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Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......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..Category: Business or Commercial Law | Date: | Hits: 124
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......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..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... 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. ......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..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....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. ...... 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..Category: Intellectual Property Law | Date: | Hits: 227
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ......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..Category: Administrative Law | Date: | Hits: 123
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. ...... 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 ..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. ...... 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 ..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....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. ......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..Category: Constitutional Law | Date: | Hits: 150
....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:
......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..
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. ......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..Category: Property Law | Date: | Hits: 73
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., 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. ......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..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. ......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..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. ......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..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: ......delivery of judgment should have been stayed for a limited period at least giving a chance for the conclusion of the civil suit. Mr. Ahmed also submitted that the High Court Division was not right in holding that the pronouncement of Judgment was not a part of the trial, that section 344 Cr.P.C. was..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. ......disallowed by both the Deputy Commissioner of Taxes and the Appellate Joint Commissioner of Taxes. 7. On a second appeal the Taxes Appellate Tribunal allowed the assessee's claim after holding that the liabilities for the expenses accrued at a time when the business of the company w..Category: Fiscal/Taxation Law | Date: | Hits: 84
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......ked exhibits in the case. 3. This order of the trial Court was challenged before the High Court Division and the learned Judges of the High Court Division summarily rejected the application holding, inter alia, that the provision as contained in rule 18 of Order VII of the Code is direct..Category: Banking Law | Date: | Hits: 150
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. ......tionality of the provision so to the establishment of the Gun Court sitting in the three divisions‑ the Resident Magistrate's Division, the Full Court Division and the Circuit Court Division‑ the holding of the trial in camera, and the manner of sentencing under that Act. 15. It was unanimou..Category: Administrative Law | Date: | Hits: 203
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. ......t is not easy to answer such a question except at a high level of generality". (Underlined supplied). 24. In Article 135 of our Constitution a person holding any Civil post in the service of the Republic is entitled to a second show cause notice in ..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. ...... where Chief Justice Sir Richard Garth observed that there is no doubt whatever that by the English Law, an encroachment made by a tenant upon land adjoining to, or even in the neighborhood of, his holding, is presumed, in the absence of strong evidence to the contrary, to be made for the benefit..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....al Deputy Commissioner in his order (Ext. C) did not make any finding that the deed of release Ext. 7 was actually a deed of transfer although he made a finding that CP Satyendra made transfer of agricultural land by way of deed of release". From the order‑sheet (ExtR......cution 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 kabuliyat from them. He got an ..Category: Others | Date: | Hits: 178
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