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Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... 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. ......n-Record - For the Petitioner. Abdul Hug, Advocate, instructed by Mohammad Ayub, Advocate-on-Record - For the Respondent Nos. 1-3. SS Haider, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate‑on‑Record‑ For Respondent No. 4. Moazzem Hossain, ......e court passing the stay order or from an affidavit from one of the parties to the proceeding or in other way it will stay its hands till further order and, if it does not do so, it not only acts illegally but will also be liable for contempt of the court that passed the order. There is, however,..Category: Property Law | Date: | Hits: 98
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....ala Match Factory at Shyampur, Dhaka and Sattar Match Works at Lama, Chittagong Hill Tracts as well as the Pakistan Manufacturers and Industries Limited vested in the Government as abandoned property under President's Order No. 16 of 1972. After taking over the management of the aforesaid......(Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Bangladesh Chemical Industries Corporation and another……………………………&...... referred to section 24 of the Act in support of his contention that the application by respondent Nos. 1‑3 was misconceived and not maintainable. Section 24 is as follows: In all legal Proceedings relating to a registered trade mark, the original registration of the trade mark..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. ......; Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice, Bangladesh Secretariat, Dhaka and another .....................Respondent Judgm......rson entitled to practise before the High Court of Bangladesh before constitution of the Appellate Division was also entitled to practise in the Appellate Division also when it came. If this is the legal position, and I have no hesitation to say that it is so, then the appellant was entitled to ..Category: Others | Date: | Hits: 92
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....case, Ramna PS Case No. 53(2)/91 (DAB GR Case No. 13/91) the gist of the allegation made in the FIR was that the appellant as the then Minister of Works dishonestly and all fraudulently released a property at 144 Shanti Nagar,Dhaka from the list of Abandoned Property in favour of one M/s Propert......cord‑For the Appellant. B Hossain, Advocate‑on‑Record‑For the Respondent in both the appeals Criminal Appeal No. 21 & 22 of 1991. (From the Judgment and Order dated 21 August 1991 passed by the High Court Division, Dhaka in Criminal Misc. Case No.......as arrested on 26.12.90 under section 3(1) (b) of the Special Powers Act. In Writ Petition No. 164 of 1991 the High Court Division by judgment and order dated 21.3.91 declared his detention to be illegal. He was not, however, released as the Bureau of Anti‑Corruption in the meantime filed ..Category: Constitutional Law | Date: | Hits: 150
....espondent Nos. 1 and 2).
11. M/s Drums Metal Ltd. was a company consisting of Pakistani share‑holders and after liberation its aforesaid industrial undertaking at Tejgaon became an abandoned property under the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (PO ......l)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment DirectoÂrate, Ministry of Defence, Dhaka Cantonment and others……………â€......nance. The appellant challenged these two notices dated 15.6.88 and 18.6.88 (Annexure 'A' and 'B') in Writ Petition No. 1215 of 1988 as having been issued without any lawful authority and to be of no legal effect and calling for a direction upon the respondents to cancel, rescind or withdraw the sam..
Category: Property Law | Date: | Hits: 68
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. ......tifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......................Petitioner. Vs Abdul Mannan @ A Mannan and others..................................................Respondents Judgment Novembe...... judgment of the High Court Division on the ground that these are totally irrelevant and unnecessary for the disposal of the appeal and that these observations are derogatory to the entire criminal legal system of the country. 2. We have heard Mr. Abdul Wadud Bhuiyan, learned Additional A..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....nds on which leave was granted by us are that conviction based on the evidence of a single witness as against the evidence of other local witnesses, all declared hostile by the prosecution, is not proper and that miscarriage of justice has been caused by failure of the trial Judge to try this ca...... Vs. The State .........................Respondent Judgment October 24th, 1991. Cases Referred To: Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. State 13 DLR 414 and Sadik Vs. State (1971) PLD (SC) 713. Lawyers Involved: Serajul Huq, Senior Advoc......d. Advantage of such trials, simultaneously or in quick succession, is that it gives the Judge the whole picture which helps him to appreciate properly the evidence in each case. Though there is no legal bar to trial of such cases by different Judges, such procedure is always open to the risk of ..Category: Criminal Law | Date: | Hits: 69
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
.... suit for simple partition. 2. The case, of the plaintiffs, inter alia, was that Jinnat Ali, predecessor of the plaintiff respondent Nos. 1 and 2 and others was 16 annas owner of suit property No. 1 measuring 1.46 acres recorded in CS Khatian No. 236 and owner of 15 gondas share of ......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Joynal Abedin and others…………….. Defendant‑Appellants Vs. ......liyats in favour of the landlords and the plaintiff’s have been residing in the settled lands of defendant No. 1 and Fazler Rahman. Thus, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....med the judgment and decree of the learned lower appellate Court. 24. Leave was granted primarily to consider whether the learned Single Judge of the High Court Division in Second Appeal in proper appreciation of oral and documentary evidence on record correctly affirmed the findings of f......ahman J Musa Ali ..................Appellant Vs. Nur Ahmed and others...................Respondents Judgment November 25, 1990 Lawyers I......nbelow, I will consider the respective case of the parties to see whether, the High Court's judgment or for that matter the judgment of the lower appellate Court suffers from any error of law or illegality. 29. Admittedly, the disputed land originally belonged to Abdul Hakim and others in..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....t No. 1 is a Buddhist and a widow of Thanchanio Talukder who died on the 30th March 1971 at Dhaka. She is governed by Burmese Buddhist Law according to which only the and others widow succeeds to the property of her deceased husband. The defendant‑appellants are the full brothers, of the plaintiff......ourt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chanjury Talukder and another .................................Appellants. Vs. Chingneshay Magni a......Ahmed, learned Counsel for the appellants, argued both on Ext. B, the alleged will, and the award of Bisudhananda Mahathero and submitted that the High Court Division did not correctly appreciate the legal consequences of these two documents. 8. With regard to the will Ext. B it was his first..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
.... 2. Leave to appeal was granted to consider the submission that the finding was bad in law and on fact. 3. Plaintiff claims 1/3rd share which comes to 4.30 acres out of the partible property measuring 12.91 acres as described in the different schedules annexed to the plaint. Plain...... MH Rahman J ATM Afzal J Mustafa Kamal J Jogendra Nath alias Govinda Sarker ..........Plaintiff‑Appellant. Vs. Amulya Chandra Sarker and others ..........Defendant‑Respondents. Judgment A......ect on the death of the Testator which took place on 13.3.1945. Under section 211(1) of the Succession Act 1925 "the executor or administrator, as the case may be, of a deceased person is his legal representative for all purposes and all the property of the deceased person vests in him as s..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....as framed under section 5(1) (c) (e) of the Prevention of Corruption Act, 1947 (Act II of 1947). It has been alleged, inter alia, that the petitioner had been in possession of pecuniary resources and property worth Tk. 2,21,65,238.47 which was disproporÂtionate to his known sources of income, that ...... Deputy Attorney‑ General with him) instructed by Sharifuddin Chakladar, Advocate‑on‑Record ‑For the Respondent. Criminal Petition for Leave to Appeal No. 8 of 1992. (From the Judgment and Order dated 21.1.1992 passed by the High Court Division, Dhaka in Criminal Revision No. 120 of 1......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: ..Category: Anti-Corruption Laws | Date: | Hits: 88
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....resent case. 5. On a careful consideration of the entire allegations as made out in the petition of complaint, we also find that a prima facie case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case......t Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J SA Sultan ............................Accused‑Appellant Vs. The State and another................Respondents Judgment November 20, 1991. Result: The appeal is......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....hat it is permissible to depart from the literal meaning of words by reference to the object of a statute is well established." 9. Accordingly, we hold that in an appropriate and proper case, the Court must exercise its judicial discretion in granting such leave under rule 18 o......ff‑Respondent Judgment March 8th, 1992 Case Referred to- Lahore Improvement Trust Vs. Khuda Bakksh Meraj Din PLD 1956 Lah. 252. Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharifuddin Chaklader, Advocate‑on...... holding, inter alia, that the provision as contained in rule 18 of Order VII of the Code is directory and not mandatory and non‑compliance with the same rule is an irregularity and not an illegality. 4. In the background of the facts and circumstance as mentioned above, leave was g..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....persons in the service of the republic, including the matters provided for in Part IX and the award of penalties or punishments; (b) the acquisition, administration management and disposal of any property vested in or managed by the Government by or under any law including the operation and mana...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmul Hasan and others ...........f Mauritius [1985] 1 All ER 864. "[T]he Parliament of Ceylon passed Acts pursuant to a legislative plan ex post facto to secure the conviction and enhance the punishment of particular individuals legalizing the imprisonment while they were awaiting trial, making admissible statement which had be..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
.... and without lawful authority and that the plaintiff’s service under the appellant still exists. It was his case that after liberation Pakistan National Oils Ltd. was declared as an abandoned property and it was being managed by a Management Board under the name and style of Jamuna Oil Com...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jamuna Oil Company Limited and another................Appellants Vs. SK Dey and another................................ 2. Respondent No. 1 as plaintiff instituted the suit for a declaration that the order of dismissal from service passed by defendant No. 1 Appellant Jamuna. Oil Company Ltd. on 23.3.79 is illegal, malafide and without lawful authority and that the plaintiff’s service under the appel..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....the doctrine upon which the principle enunciated is based. 12. It will be seen that the principle is not of an absolute nature and the presumption in favour of landlord may be displaced by proper evidence and circumstances in a particular case. In 10 Cal 820 the plaintiffs sought to rec...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Sattar ......................Plaintiff‑Appellant Vs. Abdul Rahman @ Abdur Rahman and others .............Defendant‑Respondent Judgment December 12, 1991. ...... specially when the same shebait granted the farag Ext. 4 with respect to the same land to the defendants as well, "It was also held that when the shebait (PW 4) did not or could not prove any legal necessity for permanent settlement of the suit land with the plaintiffs, they did not derive ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....nd in excess of 10 standard bighas. 2. The Government, appellant before us, contested the suit asserting, inter alia, that Krishna Lai Kundu was the real auction‑purchaser of the suit property and not a benamder, that the so‑called deed of release was in fact a deed of transf...... Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgment August 7, 1991 Cases Referred to- Abdul Gafur Sardar and ors. Vs. Wazedali Talukder and another, 19 DLR 33 (37); Mt. Goday Koowur Vs. Mt. Ladoo, 13 Moo......ioner (Rev) Bakerganj passed in Case No, 1 of 1962‑63 under the provisions of Transfer of Agricultural Land Act, 1951 (Act XXXIII of 1951) hereinafter referred to, in brief, as the Act, was illegal, without jurisdiction and not binding upon them. By that order the Government forfeited the ..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....to the Fourth Court renumbered as above praying for a declaration that the decree dated 20.9.72 passed in Title Suit No. 35 of 1971 by the Subordinate Judge, 3rd Court Dhaka, in respect of the suit property is void and not binding on the plaintiff, that the kabala dated 23.2.73 obtained through ......t Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sahera Khatun and another............................Defendant‑Appellant. Vs. Anwara Khatun an......it is futile to say that the plaintiff had no properties at Murshidabad. After such findings, the High Court Division had very little to do in revision when the said findings could not be assailed legally. It was not essential for the High Court Division to review the defendants' aforesaid docum..Category: Property Law | Date: | Hits: 58
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....iting delivery with a prayer to restrain the Collector from disposing of the said cement during the pendency of the Rule and further to direct him to deliver the same to the respondent upon obtaining proper guarantee. The appellants of C.A 22/91 were respectively made respondent Nos. 1 and 2 and the......preme Court Appellate Division (Civil) Present: H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh....................Appellant. Vs. Anis and Co. and others....................Respondents (In Civil Appeal No. 22 of 1991) Abu Taleb alia......he cement passed with the bill of lading which had been endorsed in its favour and thus the rejection of its claim to and holding of auction of the, cement in question by the Customs Authority were illegal and without jurisdiction. 7. The appellants (in CA 22.91) in their affidavit‑in‑opposit..Category: Business or Commercial Law | Date: | Hits: 130
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