Search Options
Judgment Advanced Search
Displaying 2861-2880 of 3093 results.
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....er three was clearly insufficient. 13. Mr. Moksudor Rahman, learned Advocate for the appellant, submitted that the High court Division upon clear misreading of evidence of PWs 1 and 3 wrongly held that none of the witnesses stated the means of recognition of the accused and the fact......order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......e has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 51
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....ds as follows: "(2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may app......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. ......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
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......ed for the appellants, has drawn our attention to Rule 7(5) of the Rules of 1976 and has argued that when the enquiry was held and the Enquiry Officer submitted his report on the basis of evidence recorded by him, the "authority" (respondent) was to consider only the report of the Enqu......ubject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 68
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. ....... The appellant has challenged this finding as totally untenable in law being not based on evidence, whereas recording of evidence was indispensably necessary. Conviction of the appellant has been recorded solely on the basis of the judgments dated 13.2.89 discharging the two Contempt Rules agai......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. ..Category: Criminal Law | Date: | Hits: 79
....tine affair. He has also given up the highly contentious claim of promissory estoppel which the High Court Division rejected. In fact leave was granted to consider (1) whether the High Court Division wrongly did not answer the moot question whether the appellant's possession of the disputed land und......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:
......vision Judgment here.
Supreme Court
Appellate Division
(Civil)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment Dir......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:
..
Category: Property Law | Date: | Hits: 68
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....ot delivery of possession. 7. Leave was granted to consider whether the High Court Division misread the sale certificates Ext. A, A(1) and the writ of delivery of possession Ext. B and wrongly held that the interest of Jinnat Ali was not extinguished for not impleading all the coR...... 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 measuring 1.46 acres recorded in CS Khatian No. 236 and owner of 15 gondas share of suit property No .2 recorded in CS K...... In the result, the appeal is allowed without cost. Ed. ......r of '72 acres in the properties of Khatian No. 236 but he fraudulently recorded his name in Khatian No. 233 as 15 gondas owner and recorded more lands in excess of his ' 72 acres in under raiyati khatian No. 236; that both the khatians are wrong and that the plaintiffs are not owners of '24 acr..Category: Property Law | Date: | Hits: 57
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. ...... in the suit land and the contesting defendants never threatened him with dispossession. These defendants have been possessing the suit land from the time of their ancestors. The suit land has been recorded in the S.A. Khatian in their names. They have sold 2 kanis of land to one Kabir Ahmed Mast......the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......t also found that there was no sale certificate and writ of delivery of possession and that Ext. 8 did not show any particulars so as to connect it with the suit land. The rate of rent of the suit khatian also did not tally with the total claim of 4 year's rent as in Ext. 8. Yet the lower appell..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....ed from bringing a fresh suit for partition upon bringing all the necessary parties on record. He, therefore, pressed this appeal mainly on the ground that the finding as to adverse possession was wrongly made. 9. Mr. Ahmed submitted that the plaintiff being a co‑sharer in the......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. ......Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Jogendra Nath alias Govinda Sarker ..........Plaintiff‑Appellant. Vs. Amulya Chandra Sarke......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)
.... 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. ......duced by the assessee in support to its claim of allowance before the taxing authorities. The Tribunal, instead of relying on assessee's own paper the Agreement, where the Director for the Company recorded his appreciation for the staff "for its loyalty and sense of duty particularly during...... Ed. ...... 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
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. ......settlement of the ‑/12/‑ annas share from Ramanath Ghosh Estate in 1321 BS and have been in possession therein since then. Plaintiff alleged that the defendants got the schedule 2 land recorded in their names and dispossessed him forcibly therefrom on 8th Baisakh, 1368 BS =21.4.1961.......ot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......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. ......rent, against Afsar Ali Akon and others, and in that suit plaintiff No. 2 was impleaded as a proforma‑defendant as his father Krishna Lai Kundu was not then alive. As the disputed lands were recorded in the name of his benamder, plaintiff No. 1 obtained a deed of release, Ext. 7 from plain...... Government of Bangladesh represented by the Deputy Commissioner, Bakerganj ..............Appellants. Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgm......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
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......efendant paid for the value of the stamp and all registration costs. Isobullah sold the suit land at an adequate price which was not more than Rs. 200/‑ at that time. The suit land has been rightly recorded in the last survey and settlement operation in the name of the defendant in his khas. 4.......Case is also Reported in: 44 DLR (AD) (1992) 83. ......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....tra, 1359 BS at a jama of Tk. 15/06 paisa and since then the plaintiff has been possessing by means of cultivation and construction of huts therein but to his utter surprise the disputed property was wrongly recorded in the name of Ananta Bandhu Sen's son and thereupon OC Suit No. 221 of 1968 was in......9 BS at a jama of Tk. 15/06 paisa and since then the plaintiff has been possessing by means of cultivation and construction of huts therein but to his utter surprise the disputed property was wrongly recorded in the name of Ananta Bandhu Sen's son and thereupon OC Suit No. 221 of 1968 was instituted......J ATM Afzal J Mustafa Kamal J Latifur Rahman J Korban Ali Talukder @ Korap Ali Talukder................Defendant ‑Appellant Vs. Abdul Jalil Sarkar and others…………….....Plaintiff‑Respondents Judgment June 6, 1991. Result: The appeal is allowed. Case Refer......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ent case for giving clearance in respect of the balance of the cement in question. This subject will be dealt with briefly hereafter but to revert to the impugned judgment it will be seen that it was wrongly held that M/s Transclear was the consignee of M/s MA Baker or that M/s MA Baker was the agen......h contract. Thus, it is apparent that the transaction of the original supplier "Transclear" and the transferee "Nidera" being one of "cash against document," in the bill of lading Transclear had been recorded as consignee, and the undelivered cement could be resold by the supplier Nidera or Transcle...... Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (In Civil Appeal No......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......r conduct, acquiesced in the sale of the property in question or waived his right to pre‑empt the sale. 2. Appellant is brother's son of the two vendors, Mariam and Alimunnessa, daughters of the recorded owner, late Abbas, who was the appellant’s paternal grand father. By two registered saleâ......owed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....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. ......der the evidence against each of the accused separately and record its finding. In this case, however, neither the Trial Court nor the High Court Division considered the evidence in that manner and recorded their findings as are required under the law. Tire learned Deputy Attorney‑General a......onviction 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
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....1A which amounts to a second revision in disguise which is forbidden. 10. Secondly, he submitted that the High Court Division in any case was wrong in quashing the proceeding because it was wrongly held that the learned Magistrate "categorically found that the 2nd party was in actual......Rahman Vs. NI Chowdhury, 35 DLR (AD) 127. The jurisdiction under section 561A cannot be invoked for the purpose of examining the correctness, legality or propriety of any finding, sentence or order recorded or passed by any inferior Criminal court which is done in exercise of revisional jurisdict......ed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......e disputed land. 1st party was in possession of the case land at the date of order of drawing up the proceeding. Hence it is ordered that 1st party is entitled to possession of the proceeding land khatian No. 526 plot No. 759 under char Iswardi Mouza measuring an area and will restore the posses..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....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. ......atun at about 8‑00 PM in the night following 22.3.85 while she was offering her Esha prayer. Police arrested the three accused persons and forwarded them to the Upazila Magistrate, Bamna who recorded their confessional statement under section 164 of the Code of Criminal Procedure. These ac......ul 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
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......gned judgment shows, to the fact "that almost all the witnesses examined earlier on behalf of the plaintiff including the plaintiff in the meantime died and as such their evidence could not be recorded although the evidence of the defendant's witnesses were recorded." The learned Advoca......bsp; Ed. ......sp; Ed. ..Category: Procedural Law | Date: | Hits: 122
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... addressed to the Superintendent of Jessore Central Jail. 6. The High Court Division discharged the Rule after finding wrongly that the detenu did not deny the order of conviction; that Annexures 1 and 2 and the warran......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. ......t: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others……......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
102410211018101710151010100910061003996994992991990989988987985983980