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Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
.... 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 impugned kab......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 InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....he appellants therein are respondent Nos. 1 and 2 in Civil Appeal No. 36 of 1991 along with the Registrar of Trade Marks and the Government as respondent Nos. 3 and 4. 4. The contest for the disputed trade mark "Cock" between the BCIC (representing Ujala Match Factory) and the n...... 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)
.... than Writ Petition No. 355 of 1985, three appeals to this Court, by special leave, were preferred from the High Court Division's judgment. These are CA Nos. 10, 11 and 12 of 1987. Those appellants disputed the, decision as to non‑applicability of the new Rules and also raised certain quest...... 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)
....ffidavit and Counter‑Affidavit along with the GD Entry and the Petition to the Police Commissioner. The learned Judges did not think it necessary to call for evidence to determine the highly disputed issues. The learned Judges said in their opinion the statement of this appellant is false ...... 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
....cancel, rescind or withdraw the same. By judgment and order dated 27.8.91 the High Court Division discharged the Rule. This appeal is by leave from the said judgment and order.
4. The disputed land measuring 3.28 acres admittedly belongs to the Government and is managed by the Minist......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)
....ellate Court. In this backdrop, the observations of the learned Single Judge of the High Court Division in the civil revisional case that "the sale deeds of the two rival claimants were not seriously disputed at the time of trial by the other claimants. The plaintiff’s title to the suit land stand......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
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....eport is Exhibit‑3, lends support to the ocular evidence of PW 1 that Idris Fakir died from a chest injury caused by a penetrating weapon like a Sokki. Moreover, the cause of his death is not disputed either. 9. Now the question is how far the evidence of the witnesses declared hosti......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
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....ed to produce any writ of delivery of possession about their alleged Rent Execution Case No. 222 of 1950 the interest of Jinnat Ali was not extinguished and Jinnat Ali had subsisting interest in we disputed property and consequently decreed the suit. The lower appellate Court accepted the correc......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)
....the holding and landlord Badruddoza never got khas possession in the same. Defendants also assert that the subsequent patta holders namely, defendants 21‑30 did not get khas possession in the disputed land and consequently the plaintiff also did not acquire any right, title and interest in......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)
....of action has accrued is to ascertain the time when plaintiff could first have maintained his action to a successful result". 13. The principle of law referred to above cannot be disputed but in the facts of the present case it cannot be usefully called in aid. We shall present......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)
....Therefore, the prayer for stay of delivery of judgment under section 344 was itself misconceived. 13. Irrespective of the question whether delivery of judgment is a part of the trial, it cannot be disputed that granting of stay is a matter of discretion for the court and it cannot be claimed by a......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)
....€‘weather remedy nor a remedy for all wrongs. It is available only when "no other equally efficacious remedy is provided by law". Delay will defeat this remedy. Directions etc. will ensue only from undisputed facts. Disputed questions of fact will not be entered into. It does not lie to enforce mere......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)
....and of schedule 1 openly and as of right since then by amicable partition among themselves and growing crops, etc. and thus they acquired title by adverse possession. Their further case is that the disputed ‑/4/‑ annas share originally belonged to one Jagat Chandra Gupta. The shebait ...... 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)
....alisation of arrear rent, against Afsar Ali Akon and others, and in that suit plaintiff No. 2 was impleaded as a proforma‑defendant as his father Krishna Lai Kundu was not then alive. As the disputed lands were recorded in the name of his benamder, plaintiff No. 1 obtained a deed of releas......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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