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Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....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. ......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. ......claimed to have recognized Ali Mollah only and no other. PWs 5-7, 9 and 10 were examined as corroborating witnesses while PW 8 was the local Doctor of the health complex and PW 11 the Investigating Officer. 9. The learned Additional District Magistrate upon a consideration of the evidence ..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....lating this Courts order dated 25.1.90, passed in Civil Petition for Special Leave to Appeal No. 283 of 1989 staying further proceeding in Title Execution Case No. 1 of 1986 pending in the Court of Assistant Judge, Kushtia Sadar. The execution case arose out of a decree for ejectment of the peti...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ......pposite party Nos. 5 and 6 drew our attention to the incongruous fact that though both the purported copies of the Advocate's letter were shown as despatched to the Superintendent of Police and the Officer‑in‑Charge, Kushtia Police Station on 27th January, 1990, in the 1st column of t..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....med to have been committed within that area". 4. There may be two or more Special Judges in one district (sessions division); such as, the Sessions Judge, Additional Sessions Judge, Assistant Session Judge, Metropolitan Magistrate or some Magistrates of the First Class all of whom...... 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. ..Category: Criminal Law | Date: | Hits: 118
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... Shamsuddin Ahmed, Advocate (appeared in person) ‑ For the Appellant. Aminul Haque, Attorney‑ General, (AW Bhuiyan, Additional Attorney General and Sharifuddin Chaklader, Assistant Attorney‑General, with him), instructed by Mvi. Md. Wahidullah, Advocate‑on&#...... 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
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. ......in Appeal No. 35 of 1989 upholding those of the Administrative Tribunal dated 6.8.89 in Administrative Tribunal Case No. 172 of 1988. 2. The petitioner, a former Upazila Magistrate and Officer on Special Duty, Ministry of Establishment, Government of the People's Republic of Ban..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....it Petitions including the appellants before us from their service under the respondent, the Bangladesh Trading Corporation, briefly the "Corporation". 2. Appellant No. 1 was Store Assistant and Appellant No. 2 was Security Assistant of the Corporation posted in its Regional Offi......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. ......r dacoity in Criminal Case No. 303 of 1983. But the Respondent‑Corporation (which was the "authority" under the Rules) being not satisfied with this explanation appointed an Enquiry Officer. The latter after holding enquiry submitted his report on 5.10.1982 finding the appellants ..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....as been based on no evidence whatever but is based on mere conjectures and surmises of the learned judges. 2. Appellant and 16 others had filed title Suit No. 123 of 1988 in the 1st Court of Assistant Judge, Dhaka against the Administrator, Dhaka Municipal Corporation. Their case is that t......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
....th him) instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant.
AW Bhuiyan, Additional Attorney‑General (B Hossain, Deputy Attorney‑General and Sharifuddin Chaklader, Assistant Attorney‑General with him) instructed by AW Mallik, Advocate‑on‑Record-For the Res......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:
...... first two categories. The disputed land falls into Class B (4) in the first category. General Land Register shows that the disputed land has been classified 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 ..
Category: Property Law | Date: | Hits: 68
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....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. ......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. ......paddy field and kept it under a tree near his house and when the Police came to investigate, he had shown him the paddy field from where some blood stained earth and grass were seized by the Police Officer under Exhibit‑2. This has been proved by PW 14. There is no evidence whatever in sup..Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....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. ......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. ......ed on goods specified in the Third Schedule of the Octroi Rules. Item No. 22 of this Schedule provides for exemption of certain Government properties on production of a certificate from a Gazetted Officer of the concerned Department of the Government. Part one of Item No. 22, which is relevant t..Category: Fiscal/Taxation Law | Date: | Hits: 92
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....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. ...... C series that the contesting defendants were in possession of the suit land. But the two Courts differed with regard to the period of possession. The Court noticed the report of the Revenue Circle Officer on local inquiry stating that the heirs of Abdul Hakim and others were in possession of la..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....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. ......sband had executed a will before his death distributing properties, movable and immovable, among herself and the defendants. The Magistrate however submitted a report on 13.6.71 to the sub-Divisional Officer, Barguna stating that the plaintiff was the only heir of her deceased husband. Then during t..Category: Property Law | Date: | Hits: 52
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....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. ......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. ......ourts 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 under PO No. 88 of 1972 was illegal and wit..Category: Civil Law | Date: | Hits: 106
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....r Advocate, instructed by Md. Aftab Hossain, Advocate‑onRecord‑For the Appellant (In Civil Appeal No. 35 of 1987). Abdul Wadud Bhuiyan, Additional Attorney-General (Sharifuddin Chaklader, Assistant Attorney‑General, with him), instructed by Md. Nawab Ali Advocate‑on‑Record‑For th...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......tions as the Government may determine. The Administrative Appellate Tribunal shall consist of one Chairman who is, or has been, or is qualified to be a Judge of the Supreme Court or is or has been an Officer in the service of the Republic not below the rank of Additional Secretary to the Government,..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
....Nowab Ali, Advocate‑on‑Record ‑For the Petitioner. AW Bhuiyan, Additional Attorney‑General, (M/s. B Hossain, Deputy Attorney‑General and Sharifuddin Chaklader, Assistant Attorney‑General, with him), instructed by Mvi. Md. Wahidullah, Advocate‑ on&...... 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)
....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. ......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. ......Pakistan period, the plaintiff entered the service of Pakistan National Oils Ltd., now Jamuna Oil Company Ltd. A disciplinary proceeding was instituted against him when he rose to be the Operation Officer of Jamuna Oil Co. Ltd. but the Enquiry Committee did not give him adequate opportunity to ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....o. 1449 of 1968 setting aside the concurrent decree of the courts below and dismissing the plaintiff’s suit, Title Suit No. 89 of 1964. 2. The said suit in the Additional Court of the Assistant Judge, Sylhet Sadar, was one for declaration of title and khas possession in respect of &......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)
....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. ......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. ......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
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....chase, and that the alleged deed of exchange was registered in Pabna although the Mitras had no property at Pabna nor the plaintiff had any property in India. 5. Defendant Nos. 8 and 9, the Assistant Custodian of Enemy Property and the Government also filed a written statement contending ......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. ......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
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
.... setting aside the concurrent judgment and decree of the Courts below dismissing Title Suit No. 48 of 1971. 2. Plaintiff‑respondent No. 1 instituted the aforesaid suit in the second court of the Assistant Judge, Serajganj for declaration of title to and recovery of Khash possession of the suit ......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 93
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