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W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ...... Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Wahidullah, Advocate -on-Record — For the Petitioners. Not Represented— Respondents. Civil Petition for leave to Appeal No. 233 of 1994. (From the judgment and order dated 10 March 1994 passed ...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J W B Industrial Corporation Ltd. and others ……………Petitioners Vs. ..Category: Business or Commercial Law | Date: | Hits: 107
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......structed by Md. Hossain, Advocate-on-Record— For the Petitioner. AW Bhuiyan, Additional Attorney General instructed by Sharifuddin Chaklader, on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1995 From the Judgment and Order dated 9-5-95 passed by the High C......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......mmaries submitted to the then President by the petitioner and co-accused Mr. Shafiqul Gani held that there was a prima facie case under section 5(2) of Act II of 1947 against the petitioner to go for trial. Mr. Rafiq-ul-Huq submits that the learned Third Single Judge has not given any clear-cut find..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....ldwin [1964] AC 40 [Law Reports 1964]. He particularly drew our attention, to quote from Lord Hodson’s opinion: “No one, I think, disputes that three features of natural justice stand out (I) the right to be heard by an unbiased tribunal; (2) the right to have notice of charges of misconduct; (3......3 making the Rules absolute therein and declaring that the notification dated 20.10.1993 issued under the signature of the appellant No.1 expelling the respondents from the Chittagong Medical College for ever was passed without any lawful authority and thus was of no legal effect. 2. Respondent ......University Vs. Zakir Ahmed, 16 DLR (SC) 722 (733-734) “Nevertheless, the general consensus of judicial opinion seems to be that, in order to ensure the “elementary and essential principles of fairness” as a matter of necessary implication, the person sought to be affected must at least be ......t statement brought forward to his prejudice.” Of course, the person, body or authority concerned must act in good faith, but it would appear that it is not bound to treat the matter as if it was a trial or to administer oath or examine witnesses in the presence of the person accused or give him f..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....k, and (iv) paging system. In response to BTL’s query (Annexure C) BTTB by Memo dated 27.8.89 (Annexure C(1) clarified the written agreement stating that BTL can transfer a portion of the licensing right for joint venture purpose provided it obtains prior written permission from BTTB. Pursuant to ...... (iv) paging system. In response to BTL’s query (Annexure C) BTTB by Memo dated 27.8.89 (Annexure C(1) clarified the written agreement stating that BTL can transfer a portion of the licensing right for joint venture purpose provided it obtains prior written permission from BTTB. Pursuant to and as......arlier show cause notices issued by BTTB to BTL and from a combined reading of all these notices and replies thereof it is apparent that the principle of natural justice, namely, the opportunity of a fair hearing, has been substantially complied with in this case. BTL had more than one occasion and ......withstanding anything to the contrary contained in any other law for the time being in force. One of the functions of BOI shall be, according to section 7(e), “approval and registration of all industrial projects in the private sector involving local and foreign capital”. Section 11(6) provides ..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
.... On 15.9.1981 one Mobarak Ali of Zinda Bazar informed the plaintiffs that defendant Nos.2-9 had sold the Suit land to defendant No.1 and at once plaintiff No.1 declared his intention to assert his right of pre-emption by proclaiming Talab-i-Mowasibat. Then without any delay he ran to the suit lan......ivil Revision No. 66 of 1988 (Sylhet). Judgment ATM Afzal CJ.- This is a plaintiffs’ appeal by leave and it arises out of a suit for pre-emption under the Mohammedan Law. The only question for consideration in this appeal is wh......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......he said decree. Title Appeal No. 274 of 1985 and the learned District Judge, Sylhet, who heard the appeal, by his judgment and decree dated 20.3.1986, dismissed the same and confirmed those of the trial Court. 6. From the said decision of the learned District Judge, Sylhet defendant..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....ub-rule (2) of rule I of Order XL of the Code of Civil Procedure does not authorise the Court to remove from the possession of property any person to whom any property to the suit has not a present right so to remove. 7. In the instant case the appellants succeeded both in the trial Court......uddin Sarker J.- This appeal by leave is by the plaintiff-appellants against the judgment and order dated 4.8.1993 passed by a learned Single Judge of the High Court Division appointing a receiver for the suit properties in pending Civil Revision No. 366 of 1992. 2. The appellants institu...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......e Subordinate Judge, Jhenidah. That suit was dismissed but on appeal by the respondents being Title Appeal No. 158 of 1964 the appellate Court allowed the appeal and sent the suit on remand to the trial Court and thereafter the learned Subordinate Judge decreed the suit ex parte on 27.8.1974. Th..Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....ent’s Order No. 16 of 1972. 8. The Court of Settlement by its judgment and order dated 9.5.1988 dismissed the application of the respondents declaring that the disputed house was rightly enlisted as abandoned building under the aforesaid Ordinance. 9. The responden......he house in June 1974, the respondents shifted to their present address and had been living there since then with the members of their families. 3. Their mother filed an application before the Secretary, Ministry of Works on 6.8.1974 for releasing the property to her but without any......ndents, who also perused the original chalan dated 26.12.1973, a copy of which has been put in with a sworn application, found it difficult to reconcile his client’s case. Dr. Rahman has been fair enough to say that in the face of such material the respondents’ case of having been in ...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....n additional grace of 30 days, where after, as per sub-section (4) of section 339C, “further proceedings in respect of the trial shall stand stopped and the accused person released”. That was the right which the appellant was seeking to pursue, but that right was not an absolute one. Under secti...... in Criminal Revision No. 291 of 1991). Judgment Mustafa Kamal J.- In agreeing with the ultimate order passed by my learned brother Ismailuddin Sarker, J., I would like to give my own reasons for dismissing the appeal. 2. Before the Code of Criminal Procedure was further amended by Act N......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......peal. 2. Before the Code of Criminal Procedure was further amended by Act No. XLII of 1992, shortly the new Act, it was the combined effect of all the sub-sections of section 339C and 339D that a trial of a sessions case had to be concluded within 240 days, with an additional grace of 30 days, w..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
.... sale by any Court and therefore the attachment and sale was illegal and without lawful authority. The plaintiff was not a party either to Money suit No. 32 of 1972 or to the Execution Case and the right, title and interest of Bangladesh has not passed to the auction purchaser. As the alleged au......mmercial Bank) on 26.6.70 and on his failure to repay the loan Rupali Bank obtained an ex parte decree on 26.7.72 against Dr. Shamim in Money Suit No. 32 of 1972 from the 3rd Court of Munsif Dhaka for realisation of the loan amount. Rupali Bank started Money Execution Case No. 32 of 1972 against......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......ision. 10. As already noticed, the High Court Division by the impugned judgment dismissed both the appeals. 11. Leave was granted to consider the submission of the appellant that the trial Court and the High Court Division fell into an error in not considering the facts, circumstan..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....bsp; not impleaded in the proceeding. In respect of the property in schedule 'Ja' the trial Court found that all the persons interested therein as per record of right were not impleaded in the suit and as such, was also kept out of the present suit. The parti......decree of the Subordinate Judge, Rajshahi in Title Suit No. 35 of 1962. 2. The facts giving rise to this second appeal may be, briefly stated, as follows: The plaintiff filed the above suit for partition in respect of the properties mentioned in schedule 'Ka' Kha' 'Ga' 'Gha' 'Uma' Cha' 'C......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ...... outside the suit, as all the persons interested therein were not impleaded in the proceeding. In respect of the property in schedule 'Ja' the trial Court found that all the persons interested therein as per record of right were not impleade..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....used might be true, it is clear that such a view reacts on the whole prosecution case. In these circumstances, the accused is entitled to the benefit of doubt, not as a matter of grace, but as of right, because the prosecution has not proved its case beyond reasonable doubt. In my ......ry day, namely, 29.2.64, at about 6 PM the trap party arrived at Tongi where they found Omar Ali on their advice to make the payment to the accused when demanded. It alleged that Omar Ali searched for the accused Taru Mian but could not find him. He of course found the accused Abdul Gani sitting......Pakistan Penal Code. Their Lordships also held that the expression 'official act' in section 161 of the Penal Code what is meant in the case of a public servant is an act done in relation to the affairs of business of the department in which the public servant is serving. In the instant case bef......mprisonment passed on the said appellant should not be enhanced or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts which led to the trial of the accused appellant Abdul Gani on a charge under section 165 A of the Pakistan Penal Cod..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......eme Court High Court Division Criminal Revisional Jurisdiction Presents: Nurul Islam J. Habibur Rahman J. State............ Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- ......th a broom-stick. I could in no way tolerate this. I became blood-thirsty and took the decision that I would kill my cousin and see who would enjoy the properties. In the afternoon of that day, a fair took place in our village on the occasion of 'Rath' (Chariot) festival. From the said fair,......et against the accused appellant. A preliminary enquiry was held into the case by PW 11 Mr. SNH Shamsuzzaman, Magistrate, 1st Class who committed the accused-appellant to the Court of Sessions for trial. At the time of trial, the accused was charged under section 302 of the Pakistan Penal Code w..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....e defendants who helped the plaintiffs by advancing a sum of Rs, 400.00 in getting the sale set aside on the stipulation that the eastern most 10 rials of land would be settled with them in tenancy right at the annual rent of Rs 1/ per kedar and accordingly, there was settlement of the said 10 ha......p; Nurul Islam J.- This second appeal is at the instance of defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the sched......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......d if the case is such that the cause of action survives to the surviving appellants alone or respondent or respondents alone, as the case may be and there is no chance of conflicting decree one of trial Court and the other of the Court of appeal then the abatement on account of death of one will..Category: Property Law | Date: | Hits: 59
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....t could not proceed without impleading the heirs of Syed Ashraf Ali and Syed Aulad Ali. The defendant No.l purchased the land of the first schedule from the heirs of the original owners of 16 annas right and have been possessing the same for long over the statutory period of limitation. He also ...... appeal at the instance of the defendant No. 1 is against the judgment and decree dated 30th September, 1961 passed by the learned Subordinate Judge, 1st Court, Sylhet in Title Suit No. 21 of 1960 for partition of the properties in suit. 2. The plaintiffs case, in brief, was that Syed Moh......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......tition." 10. The learned Subordinate Judge repeated the above facts in his judgment in a paragraph just above the issues. He further stated— "At the time of trial, however, it was admitted that Manira Banu did not predecease her father and consequently in..Category: Property Law | Date: | Hits: 59
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......he petitioner Abul Hussain alias Abul Md. be committed to the Court of Session to stand trial along with other accused persons already committed. 2. The facts of the case are, that upon an information lodged by opposite party No. 2 Amatu Md., Police investigated the case and submitted char......ence evidence, if any, under section 208 and then proceed further under Chapter XVIII. Another case which though not on all fours with the facts of the present case but which Mr. ATM Afzal was also fair enough to place before us should be mentioned here, for it has some bearing on the point at i......This Rule is directed against an order passed by Mr. AH Chowdhury, Sessions Judge, Dinajpur, directing that the petitioner Abul Hussain alias Abul Md. be committed to the Court of Session to stand trial along with other accused persons already committed. 2. The facts of the case are, that..Category: Criminal Law | Date: | Hits: 82
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......ur Rahman J: This, appeal is directed against the judgment passed by the Sessions Judge, Rangpur sentencing the accused appellant kasiruddin Sarkar alias Kasiruddin Fakir to undergo transportation for life on a conviction under section 302, Pakistan Penal Code. 2. The case for the prosecu......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......he investigation he submitted charge sheet against the accused appellant. A Magistrate of the First Class held preliminary inquiry and committed the accused to the Court of Sessions. At the time of trial the prosecution case was that the accused occasionally used to have quarreled with his wife ..Category: Criminal Law | Date: | Hits: 124
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....n 522 only applies to the Court which is dealing with the original matter either as a Court of appeal, confirmation, reference or revision in relation to that matter. It does not give any sort of right of appeal by itself against an order passed under section 522". Although no......1932 Lah. 210; Ujir Sheikh vs. Syed AH Sheikh 16 CrLJ 607; Gourhari Gope vs. Alay Gopini, 29 ILR Cal. 724 Lawyers Involved: SA Latif—For the Petitioner. SS Haider—for the Opposite Parties. Criminal Revision Case No. 481 of 1969. Judgment: ......of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ......de, which authorises the Appellate Court in an appeal to make any incidental order." The order of the appellate Court, in the present case, setting aside the order passed by the trial Court under section 522 of the Criminal Procedure Code is an incidental order within the mean..Category: Criminal Law | Date: | Hits: 66
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....ian of the Enemy Properties and the opposite-party No. 7 duly leased out the same to opposite party Nos. 1 and 4 after having taken possession of the same: and that the plaintiff-petitioner has no right, title, interest or, possession in the said properties. He also submits that plaintiff-petiti......p; Nurul Islam J.- In this application under section 115 of the Code of Civil Procedure the petitioner Sree Pronab Kumar Majumder obtained the Rule praying for setting aside the judgment and order date 17.1.70 passed by learned Subordinate Judge of the Ad......dananda Ghosh & others 11 DLR 470 in delivering the judgment Gupta J observed: "To summarize, in the case of temporary injunction (a) an applicant must show a fair prima facie case in support of the right claimed: (b) an actual or threatened vio......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......udgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section 5 of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in default, to suffer rigorous imprisonment for one an......d to implicate him also with an offence under the Penal Code without formally charging him therewith. The appellant was sought to be struck with two weapons, one open and another concealed. It is not fair for the prosecution to charge an accused in a manner so as to cause jeopardy to his defence. ......tion made under section 242 CrPC. . He also made a statement under section 342 CrPC. which will be referred to hereafter. The prosecution examined 16 witnesses including an Investigation Officer. The trial Court found the appellant guilty in respect of offence mentioned in clause (d) of sub-section ..Category: Anti-Corruption Laws | Date: | Hits: 83
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ...... Nurul Islam J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure at the instance of some of the defendants in a suit for realisation of arrear house rents and is directed against the order dated 16th of January, 196......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......re. To appreciate this point it would be better if I quote section 10 of the Civil Procedure Code -which runs as follows: "10. Stay of suit.—No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a pr..Category: Property Law | Date: | Hits: 86
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