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Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....to submit accounts regularly. The appellant filed an application before the Subordinate Judge for appointment of a receiver which was allowed and receiver was appointed, who took over charge and also possession of the suit property from the receiver appointed by the criminal Court. The responden...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......s allowed and receiver was appointed, who took over charge and also possession of the suit property from the receiver appointed by the criminal Court. The respondent filed an application before the trial Court for recalling the writ appointing the receiver. The trial Judge rejected the applicati...... Present: Fazle Munim J Ruhul Islam J KM Subhan J. Jogendra Kumar Dutta ........................Appellant Vs. Nur Mohammad and others................Respondent Judgment June 15th, 1978. Cases Referred ..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
.... April 9, 1972. Respondents 1-6 claimed to be co‑sharers by inheritance and respondents 7-9 claimed to be co-sharers: by purchase. The land originally belonged to one Sadat Ali Kari, predecessor-in-interest of respondents 1-6 and as such they claimed as co-sharers by inheritance. Responden......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......case land. Their further case is that no notice of sale was served upon them and that in order to avoid pre‑emption the kabala was registered in a different Sub‑Registry. 3. The trial Court allowed the Miscellaneous case being Miscellaneous Case No. 133 of 1973 against the dec......993) 171 ..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
.... rejected the plaintiff-Respondent’s prayer for temporary injunction. In revision, Civil Revision No. 1984 of 1991 dated 11. 11.91, a learned Single Judge of the High Court Division made the Rule absolute, passed an order of status quo restraining the appellant from making any construction over th......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......11.11.91 passed by the High Court Division in Civil Revision No. 1984 of 1991). Judgment Mustafa Kamal J.- This appeal by defendant No. 1 arises out of a temporary injunction matter. Both the trial Court, Assistant Judge, 1st Court, Chittagong in OS No. 215 of 1989 by Judgment and order date...... MH Rahman J ATM Fazal J Mustafa Kamal J Latifur Rahman J Haji Nurul Alam @ Haji Nurul Alam Sawdagar.....................Appellant Vs. Al‑Haj Abdus Sobhan Sawdagar Wakf Estate and another ....................Respondents Judgment January 22, 1992. Lawyers Involved: ..Category: Property Law | Date: | Hits: 66
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....n order dated 28 August 1990 in Civil Rule No. 83(F) of 1990. Petitioner did not challenge this condonation. Respondent then filed an appeal‑FAT No. 206 of 1990‑in TS No. 169 of 1981 also, after a delay of 576 days, and on their application under section 5, Limitation Act, the High C......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......appeal from an order of the High Court Division dated 25 November 1991, in Civil Rule No. 115(F) of 1990, condoning & respondent‑plaintiff s delay of 576 days in filing an appeal from the trial Court's Judgment and decree, passed in Tide Suit No. 69 of 1981. 2. This suit was tri......Afzal J Mustafa Kamal J Latifur Rahman J Suruzzamal ..................................Petitioner Vs. Bangladesh represented by Secretary, Ministry of Public Works and Urban Development and another...............................Respondents Judgment ..Category: Property Law | Date: | Hits: 101
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....ourt to the appellant in Civil Petition No. 338 of 1978 preferred against the Judgment and order dated 7.7.1978 passed by the High Court Division in Writ Petition No. 163 of 1978 making the rule absolute and acquitted the accused-respondents who were convicted under sections 395 and 397 of the P......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......the accused; (c) The evidence of P.W. 12 shows that the statements recorded under section 161 Cr.P.C. had been lost, (d) the petitioners had already suffered imprisonment as well as hajat as under-trial prisoners and convicted accused for four years. 5. On consideration of these circumst...... Badrul Haider Chowdhury J. State............................Appellant Vs. Zahir and ors ..............Respondents Judgment November 27th, 1980. Lawyers Invo..Category: Criminal Law | Date: | Hits: 48
Kalu and another Vs. State, 1993, 22 CLC (AD)
....conviction and sentence passed by the Additional Sessions Judge, Mymensingh who found the appellants guilty under section 201 of the Penal Code and sentenced each to 3 (three) years' rigorous imprisonment. 2. One Tegu alias Bahajuddin was attacked by the mob and students in the morning o...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......back with water she saw that appellants pressed Tegu into a ditch. 3. An inquiry was held by a Magistrate, First Class, Jamalpur who committed the appellants to the Court of Session to stand trial under sections 302/34 of the Penal Code. Nine witnesses were examined on behalf of the prosec......pellate Division (Criminal) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J. Kalu and another........ .....Appellants &nb..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
.... Respondent. Criminal Appeal No. 7 of 1992. (From the Judgment and order dated 17th & 18.3.91 passed by the High Court Division in Death Reference No. 28 of 1990 (Dhaka)/2/82 (Jrssore) & Jail Appeal No. 38 of 1988 & Criminal Appeal No. 37 of 1988 respectively). J......6.85 at about 6‑45 AM. Deceased Ekhlasuddin had some business at Jessore with his Advocate Nurul Islam and had to cross the river Nabaganga 11/2 miles away from his house by boat at a place called Baraipara Kheyaghat. Ekhlasuddin asked his nephew P.W. 5 BM Imdadul Huq @ Tulu to go to Bar...... Mustafa Kamal J : 36 accused persons, including the four accused‑appellants before us, stood their trial before the learned Sessions Judge, Narail in Sessions Case No. 22 of 1986 variously under sec......ed in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....an. The petitioner unsuccessfully filed Writ Petition No. 763 of 1990 challenging the decision of the BSB to sell its assets and the leave to appeal from the Judgment of the High Court Division was also dismissed by this Division on 21.5.1990. 2. Then the petitioner filed the present Writ Petitio......ossession of the premises of the company no formal delivery was necessary. 5. Dr. Hossain questioned the authority of the Bank to sell the property by private negotiation when the Bank had already called public tender and the last date for tender was yet to expire on 23.4.90. He drew our attentio......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......ivision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16, 1993. Lawyers Invol..Category: Banking Law | Date: | Hits: 142
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
.... in the Nalchity Police Station, alleging, inter alia, that while he and his elder brother P.W. 12 Abdul Mannan were away from their house in the morning, the accused appellants, and many other persons, variously armed, raided their house in order to take its forcible possession, broke through t......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......hin time, prescribed under section 339C of the Code of Criminal Procedure. 4. The appellants along with sixteen others were charged under sections 301/148/149/ 448/34 of the Penal Code. The trial Court convicted the appellants under section 304 Part 1/109 of that Code. The High Court Div...... ..Category: Criminal Law | Date: | Hits: 40
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
....plications for pre‑emption, Miscellancous Case Nos. 14, 15, 18 and 19 of 1973 in the Court of Munsif, Fifth Court, Sadar, Chittagong, on the ground that the vendors without any notice to them sold the case land to the respondent pre-emptee, a stranger to the holding in question. 2. ...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......sif, Fifth Court, Sadar, Chittagong, on the ground that the vendors without any notice to them sold the case land to the respondent pre-emptee, a stranger to the holding in question. 2. The trial Court dismissed the petitions after holding that the pre-emptors were not co‑sharers by......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman Golchera Khatun being dead her heirs: Akhter Hossain and others (in all the Appeals) ............. Appellant Vs. Sayera Khatoon..............Category: Property Law | Date: | Hits: 72
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....rom 1.10.61 to 9.9.62 but did not deposit the amount to the Government treasury nor did he enter the receipts in the office records and registers and thereby misappropriated the said amount for personal gain. The respondent was once tried earlier and convicted under section 409 Penal Code and un......charge as framed by his predecessor was defective as the aforesaid amount collected by 411 receipts gave rise to 411 separate transactions proceeded to convict the respondent in respect of, what he called, one item of offence only i.e. dakhila Ext. 12 by which the respondent had realized Tk. 214....... Tk. 18,000.00 in default to RI for two years more. On appeal the order of conviction and sentence was set aside by the High Court Division on the ground of misjoinder of charges and there was a retrial held by the Special Judge, Khulna Division (at Patuakhali) as ordered by the High Court Divis......For the Appellant. Abdus Sobhan, Advocate, Supreme Court, instructed by Ataul Haque, Advocate-on-Record -For the Respondent. Criminal Appeal No. 15 of 1990. (From the Judgment and Order dated 12 January, 1986 passed by the High Court Division, Barisal Bench in Criminal Appea..Category: Criminal Law | Date: | Hits: 41
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....e learned Subordinate Judge by order dated 9.10.90 rejected their application holding that the appellants were lessees for 1389 BS only and there was no paper to show that they were present lessees also. 5. The appellants did not take a......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......suit No. 630 of 1979, for the self same land, the appellants got themselves added as defendants and contested the suit, that the plaintiffs' prayer for injunction was refused in that suit both by the trial Court and in appeal, that the present suit was filed without making them defendants and their ...... also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....sain Ys. Basharat Ali, 32 DLR (AD) 54. In that case lands in several plots comprising five different holdings, but touching each other only marginally and not forming a compact block of land, were sought to be pre‑empted by a person claiming that his land was contiguous to these five lands......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......the ground that only a part of Plot No. 2574 is contiguous to the appellant's land that Plot No. 2573 is not at all contiguous, and as such he is not entitled to pre‑empt both the plots. The trial Court allowed pre‑emption in respect of both the plots finding them to be contiguous to......sp; Vs. Hosne Ara Begum and others....................... Pre‑emptee-Respondents Judgment April 21st, ..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....f the parties and the evidence of P.W.1 that the date of hearing was within the knowledge of the defendants, the trial Court rejected the application for restoration. The prayer for condonation was also rejected as explanation for the delay was not found to be satisfactory. The appellate Court uphel......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......delay. After considering that the date for the hearing was fixed within the knowledge of the parties and the evidence of P.W.1 that the date of hearing was within the knowledge of the defendants, the trial Court rejected the application for restoration. The prayer for condonation was also rejected a...... This case is also reported in: 45 DLR (AD) (1993) 112 ..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods while acquitting the accused as passed by a Division Bench of the High Court Division, Dhaka on 5.12.91 in Criminal Appeal No. 445 of 1989. 2. The appellant was the Master and person in‑charge of a small coastal Pakistani trawler, Sea Hawk. He along with the crew was trie......have been produced before it. It is for the court to consider all the relevant facts and hear all the necessary parties before making an order for disposal of the goods under section 517 Cr.P.C. if called upon. In view of the facts stated above it is neither possible nor desirable for this court ......hat they did not give the goods to the Police. 6. It appears from the copy of the order‑sheet of M Special Tribunal that some samples of the seized goods were produced at the time of trial and only those samples remained in the custody of the Court on the day of delivery of Judgmen...... Appellant. Shamsul Alam, Deputy Attorney‑General ,instructed by A W Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No. 6 of 1992 (From the Judgment and order dated 5.12.91 passed by the High Court Division, Dhaka in Criminal Appeal No. 445 of 1989..Category: Criminal Law | Date: | Hits: 62
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....quired under section 195(1)(b) of the Code of Criminal Procedure 1898, briefly, the Code, is necessary for an offence under section 211 of the Penal Code falsely charging in an FIR/Complaint any person with having committed an offence, unless the Court has taken cognizance of any offence upon the......cterised as a judicial act and therefore one performing in his capacity as a Court.” It was further held that the, proceedings for bait, etc. before the Magistrate during police investigation called for the performance of judicial function by the Magistrate and as such he acts as a court. ......Thereafter the Police submitted a prosecution report in NGR Case No. 548 of 1976 against the appellant alleging an offence under section 211 of the Penal Code upon which cognizance was taken and a trial held. 3. An Honorary Magistrate, by Judgment and order dated 23.11.81, found the appe......; Vs. Abdul Kader and other............................Respondents Judgment May 8th, 1991. Cas..Category: Criminal Law | Date: | Hits: 40
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....1 dismissing his petition for leave to appeal No. 292 of 1991. 2. The petitioner who was a Collector of Customs and Excise at Khulna upon conviction by a Special Martial Law Court was compulsorily retired from service by notification dated 4.8.93 under Rule 4(3) (b) of the Government Serv......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......l J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents Judgment December 10th, 1992. Lawyers Involved: ..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....f detention dated August 18, 1991 under section (3)(1)(a) of the Special Powers Act, 1974. 3. In the grounds of detention it is stated that the detenu had been engaged in various anti‑social and unlawful activities, and for that there was resentment and hatred against him in the min......d insufficient, that there are no particulars, no details‑nothing specific about the detenu’s prejudicial activities or maintaining of a private army immediately before his arrest that called for the order of detention. In support of this contention, reliance is placed on the State o......n the framework of that law. However, temptations to resort to such law as an alternative to the ordinary law that calls for hard labour, intelligence and patience for investigation, detection and trial of an offence, seemingly similar to a prejudicial act, are there, (examples of abuse of the l......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawy..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....ts did not come to the Court with clean hands, the trial Court in the present case held that its finding could operate as res judicata, the earlier decision being not only on maintainability but also on merit. The High Court Division held that the other findings in the earlier pre-emption case c......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ...... 2. The grounds on which the appellant resisted the present pre‑emption case were, inter alia, that the application was barred by res judicata and that it was bad for defect of parties. The trial Court found that the case was bad for defect of party as one Amalendu Dev, a co-sharer in the...... Mustafa Kamal J Latifur Rahman J. Golam Mohammad..............................Appellant Vs. Sree Sailendra Nath Kanangoe being dead his heirs Sree Biman Behari Kanangoe and others...........Respondents Judgment January 20th, 1993. Cases Referred..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
.... transferred to the respondents if they could establish their claim that they are owners of the majority shares thereof. At one stage, during a short-lived amendment of Article 10(l), Government also took a tentative decision to release the enterprise but did not proceed further. Thereupon the r......ned property nor owned by a statutory corporation, the vesting of its shares or other proprietory interests takes place for the first time under PO No. 27 of 1972. This is what may be called the Government's general power of placement of any kind of industrial enterprise under a Cor......The questions are whether the property of Respondent No. 1 is an abandoned property and, even if it were not an abandoned property, whether its subsequent placement under the Corporation as an industrial enterprise is valid under the Nationalisation of Industrial Enterprises Order, 1972. 2......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh, represented by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engin..Category: Property Law | Date: | Hits: 65
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