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Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... had illegally occupied the lands of the plaintiffs. After their death they were substituted by their heirs." The defendants entered appearance and filed written statements claiming, inter alia, that they are owners in rightful possession of the said lands, and denied ...... of 1988. On a report by Mr. AKM Fazlul Karim, the Subordinate Judge, Third Court, Dhaka, the High Court Division issued a Rule upon the appellant to show cause as to why he should not be committed for contempt of Court for publishing and making comments in the Bangladesh Observer dated February......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....eference on 11.10.88 and after obtaining some extensions from the Court completed the arbitration proceedings and announced his award on 20.5.89. It was an exhaustive proceeding in which statement of claim and written objection were filed, witnesses were examined and a plethora of documents were sub......ption the award could be remitted under section 16 of the Arbitration Act to the learned Subordinate Judge and as to whether the High Court Division failed to notice that the contract itself provided for payment of interest denied to the appellant by the High Court Division. 3. The respondent...... 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)
....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. ......ess 9 kathas of land at Gulshan Residential Area, Dhaka at a consideration of Tk. 2,05,000.00 if paid in lump or Tk. 2,35,000.00 if paid in 4 successive annual instalments was issued to him by the former DIT on 14.9.79. On payment of one instalment on 8.10.79 respondent No. 4 was given possessio......d upto 25.8.86 upon the prayer of respondent No. 4. Within the extended time respondent No. 4 executed and registered a sale deed on 28.6.86 containing therein references to both the consideration money of Tk. 9,00,000.00 and the transferee's agreement and undertaking to abide by all the terms a..Category: Property Law | Date: | Hits: 110
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....his judgment and order dated 12.3.91 made the rule absolute and set aside the order of the learned SCC Judge on the ground that the right of a monthly tenant being not heritable the appellants cannot claim to have inherited the interest of the deceased judgment‑debtor. The learned Judge also held ......table. 2. The predecessor of the respondents as plaintiff‑landlord obtained an ex parte decree on 14.7.84 in SCC Suit No. 13 of 1983 of the Court of Small Causes and First Assistant Judge, Dhaka for eviction of the predecessor of the appellants as tenant. The decree was executed on 22.9.84 by e......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ..Category: Tenancy Law | Date: | Hits: 90
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....ive at the time of Kashem's death. A Succession Certificate Case (No. 532 of 1984) was filed in the Third Court of Subordinate Judge, Dhaka, by the petitioners. Respondent, Nazma Begum appeared and claiming to be one of the heirs of her grandfather filed an application to be a party to the Succes......gment August 16th, 1992. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Petitioners. Not Represented - For the Respondent. Civil Petition for Leave to Appeal No. 232 of 1991. (From the judgment and order dated 6.3.91 passed by t......oners. Respondent, Nazma Begum appeared and claiming to be one of the heirs of her grandfather filed an application to be a party to the Succession Certificate Case, she claimed 1-1/13 share in the money under the Succession Certificate Case saying that had her mother been alive at the time of he..Category: Others | Date: | Hits: 93
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....ent: Mustafa Kamal J.- In Money Suit No. 186 of 1978 of the 3rd Court of Subordinate Judge, Dhaka, the plaintiff Gazi Abdur Rashid claimed Tk. 35,31,911.00 with interest from 1.10.77 @ 15% against the defendants, but the trial Cou......CA No. 61/90 and respondent Nos. 1-3 in CA No. 68/90. 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) - F......m your Khulna Branch against our prior payment on prorate basis." 4. The plaintiff sent his afore‑mentioned authorised representative Saleh Ahmed, defendant No. 7, with money to Khulna to deposit Tk. 7,00,000.00 for clearing goods, to maintain liaison between defendan..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....on proper premises, but the same does not, however, call for interference because it was in the discretion of the learned Judge to make the respondent a party in the revision case on the basis of his claim that he is an yearly lessee of the Government in possession of the disputed land. We do not th......en at the revision stage in a proper case and the minimum that is required to be found in such a case is that the presence of such a party is necessary within the meaning of Order 1 rule 10(2) CPC or for the ends of justice............(8) Lawyers Involved: TH Khan, Senior Advocate, (SK Sinha, ......on 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 plaintiff the new transferees of the suit lan..Category: Property Law | Date: | Hits: 67
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....thin one year from the date of agreement Rajeshwar instead of selling the property returned the advance purchase-money along with compensation then the appellants will accept the same and forsake the claim for sale. On 3.9.57 Rajeshwar sent a lawyer's notice to the appellants stating that he was una......Order dated 24.11.85 passed by the High Court Division, Barisal Bench in Civil Revision No. 311 of 1981) Judgment Mustafa Kamal J.- This is the plaintiffs appeal by leave arising out of a suit for specific performance of contract, Title Suit No. 253 of 1959 of the 1st Court of Subordinate Jud......reement Ext.1 on 7.9.56 and it was registered on 9.9.56. 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..Category: Property Law | Date: | Hits: 82
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. ......ected against a concurrent Judgment refusing to reject the respondent’s plaint under Order VII, rule 11 of the Code. 2. The plaintiff-respondent instituted Money Suit No. 272 of 1983 before the Third Court of Subordinate Judge, Dhaka asserting, inter alia, that the defendant, a tradi......ing the offer the plaintiff opened on 12th March, 1982 a Letter of Credit with Rupali Bank, Dilkusha Branch, Dhaka. The defendant by submitting documents against the Letter of Credit received the money from the corresponding Bank, Sonali Bank, in London. On the defendant’s acceptance of t..Category: Business or Commercial Law | Date: | Hits: 124
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....e common object to kill the labourer and in prosecution of that common object, four of them caused the death of Giasuddin. The defence case is that the land was in possession of the petitioners who claimed their title from the original C.S. recorded owners, Zuna Ram and Zeen Ram and that it was ......ved: Sirajul Huq, Senior Advocate, Supreme Court, instructed by Md. Nawab Ali, advocate-on-Record- For the Petitioners. Not Represented -For the Respondent. Criminal Petition for leave to appeal No. 17 of 1992. (From the judgment and order dated 22‑1‑92 ...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....IC for management. 17. Although both the industrial units were using the trade mark "Cock" both before and after the coming into force of PO No. 16 of 1972 neither had independent claim to the said trade mark, for, the trade mark was registered in the name of the proprietors wh...... read with section 72 of the Trade Marks Act, 1940 (hereinafter called the Act) being Matter No. 44 of 1988. The appeals have been heard together and will be disposed of accordingly. 2. The aforesaid proceeding was initiated by M/s Sattar Match Works (at Aziznagar, PS Lama, Chittagong Hill......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
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....f the Appellate Division of the Bangladesh High Court from 3 August 1972. The Appellate Division was vested with same powers and functions as of the erstwhile Pakistan Supreme Court. The appellant claimed that he was entitled to practise before the Appellate Division. The Constitution of Banglad......p; Shahabuddin Ahmed CJ: In this appeal by special leave the question is whether the appellant, who was an Advocate of the High Court of Bangladesh immediately before the 16th December, 1972, is entitled to practise, by operation of law, before the Appellate Di...... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ..Category: Others | Date: | Hits: 92
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....t of 21.10.88, perused the status‑quo order, 'tore it into Pieces, Pressed the pieces under feet and asked his men to demolish the structures within 24 hours? However good the contemner may claim himself to be, how this allegation against him can be disbelieved unless evidence is recorded...... to Shahjadi Begum Wakf Estate from which they got settlement and established their shops. Having learnt that the Dhaka Municipal Authorities were going to demolish their shops they filed the suit for declaration of their title; they also prayed for temporary injunction against apprehended demol......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
....nds that it is possessing the land on the basis of an agreement for sale dated 13.9.77 (Annexure 'D') entered into between it and the Government in the Ministry of Industries, that it had a bona fide claim of right to possess the land, that it is neither a lessee under the Government (in the Ministr......
Mustafa Kamal J.- The appellant, a Private Limited Company incorporated in Bangladesh under the Companies Act, 1913, is in possession of an industrial unit, namely, a drum manufacturing factory formerly belonging to M/s Drums Metal Ltd., located at Airport Road, Tejgaon, Dhaka on a leasehold l...... the factory with the assurance that the lease-hold interest in the land would be extended for 20 years, the appellant reasonably put confidence in such a sale by the Government and invested his good money therein and went into possession.
60. Drums Metal Industries Ltd. by operation of law a..
Category: Property Law | Date: | Hits: 68
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
.... field from where some blood stained earth and grass were seized by the Police Officer under Exhibit‑2. This has been proved by PW 14. There is no evidence whatever in support of the defence claim that any marks of violence were found in the house of Badsha Mia. On the contrary, dead bodie...... is not proper and that miscarriage of justice has been caused by failure of the trial Judge to try this case, along with its counter‑case, according to the established practice and procedure for trial of cross‑cases. 2. The prosecution case (Sessions Case No. 42 of 1985, Fari......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
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....see levied Octroi on these goods at Tk. 13, 84, 740.89 and requested the Controller of Movement and Stores, Ministry of Food (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......in question is whether the "certificate", as required of that the appellants, under Rules that the goods in from question are Government properties and that these that goods are intended for "consumption or use for official purpose only" is mandatory, or mere directory. In ot......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)
....icate 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 appellate Court held that the suit land was attr......Judge of the High Court Division, Chittagong Bench, affirmed those of the first appellate Court by judgment and decree dated 16‑1‑85. 5.The plaintiff‑respondent's suit was for declaration of tide and confirmation of possession or alternatively khas possession in the 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. ..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....ion of the contesting defendant for more than 12 years. 2. Leave to appeal was granted to consider the submission that the finding was bad in law and on fact. 3. Plaintiff claims 1/3rd share which comes to 4.30 acres out of the partible property measuring 12.91 acres as ......ourt Division, Rangpur Bench in FA No. 140 of 1976) Judgment: ATM. Afzal J: Plaintiff‑appellant brought a suit for partition, No, 39 of 1968, in the Court of Subordinate Judge, Bogra which was dismissed and on ......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)
....ea 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 aforesaid. The said suit is ......ral, M Shamsul Alam, Deputy Attorney‑General, B Hossain, Deputy Attorney‑ General with him) instructed by Sharifuddin Chakladar, Advocate‑on‑Record ‑For the Respondent. Criminal Petition for Leave to Appeal No. 8 of 1992. (From the Judgment and Order dated 21.1.1992 passed by the Hi......g on the allegations brought against the petitioner in the Special case and the petitioner would stand to suffer grievously at the trial if the judgment were to be delivered without a decision in the money suit. He submitted that, at any rate, the delivery of judgment should have been stayed for a l..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....produce other necessary papers. 3. A copy of a Memorandum of Agreement between the Management and Staff of the Company was however produced by the assessee in support of the company's claim of business expenditures on two counts, a sum of Tk. 2, 15,759.00 and another sum of Tk. &nbs......759.00. In support of the revised return neither the statement of accounts, nor the statement of debits and credits of account, nor the books of accounts and other supporting papers were produced before the Deputy Commissioner of Taxes, Companies Circle III, Chittagong, in spite of the requisitio...... 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
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