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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. ......Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Jogendra Nath alias Govinda Sarker ..........Plaintiff‑Appellant. Vs. Amulya Chandra Sarke......uit property by virtue of the alleged will of Hara Nath which was not genuine. The contesting defendant also pleaded defect of parties and bar of limitation. 6. On consideration of the evidence adduced by the parties the trial Court held that the Will (marked Ext. 1) executed and reg..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: ......utory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......aid 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. The defence examined 10 witnesses and the examination was concluded ..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. ...... Ed. ......ually agreed between the Management and the permanent staff in an atmosphere of cordiality and accommodation on both sides." 6. In view of absence of supporting papers, verifiable evidence of payment to the staff, and the fact that the agreement was made on 14.9.72, only 16 days..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ...... fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......egations found a prima facie case of cheating and in that view of the matter refused to quash the proceeding, as the falsity or truth of the petition of complaint would be ascertained at the trial on evidence. Mr. Rokonuddin Mahmood, learned Advocate appearing for the accused‑appellant, has als..Category: Criminal Law | Date: | Hits: 64
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. ......ot mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......e Code of Civil Procedure by practising fraud upon the trial Court behind the back of the defendant in such circumstance, the defendant filed an application for expunging the documents admitted in evidence and marked exhibits in the case on the ground that those documents were not at all filed a..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. ......ppellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmul Hasan and others .................................Appellants Vs. Administrative Appellate Tribunal & others…………….Respondents (In Civil Appeal No. 1 of 1......e punishment of particular individuals legalizing the imprisonment while they were awaiting trial, making admissible statement which had been inadmissibly obtained, altering lion fundamental rules of evidence so as to facilitate their conviction and altering ex post facto the punishment to be impose..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. ............................................Respondents Judgment August 25, 1991. Lawyers Involved: Rafiq‑ul‑Huq, Senior Advocate (AKM Nazrul Islam, Advocate with him), instructed by Mr. Sharifuddin Chaklader, Advocate‑on‑Record ‑For the Appellants. ...... the law of master and servant does not apply in this case. 10. There are certain grey areas in the service of the respondent on which neither the plaint, nor the written statement, nor the evidence throws any light. Jamuna Oil Co. Ltd. was incorporated on 12.3.75 under the Companies Act ..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. ......ot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......it land which was all along in the possession of the defendants ever since 1321 BS. conferring title to them by adverse possession. 4. The learned Assistant Judge upon a consideration of the evidence and circumstances of the case found title with the plaintiff on the basis of his alleged ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ...... Government of Bangladesh represented by the Deputy Commissioner, Bakerganj ..............Appellants. Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgm......was the real owner of the property. The Appellate Court, however, reversed that decision. It disbelieved the case of benami on a detailed consideration of matters involved in the case. There was no evidence as to the necessity of the benami purchase. The plaintiffs did not produce the original do..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....thentication. This is not correct. He did consider them in the context of other evidence and ultimately found that" in such view of the matter relying on the indefinite and uncorroborated and inadmissible document Ext. A series and Ext. it would be unsafe to hold that the plaintiff had no p......f justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......earing of the suit defendant No. 3 (husband of defendant No. 2) who examined himself as DW 1 proved certain documents procured from and certified by Notary Public in India which were admitted into evidence without any objection. The Additional District Judge, inter alia, observed that the said d..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......Case is also Reported in: 44 DLR (AD) (1992) 83. ......he trial Court held in favour of the plaintiff and found that the suit land was worth much more than Rs. 200/‑ at the time of execution of the document. The appellate Court below, reconsidering the evidence on record, found that circumstances were against Isobullah for claiming actual market value..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......J ATM Afzal J Mustafa Kamal J Latifur Rahman J Korban Ali Talukder @ Korap Ali Talukder................Defendant ‑Appellant Vs. Abdul Jalil Sarkar and others…………….....Plaintiff‑Respondents Judgment June 6, 1991. Result: The appeal is allowed. Case Refer......ant herein) case in TS. 48/71. 6. Upon the above pleadings of the aforesaid suits the learned Assistant Judge framed 4 issues for decision and after considering the facts and circumstances and the evidence on record, by judgment dated 21.12. 76, decreed OC Suit No. 109/70 and dismissed TS No. 48 ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....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. ...... Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (In Civil Appeal No......t page 322 it has been stated that a bill of lading serves three purposes‑ (1) It is a receipt for goods shipped, containing the terms on which they have been received. (2) It is evidence of the contract for the carriage of the goods. (3) It is a document of title to the goo..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......owed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......inate Judge, by his judgment dated 22 June 1987, reversed the trial Court's decision and allowed pre‑emption in both the cases. The learned Subordinate Judge, however, found, upon taking additional evidence, that the purchasers had brought about improvement in the land at a cost of Tk.1.5 lacs whi..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......onviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......de only was maintained. 8. The submission on the basis of which leave was granted in this case has already been indicated. It is admitted by PW 1 Afsar Ali Charami both in his FIR and in his evidence before the court that the appellants (who are close neighbours of PW 1) had committed the ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......ed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ...... as purchasers. 5. The first party examined 6(six) witnesses while the second party examined 4(four) in support of their respective cases. The learned Magistrate upon a consideration of the evidence, by his order dated 16.3.85, found the first party to be in actual possession of the dispu..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......nfessional statements before PW 9 Mr. Shushil Kumar Roy, Upazila Magistrate, Bamna, which are marked as Exhibits 3, 4 and 5 respectively. The said confessional statements being the main part of the evidence in the present case we will consider the individual confessional statement independently t..Category: Criminal Law | Date: | Hits: 69
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......bsp; Ed. ......eave, the short question for consideration is whether the High Court Division was justified in the circumstances of the case to make an order of remand for rehearing of the suit upon further fresh evidence after about 16 years of the filing of the appeal. 2. Material facts necessary for th..Category: Procedural Law | Date: | Hits: 122
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......t: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others……......y of the prisoner the order of conviction itself is to be produced before the Court for its satisfaction whether the irregularity can be overlooked by looking into the conviction itself. Secondary evidence, without making any case for that, of some notes as to conviction from some registers main..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......d the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......W 5 Rahela Khatun, testified to have recognised the appellants while assaulting their husband in the verandah on the night of occurrence. The learned Judges of the High Court Division believed the evidence of these two eye‑witnesses and held that the confessional statement of the co‑..Category: Criminal Law | Date: | Hits: 68
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