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Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
.... case briefly are that the predecessor of the appellants instituted Title Suit No. 41 of 1980, on transfer renumbered as Title Suit No. 629 of 1985 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 de......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. ......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. ..Category: Property Law | Date: | Hits: 67
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. ......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. ......nst 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 Motijheel PS Case ..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....loyee's Union PLD 1967 Dacca 190 for the proposition of law that a plaint may be rejected under the inherent jurisdiction of the court where the suit is impliedly barred. In that case the suit for declaration that the terms and conditions imposed upon the service of the members of the plaintiff ......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 124
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
...., title and possession in the suit premises has been decreed. 4. The plaintiff-respondents also filed Title Suit No. 135 of 1979 in the same court against the same defendant-appellant for a declaration that the aforesaid compromise decree dated 19.7.77 in Title Suit No. 1 of 1977 was ille......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. ......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. ..Category: Property Law | Date: | Hits: 67
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. ...... 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. ......l) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh ......... ......Appellant Vs. Divisional Special Judge, Khulna Division an..Category: Criminal Law | Date: | Hits: 118
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Bangladesh Chemical Industries Corporation and another……………..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. ......nbsp; Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice, Bangladesh Secretariat..Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ...... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ......bsp; Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others……&hell..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......in Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Ishaque Khan (Md) and another…………..Appellants Vs. Trading Corporation of Bangladesh, represented by the Secretary, Principal Office, Kawran Bazar, Dhaka……&he..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....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 demolitio......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. ......MH Rahman J ATM Afzal J Latifur Rahman J Fazlur Rahman Molla ...................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice Division and another …..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. ......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. ...... 89(2) 91 DAB GR Case No. 15/91 the gist of the allegation in the FIR was that in connection with the purchase of two container ships from Pakistan, the appellant along with other officials of the Bangladesh Shipping Corporation and another collusively made a deal and that the appellant in parti..Category: Constitutional Law | Date: | Hits: 150
....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:
...... as Class B (4) land. The Military Estates Officers appointed under Rule 2(e) are the agents of the Government for the administration of Class B (4) category of land. They hold a position of official independence from the Military authorities and are also officially independent of the Cantonment Boa......ritten by my learned brothers Mustafa Kamal and Latifur Rahman, JJ; I concur with the judgment of Mustafa Karnal, J.
Mustafa Kamal J.- The appellant, a Private Limited Company incorporated in Bangladesh under the Companies Act, 1913, is in possession of an industrial unit, namely, a drum man..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... judgment and order passed by a learned Single Judge of the High Court Division on 16.9.85 in Civil Revision Case No. 720 of 1984. 2. The plaintiff‑appellant filed Title Suit No. 355 of 1976 for declaration of title and also for a declaration that the registered deed No. 12145 dated 11.7.75, by...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... 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. ......ned the wisdom of the law makers on various laws with which he was not at all concerned in this appeal. It is the cardinal principle of administration of justice that a judge must have freedom and independence of judgment. But in doing so, a judge must be very restrained and should not make swee......ahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......................Petitioner. Vs Abdul Mannan @ A Mannan and oth..Category: Criminal Law | Date: | Hits: 92
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....s the certificate as referred to in the Third Schedule of the Rules. 9. The learned Additional Attorney‑General has next referred to Rule 13 of the Octroi Rules and has argued that no declaration was sought for from the appellants by the respondent, lessee. Rule 13 relates to destin......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Latifur Rahman J Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others .......... Appellants. Vs. M/s. MF Limited, a Priv..Category: Fiscal/Taxation Law | Date: | Hits: 92
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....e of the High Court Division, Chittagong Bench, affirmed those of the first appellate Court by judgment and decree dated 16‑1‑85. 5.The plaintiff‑respondent's suit was for declaration of tide and confirmation of possession or alternatively khas possession in the land of......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....settled by Bisudaanandh Mahathero who was never empowered by the plaintiff to do so, nor did the plaintiff empower her father to sign any partition arrangement on her behalf. The plaintiff prayed for declaration of title and joint possession in Schedule Ka land. declaration of title and recovery of ......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ..Category: Property Law | Date: | Hits: 52
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: ......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: ......idential Area for the Jatiyo Party office. The Jatiyo Party filed a Money Suit, No. 16 of 1991, in the 3rd Court of the Subordinate Judge, Dhaka on 9.2.91 against the petitioner and the Government of Bangladesh claiming a sum of taka two crores which was kept with the petitioner as aforesaid. The sa..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....of 1985 reversing the judgments of the courts below allowing an application for temporary injunction under Order 39 rule 1 of the Code of Civil Procedure. 2. The plaintiff bought a suit for declaration that the order of the Circle Officer, Revenue in Misc. Case No. 110 of 1973‑74 un......ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ...... revision the learned Single Judge of the High Court Division set aside the order of temporary injunction on the finding that the Appellate Division of the Supreme Court having held in the case of Bangladesh Vs. Haji Abdul Gani Biswas and others reported in 32 DLR (AD) 233 that the provisions of..Category: Civil Law | Date: | Hits: 106
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. ......s unfavourable terms and why ultimately it had to close down its business in Bangladesh. Having regard to the unsettled sociopolitical climate obtaining in Bangladesh in time immediately following independence, the explanation offered appears to us to be plausible. We are therefore inclined to a......6(1) of the Income Tax Act, 1922, Application No. 4 of 1984. 2. The assessee, a non‑resident Company, a subsidiary of Mackinnon and Mackenzie Co. Ltd. closed down its business in Bangladesh with effect from 1.10.1972. On 11.12.73 it submitted an assessment showing a loss of Tk...Category: Fiscal/Taxation Law | Date: | Hits: 84
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