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Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....order passed by the Subordinate Judge, Artha Rin Adalat (3rd Commercial Court), Dhaka in Money Suit No. 99 of 1990. 2. The material fact necessary for disposal of this appeal may be briefly stated as follows: Plaintiff Bank filed a money suit against the defendant for recovery of t......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. ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ursuant to a legislative plan ex post facto to secure the conviction and enhance the 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......given security of tenure. Article 102(2) of the Constitution confers the power of judicial review on the High Court Division exercisable upon "a person performing any functions in connection with the affairs of the Republic or of a local authority". The word "person" undergoes an inclusive and exclu..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....na Oil Company Ltd. by letter dated 23.3.79 which he challenged in the suit 3. Jamuna Oil Company Ltd. (defendant No. 1) and its Operational Manager (defendant No. 2) filed a joint written statement and contested the suit. It is their case that Jamuna Oil Company Ltd. is Private Limited ......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. ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
.... Sadar, was one for declaration of title and khas possession in respect of ‑/4/‑ annas share (schedule 2) out of schedule 1 land. Admittedly schedule 1 land belonged to Ramanath Ghosh Estate having 1‑/12/‑ annas share and Gobinda Jieu (deity) having‑4/‑ annas ......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 ex parte decree dated 30‑5-84 passed in Title Suit No. 305 of 1983 in the 1st Court of Munsif, Dhaka is void ab initio, fraudulent, inoperative and not binding upon the plaintiff. It was stated in the plaint that the decree was obtained by playing fraud upon the Court. No summons of th......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)
....#8209;defendant, there was nothing to show that the lands were acquired by plaintiff No. 1. The assertions of the plaintiffs in the plaint and in the release are at variance. In the release, it is stated that plaintiff No. 2 was the benamder, but the plaint indicated that plaintiff No. 2's fathe......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. ..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....nd as such the plaintiff had to file Title Suit No. 107 of 1973 against the Government. In the said suit defendant No. 2 of the instant suit impleaded herself as defendant No. 7 and filed a written statement claiming that defendants No. 4‑6 entered into an agreement with defendant No. 1 to ......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 58
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....s prayed by the Corporation to hold an auction sale of the balance quantity of cement on their claim of having a lien on the said cement but the Court refused to give any relief. 5. The respondent stated that since the ownership of the cement continued to remain with the document of title, i.e. t......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. ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....jection. Learned Counsel has further submitted that even the facts and circumstances, proved in this case, are such that no acquiescence or waiver can be inferred therefrom. 6. The trial Court, as stated above, refused pre‑emption, but on what specific ground, we find it difficult to find out f......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. ..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....formant, Jahanara, from whose person the same were allegedly removed. But neither Jahanara was examined (there is no explanation for her non examination) nor any of the alleged eye‑witnesses stated as to who among the accused had removed the ornaments from the person of Jahanara. It is in ......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
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....d by accused Shamsul Haque as false and consequently filed this Suo motu FIR. Tapan Kumar Piplai interrogated Shamsul Haque, his elder brother Hazrat Ali and his sister's husband Abdul Khaleque who stated to him that they in furtherance of their common intention committed the murder of Zahura Kha......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. ..Category: Criminal Law | Date: | Hits: 69
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....lative of fundamental rights guaranteed under Articles 27, 28, 31, 32 and 33 of the Constitution. 3. In their affidavit‑in‑opposition the respondents did not controvert the statements made in the writ petition. Their case is that as the order of detention under the Specia......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. ..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....ase was reopened on the prayer of the Inspector of Criminal investigation Department, Camp Jessore. During investigation on 2.9.82 Md. Ejahar Ali, a non‑appealing accused, made a confessional statement before PW 12 SM Jahrul Islam, Magistrate, 1st Class, Jessore. After completion of the in......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. ..Category: Criminal Law | Date: | Hits: 68
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
.... 7.10.89 involving them in the murder of Nurul Islam. 3. Leave was granted to consider whether in view of the fact that there is no allegation in the First Information Report and also in the statements of the witnesses recorded under section 161 of the Code of Criminal Procedure that the a......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....in that Keamuddin Sardar predecessor of the plaintiffs created a Wakf of the suit property by a Wakfnama of 28. 12. 1891. The plaintiff No. 1 is managing the Wakf property as Mutwalli of the Wakf estate. In terms of the Wakfnama the plaintiffs as the heirs of three sons of Keamuddin Sardar are e......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....st a judgment of a Bench of the High Court Division passed in writ jurisdiction wherein the petitioner challenged the order dated 24.2.72 passed by Chairman, Labour Court, Chittagong directing re-instatement of respondent No. 2 in his post under the petitioner with all back wages and benefits at......tion to section 86 of the Co- operative Societies Act under Chapter IX dealing with settlement of disputes, section 86 runs thus:— "86. Any dispute touching the business or affairs of a Co-operative Society or of the liquidator of a society shall be referred to the Regis..Category: Labour and Industrial Law | Date: | Hits: 144
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....en done in the discharge of his official duty. We are not however concerned here with the question whether firing was justified or not but whether the accused can very well under the circumstances stated above set up his defence that he held to resort to firing to bring the situation under contr......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....un shot injuries. Two charges, one under section 148 and another under section 302/149 of the Penal Code were framed against all the 18 accused. The common object of the charge under section 148 as stated thereunder was to forcibly demolish and remove materials of an incomplete hut of the complai......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
.... can be resolved on ascertaining the true meaning of the clause: "if the offence intended to be committed is theft", in section 457 of the Penal Code. The clause, as we find, refers to a state of mind of the accused at the time of entry. What is required is the presence of a state of m......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 74
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