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Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....o. 204 of 1998 (Sylhet) Judgment: Latifur Rahman J.- This appeal by leave is directed against the judgment of the High Court Division passed in Civil Revision No. 104 of 1989 making the Rule absolute and directing to proceed with the execution case in accordance with law. 2. The material f...... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......led an application before the Assistant Judge under order 22 rule 10 read with section 146 of the Code of Civil Procedure for assignment of the decree in their favour and the same was rejected by the trial Judge and the final decree was ordered to be drawn up in terms of the preliminary decree. The ...... This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 175
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....tification of the Government must be produced. The learned Judges do not appear to be aware of the fact that the required Notification No. 3498-J-24 October, 1958 had been published in the Gazette as soon as the said Criminal Law Amendment Act was enacted and that by that Notification "all Sessions ......rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......judgment and order dated 22. 4. 92, passed by the High Court Division of the Supreme Court in Criminal Revision No. 311 of 1991) Judgment: Shahabuddin Ahmed CJ.- Accused- petitioner is facing trial for offences under section 161 of the Penal Code and section 5(2) of the Prevention of Corrupt...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mozahar Ali Howlader………………….Accused-Petitioner. Vs. Lal Miah Talukder and another…………………Respondent. Judgment July 9th, 1992. Lawyers Involved: M..Category: Anti-Corruption Laws | Date: | Hits: 100
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
.... and decree of the lower appellate Court. 2. The property described in the Schedule to the plaint belonged to deceased defendant No.1 Rajeshwar Roy Chowdhury (since deceased and substituted by his sons defendant Nos. 1 (Ka) and 1 (Kha). He proposed to sell the property to plaintiff-appellants for......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......intiffs appeal by leave arising out of a suit for specific performance of contract, Title Suit No. 253 of 1959 of the 1st Court of Subordinate Judge, Barisal. By judgment and decree dated 19.4.77 the trial Court dismissed the suit and on appeal the learned Additional District Judge, Barisal by judgm...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha BeÂgum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others……..Category: Property Law | Date: | Hits: 82
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
.... Court Division could not point out Specifically, even after expiry of nearly 7 months from the filing of the FIR to any incriminating materials other than the FIR itself from where it could be reasonably inferred that there are reasonable grounds for believing that the appellant has committed th......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. ......umstances, we 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. ......rd-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-ÂRecord-For the Respondent. Criminal Appeal No. 20 of 1991 (From the Judgment and order dated 18.7.91 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 508 of 1..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....rent from that was agreed upon. On an inspection by the surveyor and a laboratory test the goods were found to be of inferior quality. The plaintiff rejected the goods, but for mitigating his loss sold away the same. It was averred in the plaint "that the cause of action of the suit arose o......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. ......eived the inspection report of the surveyor having their head office at Motijheel, Dhaka, rejected the goods and asked the defendant to take back the consignment and refund the money. 5. The trial Court rejected the defendant's prayer after holding that the question of jurisdiction did not...... The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
....sed of in the aforesaid terms.
Ed....... promoted as Deputy Inspector‑General (Prison) in February, 1987 and has been working as such at Dhaka, with an unblemished and untarnished service record. Previous to the present Rule he was never called upon to show cause why he should not be committed for contempt. In his entire career he has a......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed.......)
Present:
MH Rahman J
ATM Afzal J
Latifur Rahman J
Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail, Dhaka ...... ......Appellant.
Vs.
Tahera Nargis Syed and another............... Respondents
Judgment
July 28, 1991
Result:
The unconditional ..
Category: Criminal Law | Date: | Hits: 88
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....l injuries from unknown assailants and that the petitioners simply exercised the right of private defence of their property. 3. All the petitioners were charged under sections 447/149 and also under sections 302/34 of the Penal Code. The trial Court, on consideration of the evidence of 13...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......ember 1979 at about 7.30 AM over the possession of a paddy land. Informant, PW 1, lodged an ejahar on which the police started this case and after investigation sent up these eleven petitioners for trial. Case of the prosecution is that the land belonged to, and was in possession of, his wife PW ...... Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Samad @ AKM Abdus Samad and others................. Petitioners. Vs. The State................. Respondent ..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....bsp; Latifur Rahman J.- This appeal by the plaintiff calls in question the judgment and order of the High Court Division, Rangpur Bench, passed in Civil Revision No. 1627 of 1981 making the Rule absolute and setting aside the judgment and decree of the lower appellate Court which in turn set asi......tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......ch, passed in Civil Revision No. 1627 of 1981 making the Rule absolute and setting aside the judgment and decree of the lower appellate Court which in turn set aside the judgment and decree of the trial Court 2. Plaintiffs case, in brief, is that he purchased 0.50 acres of land i.e. 0.21 ...... Ed. ..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....2. The two plaintiff-respondents filed Title Suit No. 473 of 1978, against the defendant appellant for his eviction from the suit premises and for realisation of arrear rent and compensation, as also for permanent injunction. It was their case that in respect of the suit premises, to with, a tin......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. ...... be in possession thereof ever since. 6. The two suits were tried analogously by the learned munsif. The plaintiffs examined 7 witnesses and the appellant examined 6 witnesses. 7. The trial Court found that the plaintiffs have proved their purchase and pre‑emption of 0'080 ac...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others……&..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....1 of 1985 with Criminal Appeal No. 42 of 1985 & Jail Appeal No. 32 of 1988 respectively). Judgment: Mustafa Kamal J: Condemned prisoner Abul Khair was convicted by the learned Sessions Judge, Noakhali in ST Case No. XXII/April/80......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......o. XXII/April/80 by his judgment and order dated 22.5.85 under section 302 of the Penal Code and sentenced to death. Co-accused Mainuddin Ahmed and Mosharraf Hossain were also convicted in the same trial under sections 302/34 of the Penal Code and sentenced to imprisonment for life and to pay a f....... Nawab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the High Court Division in Death Reference No. 1 of 1985 with Cri..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
.... 3. On 19th Chaitra 1389 BS (3.4.1983) at about 10.00 AM Ali Mollah's cattle caused damage to the coconut, banana and lemon plants in the garden by the side of Hamid Mollah's house and Hamid's son Shahajuddin (PW 2) drove away the cattle. This led to a quarrel with Ali Mollah. Hamid was not ......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. ......id Mollah filed an FIR with Savar PS on the night of 4.4.83 alleging the aforesaid facts which gave rise to the present case. 5. Eventually 4 (four) persons including Ali Mollah were put on trial in the Court of the Additional District Magistrate, Dhaka to answer charges under sections 1......in Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Hamid Mollah................... Complainant-Appellant Vs. Ali Mollah and another…………………... Accused-Respondents Ju..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
...., Opposite Party No. 3, noted strong objections on both the petitions. On 27th January, 1990 opposite party No. 4, the learned Assistant Judge, rejected both the petitions without assigning any reason. The petitioner further stated that the copies of the aforesaid letter of the learned Counsel ......pplication communicating the stay order granted by this Court the title execution case was in its last stage. The writ had already been issued to the Nazir. Opposite party No. 4 could have re‑called the writ, She, however, did not do that. If she had considered with a conviction that the ma...... 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, ..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....p; Appellant Ex - parte - For the Respondents. Criminal Appeal No. 11 of 1988. (From the judgment and order dated 5.8.1986 passed by the High Court Division, Circuit Bench, Jessore, in Criminal Reference Nos. 4 and 5 of 1985). Judgment: &nbs...... for transfer of those cases from the court of the Divisional Special Judge to their courts, namely the courts of the Senior Special Judges concerned. The two Senior Special Judges, on their part, called for the records of those cases from the court of the Divisional Special Judge for the purpos......ges, whereas the Sessions Judge is the Ex‑officio Senior Special Judge. 5. Section 4(3) provides: "the Senior Special Judge may, by order in writing, transfer, at any stage of the trial, any case from the court of one Special Judge to the court of another Special judge havi......tafa Kamal J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh ......... ......Appellant Vs. Divisional Special Judge, Khulna Division and anr...........Respondents Judgement May 3rd, 1992. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 118
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....ered as 21785 in the Pakistan Registry of Trade Marks in Class 34. In 1962 the owners of Sattar Match Works established another Match Factory at Aziznagar, Lama, Chittagong Hill Tracts, which was also named as "Sattar Match Works" and which being under the same management also used the......ommon judgment and order dated 16th August, 1990 passed by a Single Judge of the High Court Division in a proceeding under section 46 read with section 72 of the Trade Marks Act, 1940 (hereinafter called the Act) being Matter No. 44 of 1988. The appeals have been heard together and will be dispo......it had been specifically mentioned that the goodwill and trade mark were also included as subjects of transfer, The learned Judge, however, found in favour of the respondents holding that the industrial unit Sattar Match Works was sold along with all its assets and properties which include also ......(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)
....Justice, Bangladesh Secretariat, Dhaka and another .....................Respondent Judgment March 16th, 1992 Lawyers Involved: Shamsuddin Ahmed, Advocate (appeared in person) ‑ For the Appellant. Aminul Haque, Attorney‑ General, (AW Bhuiyan, Addition......ellant was entitled to practise before the Appellate Division of the High Court of Bangladesh and that his right to practice continued till 16th December, 1972. With effect from that day, which is called the commencement of the Constitution the provision of Article 7(3) of PO No. 150 of 1972 cam...... 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..Category: Others | Date: | Hits: 92
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ich 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 demolition of their shops. A show‑caus......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. ......timately no temporary injunction was granted. In the meantime the Municipal Authorities demolished a part of the market. The Plaintiff’s filed an appeal before the District Judge against the trial Court's refusal to grant temporary injunction but the latter, by order dated 8 November, 1988...... Fazlur Rahman Molla ...................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice Division and another ………………… Respondent..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....er for bail whereupon the appellant moved the High Court Division under these section 498 of the Code of Criminal Procedure as already referred to above. Having been unsuccessful the there also the appellant came to this Division and has obtained leave to appeal from the impugned judgments......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. ......een fixed on 15.3.1992. In the other case, Ramna PS Case No. 53(2)/91, no chargesheet has yet been submitted although a full year has elapsed in the meantime. Therefore the prospect of holding any trial in the near future seems to be very unlikely. 10. Apart from the fact that all the ma......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...Category: Constitutional Law | Date: | Hits: 150
....ppointed 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 Boards and are subject to the orders of the Central Gove......nt of Bangladesh by virtue of an agreement for sale dated 13.9.77 can be evicted under section 3 of the Central Government Lands and Buildings (Recovery of Possession) Ordinance, 1965, herein briefly called the Ordinance.
47. Facts are not at all in dispute in appeal. I need not write in deta......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 manufacturing factory formerly belonging to M/s Drums Metal Ltd., located......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€..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....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 which the defendant‑resp...... 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. ......tion that the deed of the plaintiff dated 8.7.74 is false, collusive, without consideration and was not acted upon and that by this deed the plaintiff has not acquired any title to the suit land. The trial Court gave a clear finding that the plaintiff never obtained possession of the suit land as he...... was wrong. However, the Courts below discarded the plaintiff’s sale-deed on other ground. Section 47 of the Registration Act is attracted only when the two competing documents are otherwise at par and stand on the same footing. The plaintiff’s document will fail simply because it could not stan..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... Division dated 1 September 1987 disposing of Criminal Appeal No. 110 of 1985. The appeal was from the Session Judge's order in Sessions Case No. 36 of 1984, Patuakhali, convicting five accused persons (respondents Nos. 1‑5 in this leave petition) and sentencing them to transportation for ......' of the makers of the laws and the "hardship' created for the public by such laws as introduced by him in the instant case are necessary for the disposal of this appeal nor this court was called upon to express its opinion on such matter. It is unintelligible to me, sitting in a Divisi...... 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..Category: Criminal Law | Date: | Hits: 92
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