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Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
.... immediately. Ed. ...... and in possession of the complainant and his three co-sharers, all residing in the same homestead, had been sold at a small amount of Tk. 40.000.00 whereas, the market value of this land was over ten lac taka. Complainant alleged that he and his three co‑sharers purported executants&......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....on), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 664); Comptroller and Auditor General vs. Jagannath, AI......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner (In Civil Petition No. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-operaÂtive, (Local Government Division), Government of Bangla......from the British, the local government bodies, particularly the District Boards and Municipal Committees were superseded by the Government very often, not so much on the ground of inefficiency, mis‑management or lack of finance, as on political grounds or personal rivalries. If the Chairman of a l..Category: Constitutional Law | Date: | Hits: 655
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam and Zakir Ahmed, Advocates with him) instructed by Md. Aftab Hossain, Advocate-Âon-Record -For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on -Record......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...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....third person and the loss if any must fall on one whose conduct made possible the wrong‑doer's act. 10. Mr. A J Mohammad Ali, learned Counsel for the respondents, submits on the other hand that the appellant is not as innocent as he pleads as is borne out of the records. He had also......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......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the accused an opportunity to defend himself witnesses should be examined in his presence and he should be allowed to cross‑examine the witnesses. 5. Mr. Khalilur Rahman, on the other hand, as examined that after two Preliminary enquiries, a thorough enquiry was held by a Committee ......ger of People's Jute Mills at Khulna on grounds of misconduct. Leave was granted by us to see whether the High Court Division duly considered the questions raised in the writ petition namely, the Government Servants (Discipline and Appeal) Rules, though applicable to the appellant's case, were n......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
.... Dr. Rafiqur Rahman Senior Advocate instructed by Miah A Gafur, Advocate-on-record - For the Respondent No. 1 in CA No. 61/90 & for the appellant in CA 68/90. Ranesh Chandra Maitra, Advocate-on-Record (absent) - For the Respondent No. 4 in CA No. 68/90. ......nt credited to the plaintiff’s account @ Tk. 90.00 per bag. 5. It is the further case of the plaintiff that after the delivery of 2,308 metric tons of salt, defendant No. 3 handed over to him 5 barge receipts of 942 metric Otis of salt. The salt was lying in the barges of defen......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha BeÂgum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others…………………… Respondents Judgment April 23, 1992. Lawyers Involv...... It was agreed that the sale deed would be executed within a year after obtaining permission and on receipt of the balance of the consideration money and that possession of the property would be made over thereafter. The appellants tendered the balance amount of the consideration money but Rajeshwar......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....) shows that the injuries were mainly multiple swelling with ecchymosis on various parts of the body of the victims. Alleged penetrating wound on the scalp of Montajuddin and fracture of the right hand of Shahajuddin which he described as grievous cannot be accepted in the absence of proper evid......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. ......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)
....991) Judgment March 4th, 1992. Lawyers Involved: M Zahir, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant (In CA 100/1990) Khandker Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, A......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...... 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 same trade mark 'Cock" on its match boxes. The two factories under t..Category: Intellectual Property Law | Date: | Hits: 227
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....on the 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 stat...... 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 ......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
....ase of the 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 ......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......l be administered, controlled, managed and disposed of, by transfer or otherwise, in accordance with the provisions of this Order". As M/s Drums Metal Ltd. was an industrial undertaking, its control, management and disposal was placed under the Ministry of Industries as per Rule 6 of the Bangladesh ..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....ck to the date of agreement of the bainapatra which does not convey any title in favour of the promisee. 11. Dr. Kamal Hossain, learned Counsel for the defendant‑respondent, submits on the other hand, that this Court had thought fit to give an extended and liberal application of section 47 whic......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...... 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
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....n this case, evidence of PWs 2 and 3 shows that both the dead bodies of persons, who were antagonistic to each other, were found together in close proximity in or near the boro field. On the other hand, there is nothing to support the defence version of the case that Idris Fakir had been killed ......hers, such as Abdul Hamid (father of appellant's‑Siddique Munshi), Taher Uddin, Rashid and Danesh but that the complainant's party (deceased Idris and his brother PW 1) also claimed it, that over. this land the accused persons had instituted two criminal proceedings, one under section 107......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)
....duct of the landlord, namely, the settlement with proforma‑defendant Nos. 21‑30 stand proved by the pattas Ext.5 series, Touzi Ext. 3 series and Bakijai Ext. 4 series, which are in the handwriting of Badruddoza Chowdhury. The lower appellate Court held that from the evidence of the p......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......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
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....l should not proceed to the peril and prejudice of the petitioner pending disposal of the money suit. We are told that the petitioner has not yet riled his written statement in the suit. On the other hand, he produced considerable evidence at the trial. It will not therefore, be wrong to say that th......Dhanmondi Residential Area for the Jatiyo Party office. The Jatiyo Party filed a Money Suit, No. 16 of 1991, in the 3rd Court of the Subordinate Judge, Dhaka on 9.2.91 against the petitioner and the Government of Bangladesh claiming a sum of taka two crores which was kept with the petitioner as afor......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. ......s a precondition to commence or for carrying on of a business, it may comprehend many other acts incidental to the carrying on of a business." 14. It appears that just to take a cover under these observations the assessee built up a case, for the first time before the Tribunal ...... 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)
....tan Vs. Mrs. AV Issacs 22 DLR (SC) 371; United Provinces Vs. Atiqua Begum AIR 1941 FC 16; JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2); State of Bihar Vs. Kameshwar Singh, AIR 1952(SC) 252; Chandra Mohan Vs. State of UP, AIR 1966 (SC) 1987; Johri Mal Vs. Director of Consolidation of Holding......te Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmu......a) the terms and conditions of persons in the service of the republic, including the matters provided for in Part IX and the award of penalties or punishments; (b) the acquisition, administration management and disposal of any property vested in or managed by the Government by or under any law i..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....ther words, Mr. Ahmed reverts back to the original defence that the law of master and servant applies in this case. 9. Mr. Asrarul Hossain learned Counsel for respondent No. 1, on the other hand, vehemently argues that the respondent is an employee of a statutory Corporation, namely, Bang......ration, Petro‑Bangla, in exercise of the powers vested in it by section 8(2) of the Petroleum Act, 1974, that one of the objects for which the Company was established was to acquire and take over all the properties, rights, interests and assets of Pakistan National Oils Ltd., that its shar......ing managed by a Management Board under the name and style of Jamuna Oil Company Ltd. After the creation of Bangladesh Petroleum Corporation Jamuna Oil Company Ltd. was placed under the control and management of the said Corporation which was defendant No. 3 in the suit and respondent No. 2 in th..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....hellip;……………………………………………………Appellant Vs. Chand Mia and others ..............................................................Respondents ......is decreed. Ed. ......obtained by playing fraud upon the Court. No summons of the said Title Suit No. 305 of 1983 was ever served upon the plaintiff. The suit property is an abandoned one and has been under the control, management and supervision of the plaintiff since 1‑1‑72 through its allottee Amiruddin..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ll who claim through them, as a physical delivery of the goods would do. And thus the possession may, in effect, be passed from one buyer pledgee, etc. to another, while the goods are still in the hands of the shipowner. The, learned Additional Attorney-General however, referred to t....... This Case is also Reported in: 44 DLR (AD) (1992) 65. ......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
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