff. Therefore, the principle of specific plea of ouster of a co‑sharer does not arise in the present case. ......ourt Division, Rangpur Bench in FA No. 140 of 1976) Judgment: ATM. Afzal J: Plaintiff‑appellant brought a suit for partition, No, 39 of 1968, in the Court of Subordinate Judge, Bogra which was dismissed and on ......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
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......e disputed that granting of stay is a matter of discretion for the court and it cannot be claimed by a party as a matter of right. Discretionary jurisdiction in such matters is exercised on equitable principles and one such principle is that delay defeats equities and there must be bonafides in the ......ral, M Shamsul Alam, Deputy Attorney‑General, B Hossain, Deputy Attorney‑ General with him) instructed by Sharifuddin Chakladar, Advocate‑on‑Record ‑For the Respondent. Criminal Petition for Leave to Appeal No. 8 of 1992. (From the Judgment and Order dated 21.1.1992 passed by the Hi......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... 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. ...... ascertained and enforceable liability by virtue of the agreement, and the expenditures were incurred for the business during the relevant previous year. 11. It is a well‑settled principle of law that in Income‑Tax matters it is for the Tribunal to decide questions of fa......759.00. In support of the revised return neither the statement of accounts, nor the statement of debits and credits of account, nor the books of accounts and other supporting papers were produced before the Deputy Commissioner of Taxes, Companies Circle III, Chittagong, in spite of the requisitio...... 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)
.... 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. ......epublic of Bangladesh, 1972, Articles 102, 117 & 117(1) The Administrative Tribunal Act, 1980 (Act VII of 1981), Sections 2, 3, 4 and 5 Interpretation of the Constitution It is a settled principle of interpretation that an expression used in a constitutional enactment conferring legisla......any narrow or restricted sense, but 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 ......m the judgment and order dated 12th December, 1990 passed by the High Court Division Dhaka in Writ Petition No. 773 of 1989). Judgment MH Rahman J.- These three certificated appeals call for determination of a common question whether in view of clause (5) of Article 102 of the Constitution ..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... 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. ...... and 122(1) of the Constitution. 6. The petitioner next contends that the impugned amendment by providing for indirect election for the scats reserved exclusively for women has destroyed the principle of democracy as expressed in the Preamble, in clause (1) of Article 7 and Articles 8 and ......General and Sharifuddin Chaklader, Assistant Attorney‑General, with him), instructed by Mvi. Md. Wahidullah, Advocate‑ on‑ Record ‑For the Respondents. Civil Petition for leave to appeal No. 49 of 1992 (From the judgment and order dated 28th November, 1991 p...... 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
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....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. ....... On appeal the learned 'Additional District Judge agreed with the aforesaid findings of the trial Court and relied upon the same decisions. Additionally, the lower appellate Court held that on the principle of natural justice the plaintiff ought to have been issued with a show cause notice befo......affirmance of those of the learned Subordinate Judge, 3rd Court, Dhaka dated 31.10.89 in Title Suit No. 169 of 1984, decreeing the suit. 2. Respondent No. 1 as plaintiff instituted the suit for a declaration that the order of dismissal from service passed by defendant No. 1 Appellant Jamu......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
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......n adopted here in the case of Goroo Doss Roy Vs. Issur Chunder Bose 32 WR 247 as well as in other cases. "Tenant stealing for the landlord" has been held to be the doctrine upon which the principle enunciated is based. 12. It will be seen that the principle is not of an absolut......rrent decree of the courts below and dismissing the plaintiff’s suit, Title Suit No. 89 of 1964. 2. The said suit in the Additional Court of the Assistant Judge, Sylhet Sadar, was one for declaration of title and khas possession in respect of ‑/4/‑ annas share (schedule......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......perty and imposition of fine on the transferor have been provided in section 6 of the Act. It is true that a penal provision in a statute is to be construed strictly, but it is also an established principle of construction that if the intent of a provision in a statute is clear then it must be g......No. 295 of 1969). Judgment: MH Rahman J: Respondents filed Title suit No. 21 of 1966 for a declaration that the order dated 17th December, 1963 of the Additional Deputy Commissioner (R......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... 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 ......as to who is in physical possession of the subject of the dispute and not who is entitled to such possession. In other words the section is not concerned with the niceties of title. 14. The principles referred to are not in dispute. The question is whether the High Court Division was just......tter and submitted a report in Non FIR Case No. 50 dated 19.3.84 giving rise to Non GR Case No. 77 of 1984. In the said report it was stated that upon investigation it transpired that the wife of aforesaid Ali Akbar, Amena Khatun had purchased the disputed land by kabala and been possessing the ......not the case of the first party that they were his bargadars on the date of the proceeding. 15. In this back ground the learned Magistrate in his judgment considered the material points for determination as to "actual possession" of the land and apprehension of breach of the pea..Category: Criminal Law | Date: | Hits: 53
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. ......int mess with donor Keramat. In view of the admitted position that plaintiff was a minor at the time of the gift, we are to consider the question of incompleteness of the gift, keeping in view the principle of Muslim Law as to gift to a minor by his guardian. We may refer to section 155 of Mulla......in Second Appeal No.906 of 1968 allowing the appeal and setting aside the judgment and decree of the first appellate court reversing the judgment and decree of the trial court arising out of a suit for declaration of title and recovery of khas possession. 2. Plaintiff claims title in the ......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
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ...... amendment was made in section 36 of the IRO and the Labour Court is left to deal with an application under section 34 in consonance with the acknowledged judicial norms of adjudication including the principles of natural justice. 15. In some of the decisions of the High Court Division and in the......rder dated 10th July, 1986 passed by the High Court Division, Dhaka in Writ Petition No. 547 of 1985). Judgment MH Rahman J: Respondent No.2 instituted industrial Relations Case No.73 of 1985 before the First Labour Court, Dhaka under section 34 of the industrial Relations Ordinance, 1969, in ......strial dispute, all the powers of a civil Court under the Civil Procedure Code but only such of them as may be described as procedural, i.e. such as are required "for the purpose" of adjudication and determination. Now, it is clearly not necessary in order to be able to adjudicate or determine a dis..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......f appeal which is pending subject to the limitation that the appeal itself is not disposed of in the meantime on merit whereupon he loses his right to pursue the Miscellaneous Case because on the principle of merger the decree of the trial court merges into that o the appellate court."&nb...... MH Rahman J.- On 7th December, 1991, appellant instituted Title Suit No.874 of 1979 in the First Court of Subordinate Judge, Dhaka for specific performance of a contract for exchange of property. The suit was decreed ex parte on 1......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....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. ......r the execution of sentences passed by the Military Courts. If we compare clauses (j) and (k) with (l) and (m) of the proclamation it will appear that in providing procedures for the execution the principles of classification of offences like cognizable or non‑cognizable, and their trial b......the appellant challenged the detention of her husband, Abdul Kader Siddiqui, by an order dated 13th January, 1991 under section 3(1)(a) of the Special Powers Act, 1974. Her case, in brief, is that for recognition of his contributions in the liberation war the detenu was awarded the second highes......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. ..Category: Constitutional Law | Date: | Hits: 365
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