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Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....emption is sought to be resisted on the ground that no transfer took place under the relevant kabala. in that vendor did not part with his possession but simply made a show of transfer for any purpose, such as to put away his creditors, as in the case reported in 51 CWN 644, then such a...... 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. ......ns, Jessore passed in Civil Revision No. 1143 of 1980 reversing the judgment of the lower appellate Court which in turn set aside the judgment of the trial Court arising out of a pre‑emption proceeding under section 96 of the State Acquisition and Tenancy Act. 2. Pre‑emptor's ..Category: Property Law | Date: | Hits: 106
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....dent as already referred to above. 6. Mr. TH Khan, learned advocate for the plaintiff‑appellants, has submitted that the impugned order is ex facie bad in that it does not reflect application of any judicial mind to the relevant facts of the case and the law applicable in thematter of addition ...... Vs. Abdul Bari & others ..................Defendant-Respondents Judgment April 12, 1992. Result: The appeal is allowed. A court may, however, add a party even at the revision stage in a proper case and the minimum that is required to be found in such a case is that the prese...... regarding payment of yearly rent of the disputed property was not at all adverted to. The learned advocate also submitted that there being no finding that the respondent was a necessary party in the proceeding the order adding the respondent as opposite party in the revision case was wholly unjusti..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....e. 6. Order 22 rule 10 of the Code of Civil Procedure reads as follows: "Procedure in case of assignment before order in suit (1) in other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the court, be continued by or......t the learned Single Judge of the High Court Division failed to consider this material aspect that in the suit preliminary decree was drawn and the suit was not completely disposed of and before that stage the appellants filed the Swaranlipi in court for assignment of their shares as per the Swaranl......l lies before the District Judge filed Miscellaneous Appeal No. 22 of 1989 with a prayer for condonation of delay. The appeal was provisionally admitted by the District Judge Habiganj and all further proceedings of the execution case was stayed. The respondent moved the High Court Division in revisi..Category: Limitation Law | Date: | Hits: 175
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....ppellant in the case. 4. In the instant case, the learned Judges of the High Court Division could not point out Specifically, even after expiry of nearly 7 months from the filing of the FIR to any incriminating materials other than the FIR itself from where it could be reasonably inferred tha....... In this case we only find mere allegations. Thus, the learned Judges of the High Court Division committed an error in refusing bail to the appellant on the ground that "it is very difficult at this stage to believe that there is no reasonable ground for believing that he has not committed an offen......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 92
.... Branch, Dhaka on the detenu who received it there and as such the detenu could not go out.
7. The appellant further submitted that if it appeared to the court that he had even unconsciously shown any disrespect to the court or delayed even for a while in complying with its order then he tenders ......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed.......and sentencing him to pay a fine of Tk. 500.00 in default to suffer simple imprisonment for three (3) days.
2. The aforesaid case arose on an application filed by respondent No. 1 for drawing up a proceeding for contempt of court against the appellant and others including the Home Secretary alleg..
Category: Criminal Law | Date: | Hits: 88
Abul Khair Vs. The State, 1992, 21 CLC (AD)
.... 4. The Chairman did not die instantaneously, His son informant PW 1 Murad Hossain, night guard of the Union Parishad PW 6 Nurerzzaman, Chawkider of the Union Parishad PW 8 Amiruzzarnan and many others rushed to the plaice of occurrence immediately on hearing gunshots. Safiuddin was admini......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......dence could not be assailed in any manner. 12. Regarding circumstantial evidence several prosecution witnesses have deposed that they saw the condemned prisoner along with two other persons proceeding on a motor cycle towards the Union Parishad office at the relevant time and also heard t..Category: Criminal Law | Date: | Hits: 61
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....;holder, Opposite Party No. 3, noted strong objections on both the petitions. On 27th January, 1990 opposite party No. 4, the learned Assistant Judge, rejected both the petitions without assigning any reason. The petitioner further stated that the copies of the aforesaid letter of the learned Co......ble otherwise, that the contemner must be punished. 16. When the petitioner filed the application communicating the stay order granted by this Court the title execution case was in its last stage. The writ had already been issued to the Nazir. Opposite party No. 4 could have re‑call......e date of the service why they will not be committed for contempt for violating this Courts order dated 25.1.90, passed in Civil Petition for Special Leave to Appeal No. 283 of 1989 staying further proceeding in Title Execution Case No. 1 of 1986 pending in the Court of Assistant Judge, Kushtia ..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....n created to try cases, ordinarily known as Anti‑Corruption cases, under the provisions of the Criminal Law Amendment Act 1958. Under section 3 thereof "the Government shall appoint as many Special Judges as may be necessary to try and punish offences specified in the schedules" ......r Special Judges, whereas the Sessions Judge is the Ex‑officio Senior Special Judge. 5. Section 4(3) provides: "the Senior Special Judge may, by order in writing, transfer, at any stage of the trial, any case from the court of one Special Judge to the court of another Special &n...... Act for a reference by a Special Judge to the High Court Division. Section 6 of the Criminal Law Amendment Act however provides that provisions of the Code of Criminal Procedure shall apply to the proceedings of the court of a Special Judge "in so far as these are not inconsistent with thi..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....ccordingly. 2. The aforesaid proceeding was initiated by M/s Sattar Match Works (at Aziznagar, PS Lama, Chittagong Hill Tracts) and its owners Bhaiya Group of Industries and Bhaiya Match Company Limited (Respondent Nos. 1‑3 in Civil Appeal No. 100 of 1990) against the Bangladesh Che......r of Karim Jute Mills Ltd. (Annexure 1(g) P 398 PB) Be that as it may, it is not disputed that on the relevant date the proprietorship of the trade mark vested in the Government. 18. At this stage it may be pointed out that by an order of the Government dated 2.7.80 (Annexure 1D P390 PB) t......p; ATM Afzal J.- These two appeals by leave arise out of a common judgment and order dated 16th August, 1990 passed by a Single Judge of the High Court Division in a proceeding under section 46 read with section 72 of the Trade Marks Act, 1940 (hereinafter called t..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. ......aid order which was dismissed but on appeal the order Of removal was set aside on 12.11.86 with the observation that if the authority so desired it could reopen the departmental Proceeding from the stage of second show cause notice. The authority started the inquiry in terms of the order of the ...... 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. ..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
.... on the appellants and others on 12th November, 1985 provisionally holding them guilty of misappropriation and proposing to remove them from service. The appellants, along with others, did not show any cause as required by the second show‑cause notice, nor did they prefer any departmental a......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. ...... that the appellants and other employees as mentioned above, had misappropriated 112 cartons of Dano Powder Milk by removing them from the Corporation's godown on or about 8 November, 1981, regular proceedings were drawn against them. Appellant, No. 1 was suspended on 12 November, 1981 and Appel..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
..... The latter read the status quo order but shouted that "he was duty bound to obey the order of his Superior Authority, namely the Administrator of the Municipal Corporation and was not under any obligation to obey the order of the High Court" and saying so he (Awlad Hossain) tore the ......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. ...... and other plaintiffs sent another petition to the Sutrapur Police Station, addressing went to his house to arrest him in connection the Deputy Commissioner (South), reiterating what these contempt proceedings and having not found they had stated earlier in the GD Entry and giving him in his hous..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....e to appeal from the impugned judgments of the High Court Division on November yet 6, 1991. At the time of granting leave the appellant was ordered to be released on ad‑interim bail initially any for a period of 3(three) months. 6. Leave was granted to consider whether the High Cou...... 8. The learned Deputy Attorney‑General, however, supported the impugned judgments contending that after all it was within the discretion of the High Court Division not to grant bail at that stage. 9. When the matters were heard in the High Court Division chargesheet was not submitt......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. ..Category: Constitutional Law | Date: | Hits: 150
....ough the judgments written by my learned brothers Mustafa Kamal and Latifur Rahman, JJ; I concur with the judgment of Mustafa Karnal, J.
Mustafa Kamal J.- The appellant, a Private Limited Company incorporated in Bangladesh under the Companies Act, 1913, is in possession of an industrial unit...... itself and that whether in future the seller (Government of Bangladesh), would lawfully transfer the interest or right in the land is a matter not within the scope of this proceeding, Hence, at this stage, I think that I am not to go into the ultimate question of the legal effect of agreement itsel......ontinue to possess the "Demised Property" subject to the conditions of this Agreement."
18. The appellant has annexed Annexure E (1) to the writ petition which is a confidential minutes of the proceedings of the 6th Meeting of the Disinvestment Board held on 20.5.77 and attended only by conce..
Category: Property Law | Date: | Hits: 68
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
.... Latifur Rahman J Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others .......... Appellants. Vs. M/s. MF Limited, a Private company limited by shares........................Respondent Judgment February 10th, 1992. ......d (appellant No. 4) to pay this amount. The Controller first accepted the claim and, as appears necessary fund was also placed at his disposal by the Ministry for payment of the octroi. At a later stage, the Controller reduced the claim to Tk. 9,98,947.25 taking the ground that some of the goods......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....h dispossession. Hence the suit. 6. The contesting defendant Nos. 1, 3 and 4, heirs of original tenant Abdul Hakim and others, contended in their joint written statement that there was never any auction‑sale of the suit land and Badruddoza never obtained possession of the suit land. ......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. ......ts have their house on suit lands all along. The pattas Ext. 5 series have never been acted upon. There is no evidence of possession by the pattadars. The records of criminal cases and the revenue proceedings Ext. C series show that the contesting defendants and their predecessors were all along..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....rent persons including Akbar Ali Mondal, father of the contesting defendant, and the transferees have been possessing the respective lands obtained by such transfers. The plaintiff did not acquire any title to the suit property by virtue of the alleged will of Hara Nath which was not genuine. Th......o has not obtained probate can file a suit as plaintiff, 43 IA 113, but he must obtain probate before the decree Or even earlier it he is called to prove his representative character at an earlier stage (Williams on Executors, Vol. I, P 192, edn. 12). But an executor who has not obtained probate......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)
....in the High Court Division but the petitioner was advised (it is not said by whom) to move the same later on if the situation so demanded. 6. Admittedly the trial proceeded in the meantime and as many as 48 witnesses were examined by the prosecution. The prosecution evidence was closed on 24.9.91......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: ......ept with the petitioner as aforesaid. The said suit is still pending. 4. On 20.3.91 an application was filed on behalf of the petitioner before the Senior Special Judge praying for stay of further proceeding of the Special case pending disposal of the aforesaid Civil Suit. The learned Special Jud..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....e being no consideration of this aspect in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......tionary relief having been granted by the courts below by way of temporary injunction the High Court Division was correct in disturbing the same in revision and secondly, whether in the redemption proceeding the unregistered Ekrarnama alleged to have been executed by the plaintiffs predecessors ..Category: Civil Law | Date: | Hits: 106
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....aka 6,00,000.00 (Tk. six lacs) from the complainant on different dates in 1987‑88 and gave assurance that he would give her share in his shipping business, but subsequently the accused did not give any share to the complainant and in spite of demands by her avoided the same by various pretexts; an......ient ground for proceeding and not whether there is sufficient ground for conviction. Whether the evidence is adequate for supporting the conviction can only be determined at the trial and not at the stage of enquiry. We are of the view that there is intrinsic quality in her statement on oath and in....... Judgment Latifur Rahman J.- This appeal by the accused is directed against the judgment and order passed by the High Court Division in Criminal Revision No. 936 of 1990 refusing to quash the proceeding of Complaint Petition Case No. 844'a of 1990, pending in the Court of Chief Metropolitan ..Category: Criminal Law | Date: | Hits: 64
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