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Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....r Article 52 of the Dhaka University Order, 1973 (PO No. 11 of 1973) is not efficacious, speedy and effective, that the writ petitions are maintainable and then decided the matter on merit as well as holding that the principle of natural justice was violated in this case. The learned judges, therefo......ation Centre, to appear before this Enquiry Committee, but they did not appear; on the contrary, they challenged the authority of the appellants to hold such an enquiry long after the examination was over. The Enquiry Committee held an enquiry and found substance in the allegations, in particular, t..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....dge and the impugned award. The awardee has preferred this appeal by leave therefrom. 2. Leave was granted to consider the appellant's submission as to whether the High Court Division erred in holding that the Arbitrator misconducted himself in considering the proceedings of the 87th meeting ......rth and that is why he sought for rectification of the contract by his letter dated 22.6.87. Mr. Khandker Mahbubuddin Ahmed further submits that Article 1(a) of the Tender Document does not make the covering letter dated 16.1.87, the work order, as a part of the contract. 24. It is clear, and..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....d to the question as to whether the case is a fit one for appeal to this Division. Beginning with the case of Kazi Muklesur Rahman vs. Bangladesh, 26 DLR (SC) 44 this Division has been persistently holding that there must be an indication in the certificate as to the nature of the substantial que......he did not possess any residential house or land in his name or in the name of his wife, children, dependants or in benami within the greater Dhaka city area either being allotted by DIT or by any Government Housing Estate or by Board of Revenue or through purchase or inheritance. Final allotmen..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....decisions but we find that the learned Judges failed to appreciate the facts and circumstances of this case and correctly apply the principle laid down in section 34 therein. They clearly erred in holding that section 34 was not applicable in this case. 11. Mr. SS Halder learned Counsel f......ent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh................... Appellant. Vs. Montu alias Nazr..Category: Criminal Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....ument of transfer and on that view disallowed the application for preemption. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division was correct in holding on its face value that the Muktipatra is only a deed of release and not a document of sale ...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ..Category: Property Law | Date: | Hits: 106
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....is appeal by leave is whether the learned Judge of the High Court Division acted legally and properly in adding respondent No. 1 as opposite party No. 3 in Civil Revision No. 2049 of 1990 upon merely holding that such addition will not prejudice either of the party in this case. 2. Facts of the c......his brother Abdul Malik in the revision case. It was, inter alia, stated that the respondent and his brother have been possessing part of the suit land for a long time on the basis of lease from the Government on payment of annual lease money, that inspite of concurrent decision against the plaintif..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....dge of the High Court Division heard the revision cases together and made the Rules absolute, Leave was granted to consider whether the learned' Single Judge of the High Court Division was correct in holding that Order 22 rule 10 of the Code of Civil Procedure was not attracted in the facts of the c...... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 175
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....their head office at Motijheel, Dhaka, rejected the goods and asked the defendant to take back the consignment and refund the money. 5. The trial Court rejected the defendant's prayer after holding that the question of jurisdiction did not come under the purview of Order VII, rule 11; th......l Procedure Code. It was observed: ‘‘That explanation is still good law in the sense that suits arising out of contract could still be instituted in the Court having local jurisdiction over any of the places specified in the explanation; but the explanation after it is repeated canno..Category: Business or Commercial Law | Date: | Hits: 124
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....ation of the quantum of land as mentioned in the kabala. 8. The trial Court on consideration of the oral and documentary evidences on record disposed of the material controversy in disputed holding, inter alia, that there was no over‑writing or insertion in the impugned kabala; tha......ion is the determination of the quantum of land as mentioned in the kabala. 8. The trial Court on consideration of the oral and documentary evidences on record disposed of the material controversy in disputed holding, inter alia, that there was no over‑writing or insertion in the im..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....d CJ.- In this appeal by special leave the question is whether the High Court Division correctly interpreted section 4(3) vis‑a‑vis section 10(3) of the Criminal Law Amendment Act, 1958 holding that a Senior Special Judge got no jurisdiction to transfer a case from the court of a Div...... Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh ......... ......Appellant Vs. Divisio..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
.... nor in the inventory it had been specifically mentioned that the goodwill and trade mark were also included as subjects of transfer, The learned Judge, however, found in favour of the respondents holding that the industrial unit Sattar Match Works was sold along with all its assets and properti......of the trade mark "Cock" (word and device) registered under No. 1294 in class‑ 34 in respect of safety matches in the names of the appellants. The Registrar of Trade Marks and the Government of Bangladesh (respondent Nos. 4 and 5 in CA No. 100/90 respectively) were respondents No..Category: Intellectual Property Law | Date: | Hits: 227
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
....p; ATM Afzal J : This application is from the judgment and order dated 10.5.1990 passed by the Administrative Appellate Tribunal in Appeal No. 35 of 1989 upholding those of the Administrative Tribunal dated 6.8.89 in Administrative Tribunal Case No. 172 o......tive Tribunal dated 6.8.89 in Administrative Tribunal Case No. 172 of 1988. 2. The petitioner, a former Upazila Magistrate and Officer on Special Duty, Ministry of Establishment, Government of the People's Republic of Bangladesh, appeared in Person. 3. Following dep..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
.... No. 303 of 1983. But the Respondent‑Corporation (which was the "authority" under the Rules) being not satisfied with this explanation appointed an Enquiry Officer. The latter after holding enquiry submitted his report on 5.10.1982 finding the appellants and others not guilty of ......them. Appellant, No. 1 was suspended on 12 November, 1981 and Appellate No 2 was suspended on 26 December, 1981. Formal charge‑ sheet was submitted against them on 26th April, 1982 under the Government Servants (Discipline and Appeal) Rules, 1976 for "misconduct corruption". ..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
.... be utterly reprehensible that the contemner has not realised that he had done wrong in maliciously prosecuting Awlad Hossain alias Dilip. He is still justifying his affidavit and is, therefore holding himself out as an obstinate defender. We, therefore, hold that the contemner is guilty of ...... scene, Zaker Super Market, being armed with a pistol and accompanied by an armed body of goondas and was about to start demolishing the shops. At that time the appellant ran to the spot and handed over a copy of the status quo order to the Chairman, Awlad Hossain. The latter read the status quo ..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....llowed itself to be misled in exercising its discretion properly. Secondly, he submitted that in the absence of any other material on record excepting the FIR the High Court Division was wrong in holding that the prosecution has been able to establish a prima facie case and the embargo as to gra......n 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 409/406/423/218/109 of the Penal Code read wit..Category: Constitutional Law | Date: | Hits: 150
....he premium and rent as demanded by him by his letter dated 9.3.86. The appellant filed an objection and the Certificate Officer after hearing the parties by his order dated 20.9.87 dismissed the case holding that the claim was not realisable under the said Act.
25. While the certificate proc......he land had expired on 31.3.86 and that it had not been renewed and directing the appellant to remove by 22.6.88 all the goods and machineries of the drums factory from the leasehold land for handing over the same to the Works Ministry. By a further Notice dated 18.6.88 (Annexure 'B' to the Writ Pet..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....is bainapatra but on his sale‑deed. The contract becomes executed. Section 53A is no longer available to him. He submits that this Court has committed an error apparent on the face of the record in holding that section 53A can be invoked by the defendant for protecting his possession inasmuch as s......appellant filed Title Suit No. 355 of 1976 for declaration of title and also for a declaration that the registered deed No. 12145 dated 11.7.75, by which the defendant‑respondent was claiming title over the suit land, be declared as illegal, void, etc. Later, the prayer was amended so as to includ..Category: Property Law | Date: | Hits: 73
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....e suit property Nos. 1 and 2 originally belonged to Sadaruddin, father of Khalil Patwari and Jinnat Ali on the basis of kabuliyat dated 8th Jaistha 1288 BS; that the landlord auction sold the said holding for arrears of rent in Rent Execution Case No. 64 of 1905 and one Kalimuddin auction purcha......of delivery of possession Ext. B and wrongly held that the interest of Jinnat Ali was not extinguished for not impleading all the co‑sharer landlords in the rent suit and rent execution cases overlooking that Rajkishore not Mathura Mohan was landlord at the time of auction held in Rent Exec..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....i interest under landlord Badruddoza Chowdhury who obtained a rent decree in RS No. 780 of 1934 against the tenants and in execution thereof in Execution Case No. 721 of 1935 auction purchased the holding for Rs. 25/‑. Abdul Hakim and others amicably gave up possession of Schedule 1 land a......ased by the landlord as the recital of the pattas Ext.5 shows, but it is not the plaintiff’s case that the landlord took possession thereof through Court. The manner of the landlord's taking over of possession is by way of an amicable settlement with the tenants. Their balance decretal due..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....s on Limitation and Prescription (6th Edition) Vol. 1 Lecture VI, at Page 159, quoting from Angell on Limitation, this principle is stated in the following terms: "An adverse holding is an actual and exclusive appropriation of land commenced and continued under a claim o......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
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