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BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....ch other with which we are not concerned in the present case. 30. The learned judge of the High Court Division, it seems, in his anxiety "to do complete adequate and substantial justice "to respondents 1-3 who "have acquired a right to use trade mark "Cock"......ocks: among others, it refers to, in items 1527, 1528 and 1529, some packets of Cock Half size Box, Dozen Gross respectively which were valued at Tk. 2,968'00. In the absence of any recital in the document itself, the schedule as above, a mere description of few articles cannot be construed to i..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... 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. ...... 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)
....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. ......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
....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:
...... details of which are strewn in the lengthy assertion and counter‑assertion of the myriad facts made in the respective petition and affidavits of the parties supported by an equally large number of documents. In the High Court Division various arguments were raised by both the parties which create..
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. ......ng to defendant’s bainapatra, was wrong. However, the Courts below discarded the plaintiff’s sale-deed on other ground. Section 47 of the Registration Act is attracted only when the two competing documents are otherwise at par and stand on the same footing. The plaintiff’s document will fail s..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... this country since Bangladesh emerged as a sovereign state", to the sentence‑"And in the event, the posterity will not forgive us our default, either by acts or omission. Because justice delayed may be meant as justice denied in some case as the proverb goes, but delayed jus...... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
.... by us are that conviction based on the evidence of a single witness as against the evidence of other local witnesses, all declared hostile by the prosecution, is not proper and that miscarriage of justice has been caused by failure of the trial Judge to try this case, along with its counterR......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)
...., 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. ......d subsisting interest in we disputed property and consequently decreed the suit. The lower appellate Court accepted the correctness of the CS khatian and their presumptive value on the face of the documentary evidences adduced by the defendants to prove the auction sale and subsequent delivery o..Category: Property Law | Date: | Hits: 57
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....en the appellant himself did not take any step to do so. Mr. Ahmed submits that the High Court Division was wrong in finding Ext. B to be an inadmissible document and that there has been a failure of justice in not getting the document translated merely on the ground of delay. 9. On the quest......With regard to the award of Bisudhananda Mahathero the trial court held that the original award was not forthcoming and its alleged copy cannot be taken into consideration. It is also an unregistered document. Under section 49 of the Registration Act this instrument cannot extinguish the title of th..Category: Property Law | Date: | Hits: 52
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....oceedings whether the parties are the same, whether the subject matter is the same, whether there is likelihood of prejudice to the accused and whether it is necessary or advisable in the interest of justice to grant such stay. In the facts of the present case it was not necessary to enter into thos......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: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
.... were not at all filed along with the plaint at the time of filing of the plaint as required under rule 14 of Order VII of the Code. The trial Court refused the prayer of the defendant for ends of justice as in the meanwhile the documents had already been marked exhibits in the case. 3. T......nding liabilities in respect of a sanctioned overdraft facilities granted to the defendant. At the time of filing of the plaint the plaintiff along with the plaint filed photo‑copies of some documents with a list of documents. Thereafter the plaintiff filed an application praying for takin..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....eir, above contentions. 11. The Waterside Workers' Federation of Australia vs. Alexander Limited (1918) 25 CLR 434. Section 72 of the Constitution of Commonwealth of Australia requires that every justice of the High Court and every justice of any other Court created by the Parliament of Commonwe......is well founded provided that the character of the Supreme Court as a superior court of record is not destroyed'. It was further observed: "A written constitution must .... like any other written document. .... be construed to give effect to the intentions of those who made and agreed to it and ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d 'Additional District Judge agreed with the aforesaid findings of the trial Court and relied upon the same decisions. Additionally, the lower appellate Court held that on the principle of natural justice the plaintiff ought to have been issued with a show cause notice before his dismissal from ......to the same within a reasonable period, to have the prosecution witnesses examined in his presence and to cross‑examine them, to adduce his own witnesses in support of his defence, to inspect documents proposed to be used against him, generally to have the inquiry conducted in his presence..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. ......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. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....the mandatory provisions of order V, rules 16 and 18 CPC Secondly, he submits, the lower appellate Court not commit did any error of law resulting in an error in the decision occasioning failure of justice so as to invite interference by the High Court Division in the revisional jurisdiction. ......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ..Category: Property Law | Date: | Hits: 56
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. ......the Mukti‑patra cannot confer the title on any party unless it is supported by a registered deed of transfer‑kobala or gift" the trial Court held that the deed of release was not a document of transfer and that plaintiff No. 1 was the real owner of the property. The Appellate Cou..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
.... requirement of the suit. Mr. Ahmed also submitted that the High Court Division erred in totally ignoring the aforesaid documents of the defendant‑appellants which has caused a miscarriage of justice. 14. Mr. Nurul Huq, learned Advocate‑on-Record for the plaintiff‑respond......ugned ex parte decree and the Kabalas in pursuance of the same were obtained by practicing fraud upon the court and as such defendant Nos. 1 and 2 did not acquire any title on the basis of the said documents. 8. The appellants took an appeal against the said decree, Title Appeal No. 145 of..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. ...... mortgage money with interest but the defendant having not paid any heed to it the plaintiffs filed the suit for redemption of mortgage and recovery of possession. 3. The defendant denied that the document dated 25‑10‑28 Ext. 1 was a kot mortgage. He asserted that it was a document of an out ..Category: Property Law | Date: | Hits: 63
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ation must be accompanied by written objection (s) of the Customs Authority or detention Memo showing the ground (s) for detention of the consignment. The Chief Controller shall for dispensation of justice expeditiously dispose of such cases with due consideration to the relevant issues. 3......itzerland purchased 10,000 metric tons of cement as aforesaid from an Iraqi Company, namely, Layth Mahdi Saleh and sold the same in favour of M/s Nidera Hendels Compagnie of Holland for "cash against documents" and M/s Nidera sold the same to M/s MA Baker of Chittagong against irrevocable Letter of ..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....cation of the appellants cannot be altogether ruled out. The High Court Division has apparently failed to consider with care this aspect of the matter which, in our opinion, has caused a failure of justice. In the result, therefore, the appeal is allowed and the order of conviction and sen......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. ..Category: Criminal Law | Date: | Hits: 60
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