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Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......owed and the principle of natural justice was also not followed in his case by giving him sufficient Opportunity to defend himself. 2. Khondkar Mahbubuddin Ahmed, learned Counsel appearing for the appellant, has tried to show us that Government Servants (Discipline and Appeal) Rules, 198......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......followed or applied by the BJMC in the cases of their employees before July, 1990. He has produced before us a notification under Article 25 of the President's Order No. 27 of 1972 (Bangladesh Industrial Enterprises Nationalisation Order) which shows that the BJMC adopted the Government's Rules ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......Rabeya Bhuiyan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. B Hossain, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate-on-Record- for the Respondent. Criminal Appeal No. 16 of 1990. (From the Judgment and order dat......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ...... and while the two were scuffling the dagger struck Abul Hossain accidentally. The three accused were apprehended by the public as they were present near the place of occurrence. 5. At the trial five witnesses gave some more details about the incident. As there was a mosque nearby where ..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....llants, has assailed this view of the learned Single Judge as totally erroneous and has contended that in view of absence of jurisdiction of the civil Court the plaint should have been rejected outright. Mr. NH Khondker, learned Advocate for the respondent, has argued that when the respondent is......Managing Director of Rupali Bank and others are the appellants. Plaintiff, an Assistant Cashier of this Bank is the main respondent, (No. 1). The matter arises from a suit filed by the respondent before the Assistant Judge challenging his termination from the appellants' service. He got a decree ......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......"worker" his remedy lay only before the Labour Court, in which case also the civil Court's jurisdiction was ousted. This question as to jurisdiction was not given any consideration by the trial Court which decided the suit on merit; the appellate Court considered this question but decid..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....zi Abdur Rashid, plaintiff-respondent in person, submit on the other hand that the appellants' defence that the salt was delivered already to defendant No. 4 in the early hours of 14.1.78 has been rightly disbelieved by the trial Court and the High Court Division on giving cogent reasons. ......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......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......n 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 Court, by judgment and decree dated 19.9.84, partially decreed the suit for TK 15,39,300.00 a..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......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, ...... some part of the disputed property allowed his application for being added as a party only on the ground that it will not prejudice either of the party in the case. This is certainly not a legal and fair exercise of discretion because nothing has been considered which was submitted against the resp......5 of the Court of Subordinate Judge, Sunamganj, for a declaration that the suit land was not an enemy property and for permanent injunction against the defendants. During the pendency of the suit the trial court by its order dated 21st September, 1982 allowed the application of respondent No. 1 and ..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......of the High Court Division passed in Civil Revision No. 104 of 1989 making the Rule absolute and directing to proceed with the execution case in accordance with law. 2. The material facts relevant for disposal of this appeal are that appellants and the respondent are the heirs of one Shamsu Mia C...... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......led an application before the Assistant Judge under order 22 rule 10 read with section 146 of the Code of Civil Procedure for assignment of the decree in their favour and the same was rejected by the trial Judge and the final decree was ordered to be drawn up in terms of the preliminary decree. The ..Category: Limitation Law | Date: | Hits: 175
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ...... Lawyers Involved: Moksudor Rahman, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on- Record -For the Petitioner. Not Represented -Respondents. Criminal petition for leave to appeal No. 62 of 1992 (From the judgment and order dated 22. 4. 92, passed by the H......rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......judgment and order dated 22. 4. 92, passed by the High Court Division of the Supreme Court in Criminal Revision No. 311 of 1991) Judgment: Shahabuddin Ahmed CJ.- Accused- petitioner is facing trial for offences under section 161 of the Penal Code and section 5(2) of the Prevention of Corrupt..Category: Anti-Corruption Laws | Date: | Hits: 100
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
.... not correct to say that the contract stood rescinded after Rajeshwar offered the advance purchase‑money with compensation. The better view is that the appellants are deemed to have forsaken their right to have a deed of sale from him when they received Rajeshwar's offer and made no response. Hav......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......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......intiffs 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 Judge, Barisal. By judgment and decree dated 19.4.77 the trial Court dismissed the suit and on appeal the learned Additional District Judge, Barisal by judgm..Category: Property Law | Date: | Hits: 82
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......al is directed against the judgment and order passed by the High Court Division in Miscellaneous case No. 508 of 1991 on 18.7.91 refusing bail of the accused -appellant. 2. The appellant who was a former Chairman of Bangladesh Chemical Industries Corporation is an accused along with two others in......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......umstances, we are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....ression 'cause of action' has not been defined in the Code. Fry, LJ observed in Read vs. Brown 22 QBD 128(132): "Everything which, if not proved, gives the defendant an immediate right to judgment, must be part of the cause of action." 19. In the same vein Bret......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......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. ......eived the inspection report of the surveyor having their head office at Motijheel, Dhaka, rejected the goods and asked the defendant to take back the consignment and refund the money. 5. The trial Court rejected the defendant's prayer after holding that the question of jurisdiction did not..Category: Business or Commercial Law | Date: | Hits: 124
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... forcible possession of the land and that in a free‑fight that followed the labourer, Giasuddin, received fatal injuries from unknown assailants and that the petitioners simply exercised the right of private defence of their property. 3. All the petitioners were charged under sectio......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. ......ember 1979 at about 7.30 AM over the possession of a paddy land. Informant, PW 1, lodged an ejahar on which the police started this case and after investigation sent up these eleven petitioners for trial. Case of the prosecution is that the land belonged to, and was in possession of, his wife PW ..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ...... 2. Plaintiffs case, in brief, is that he purchased 0.50 acres of land i.e. 0.21 acres in Dag No. 500 and 0.29 acres in Dag No. 501 of Khatian No. 308 from defendant No. 1 by kabala dated 17.11.75 for a consideration of Tk. 2000'00. On the same day the plaintiff executed an agreement for reconve......tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......ch, passed in Civil Revision No. 1627 of 1981 making the Rule absolute and setting aside the judgment and decree of the lower appellate Court which in turn set aside the judgment and decree of the trial Court 2. Plaintiffs case, in brief, is that he purchased 0.50 acres of land i.e. 0.21 ..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....w on the 4th Baisakh 1354 BS at an yearly rent of Tk. 7600. The appellant has obtained a compromise decree on 19.7. 77 from the 2nd court of Munsif, Barisal in Title Suit No. 1 of 1977 wherein his right, title and possession in the suit premises has been decreed. 4. The plaintiff-responde....... 473 of 1978 and 135 of 1979 dismissing both the suits, heard and disposed of analogously. 2. The two plaintiff-respondents filed Title Suit No. 473 of 1978, against the defendant appellant for his eviction from the suit premises and for realisation of arrear rent and compensation, as al......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ...... be in possession thereof ever since. 6. The two suits were tried analogously by the learned munsif. The plaintiffs examined 7 witnesses and the appellant examined 6 witnesses. 7. The trial Court found that the plaintiffs have proved their purchase and pre‑emption of 0'080 ac..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....ted the Secretary of the Union Parishad at the material time. His evidence therefore should be kept out of consideration. The High Court Division has exhaustively dealt with this submission and has rightly discarded the same. There is strong corroborative evidence from PWs 1, 3 and 8 that all of ......i Advocate (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the ......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......o. XXII/April/80 by his judgment and order dated 22.5.85 under section 302 of the Penal Code and sentenced to death. Co-accused Mainuddin Ahmed and Mosharraf Hossain were also convicted in the same trial under sections 302/34 of the Penal Code and sentenced to imprisonment for life and to pay a f..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....hen it is to be borne in mind that the High Court Division Court Division was hearing the matter in revision against an Order of acquittal at the instance of the informant. The High Court Division rightly considered the findings made by the Additional Sessions Judge and further whether the said ......ated 24 October, 1989 passed by the High Court Division, Dhaka in Criminal Revision No. 90 of 1985). Judgment: ATM Afzal J: This appeal by the informant following leave arises out of an order of acquittal passed by the appellate Court and conf......order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......id Mollah filed an FIR with Savar PS on the night of 4.4.83 alleging the aforesaid facts which gave rise to the present case. 5. Eventually 4 (four) persons including Ali Mollah were put on trial in the Court of the Additional District Magistrate, Dhaka to answer charges under sections 1..Category: Criminal Law | Date: | Hits: 51
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. ......of the divisional Special Judge, Khulna. These cases had been earlier transferred by the Sessions Judge and Ex‑officio Senior Special Judge, Khulna, to the Divisional Special Judge, Khulna, for disposal. Similarly, Special Case Nos. 8, 9, 12, 13 and 14 of 1982 and Special Case No. 7 of 19...... 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. ......ges, whereas the Sessions Judge is the Ex‑officio Senior Special Judge. 5. Section 4(3) provides: "the Senior Special Judge may, by order in writing, transfer, at any stage of the trial, any case from the court of one Special Judge to the court of another Special judge havi..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....respectively of trade marks which are identical or nearly resemble each other, in respect of the same goods or description of goods, the Registrar may refuse to register any of them until their rights have been determined by a competent Court. 28. Sub‑section (1), inter alia, ...... 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......urt Division may direct the Registrar to take steps as may be found necessary. But the jurisdiction vested with the Registrar under section 10(2) is of a special kind and it is only legitimate and fair to hold that the Registrar should be left alone to exercise his discretion at the first instanc......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 properties which include also ..Category: Intellectual Property Law | Date: | Hits: 227
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. ...... 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. ......timately no temporary injunction was granted. In the meantime the Municipal Authorities demolished a part of the market. The Plaintiff’s filed an appeal before the District Judge against the trial Court's refusal to grant temporary injunction but the latter, by order dated 8 November, 1988..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. ......se out of the judgment and order dated 21 August 1991 passed by a Division Bench of the High Court Division in Criminal Misc. Case Nos. 506 of 1991 and 507 of 1991 respectively rejecting the prayer for bail of the accused‑appellant under section 498 of the Code of Criminal Procedure. ......il initially any for a period of 3(three) months. 6. Leave was granted to consider whether the High Court Division in refusing the prayer for bail of the appellant exercised its discretion fairly and judiciously having regard to the ordinary norms followed in such matters and in consider......een fixed on 15.3.1992. In the other case, Ramna PS Case No. 53(2)/91, no chargesheet has yet been submitted although a full year has elapsed in the meantime. Therefore the prospect of holding any trial in the near future seems to be very unlikely. 10. Apart from the fact that all the ma..Category: Constitutional Law | Date: | Hits: 150
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. ......ppeal No. 5 of 1986 (Review against the Judgment and Order dated 20.7.87 passed by this Court in Civil Appeal No. 5 of 1986). Judgment Mustafa Kamal J: This is plaintiff’s appeal by leave for review of a judgment of this Court dated 20.7.87 in Civil Appeal No. 5 of 1986, reported in 40 D...... 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. ......tion that the deed of the plaintiff dated 8.7.74 is false, collusive, without consideration and was not acted upon and that by this deed the plaintiff has not acquired any title to the suit land. The trial Court gave a clear finding that the plaintiff never obtained possession of the suit land as he..Category: Property Law | Date: | Hits: 73
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