Search Options
Judgment Advanced Search
Displaying 5301-5320 of 5707 results.
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....1985 lodged by Informant (Ismail Fakir PW 1) alleging that his brother Idris Fakir had been murdered by the appellant, along with others, when his brother had protested the action of the accused persons in taking forcible possession of Idris Fakir's boro paddy land. At about 9‑00 AM that da......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. ......dence 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 case, along with its counter‑case, according to the established pract...... 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..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)
...., 84, 740.89 and requested the Controller of Movement and Stores, Ministry of Food (appellant No. 4) to pay this amount. The Controller first accepted the claim and, as appears necessary fund was also placed at his disposal by the Ministry for payment of the octroi. At a later stage, the Control......ly the fringe or branch of the matter. In the instant case, production of a certificate to the effect that the property will be used for official purpose only goes to the matter of levying the tax called octroi. The rule does not cast any duty upon the tax‑collector to find out the purpose......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. ......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 Private company limite..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....rt whereby the judgment and decree of the trial Court was reversed arising out of a 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 m......vidence Act left those out of consideration as the learned Single Judge of the High Court Division was of the opinion that those documents were not admissible in evidence as the originals were not called for. Mr. SR Pal, learned Advocate appearing for the defendant appellants rightly argued that...... of the High Court Division, Comilla Session, Comilla passed in Civil Revision No. 308 of 1985 affirming the judgment and decree of the lower appellate Court whereby the judgment and decree of the trial Court was reversed arising out of a suit for simple partition. 2. The case, of t......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Joynal Abedin and others…………….. Defendant‑Appellants Vs. ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....d possession of the suit land. Abdul Hakim and others never left for Arakan. The alleged pattadars from Badruddoza never possessed the suit land on the basis of any patta. As such by purchase from some of them, the plaintiff also did not acquire any right, title and interest in the suit land and......by way of coming to a finding of fact, states, "Now it appears that the contesting defendants, after they gave up their possession in favour of the landlord ... .... etc." This is what is called begging the question. 15. Thus the lower appellate Court completely missed the real ......heir names. They have sold 2 kanis of land to one Kabir Ahmed Master. Yusuf Ali, an alleged pattadar, filed a criminal case against the defendants in respect of the suit, but he lost. 7. The trial Court found that the suit register of Rent Suit No. 780 of 1934, Ext. 8 did not relate to the......ahman J Musa Ali ..................Appellant Vs. Nur Ahmed and others...................Respondents Judgment November 25, 1990 Lawyers I..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
.... Schedule Ga property is the description of ornaments left by her husband. The defendants being full brothers and near relations of her husband were conspiring to deprive her from her inheritance and so she filed an application to the Martial Law. Administrator who appointed a 1st Class Magistrate f......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 the properties of the deceased husband of the plaintiff amongst the plaintiff and the defendants. The will left by Thanchanio, Talukder should also be considered in the same light. 4. The trial Court decreed the suit on the ground that the will Ext. B is not effective because a Burmese B......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..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....th November, 1991 on a short ground that section 32 of the Special Powers Act, 1974 was a bar to grant bail. 3. Though the appellant is named in the FIR as one of the seven accused persons who are alleged to have committed the offence of abduction there appears to be no particular o......ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ...... In the facts and circumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ......minal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Madar Chandra Basu................Appellant Vs. The State .............Respondent...Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....ff’s case, inter alia, is that his grandfather Hara Nath Sarkar was owner to the extent of 1/3rd share in the aforesaid joint property measuring 12.91 acres. Hara Nath died leaving plaintiff, son of his predeceased son Jogendra Nath Sarker and three other sons, namely, Manik Sarkar, Nagend......first have maintained his action to a successful result". 13. The principle of law referred to above cannot be disputed but in the facts of the present case it cannot be usefully called in aid. We shall presently see why. 14. Mr. Ozair Farooq, learned Advocate̴...... will of Hara Nath which was not genuine. The contesting defendant also pleaded defect of parties and bar of limitation. 6. On consideration of the evidence adduced by the parties the trial Court held that the Will (marked Ext. 1) executed and registered by Hara Nath Sarkar in favou...... 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..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....91. Charge was 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 disproportionate to his known sources of i......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: ...... the High Court Division, Dhaka in Criminal Revision No. 120 of 1992). Judgment ATM Afzal J.- The former President of Bangladesh, Hussain Muhammad Ershad, the accused petitioner, is facing trial on a charge of corruption in Special Case No. 7 of 1991 before the Divisional Special Judge, D...... 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..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
.... Ex‑parte ‑ Respondent Nos. 2.15. Civil Appeal No. 69 of 1986 (From the Judgment and order dated 25th May, 1986 passed by the High Court Division, Circuit Bench, Jessore in Civil Revision No. 249 of 1985). Judgment: &n......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. ......ircle Officer, Revenue in Misc. Case No. 110 of 1973‑74 under PO No. 88 of 1972 was illegal and without jurisdiction. In that suit the plaintiff prayed for temporary injunction. 3. The trial Court allowed the prayer for temporary injunction and on appeal the same was affirmed. In re...... Present: MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Rupban Bibi..... ....................Plaintiff‑Appellant Vs. Aynal Kha and others................Defendant‑Respondents Judgment July 16th, 1991 ..Category: Civil Law | Date: | Hits: 106
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
.... shares of his shipping business to the complainant and the complainant parted with the money and the same was misappropriated by the accused on giving a false promise to her by deception. There is also another averment in the petition of complaint that the accused issued two cheques for the amount ......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. ......ntire allegations found a prima facie case of cheating and in that view of the matter refused to quash the proceeding, as the falsity or truth of the petition of complaint would be ascertained at the trial on evidence. Mr. Rokonuddin Mahmood, learned Advocate appearing for the accused‑appellant......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..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....utstanding liabilities in respect of a sanctioned overdraft facilities granted to the defendant. At the time of filing of the plaint the plaintiff along with the plaint filed photo‑copies of some documents with a list of documents. Thereafter the plaintiff filed an application praying for ......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......equently filed by the plaintiff in Court. When the suit came up for hearing one witness was examined on behalf of the plaintiff who proved some of those documents which were marked exhibits by the trial Court. The learned Advocate of the defendant declined to cross‑examine witness No. 1 of......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..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ut in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tribunal The power to create an appellate forum can be found from the proviso to Article 117(2) of the Constitution and the Supreme Court was not the only appellate forum inte......e it is a body to which a matter is referred by another body. An administrative tribunal may act judicially, but still remain an administrative tribunal as distinguished from a Court, strictly so called. " 30. Both the Bench and the Bar in the countries where English common law system had an......Australia and others [1957] 2 All ER 45. By the Commonwealth Conciliation and Arbitration Act, 1904‑1952 the Commonwealth Court of Conciliation and Arbitration was set up for the settlement of industrial disputes as a superior court of record and vested in it original jurisdiction functions of an ...... 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 .......Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
....Court Division. In the Constitution of the People's Republic of Bangladesh, in Article 65, for clause (3) the following was substituted by the impugned amendment: "(3) Until the dissolution of Parliament occurring next after the expiration of the period of ten years beginning ......sively for women has destroyed the principle of democracy as expressed in the Preamble, in clause (1) of Article 7 and Articles 8 and 11 of the Constitution. A system of indirect election cannot be called undemocratic. It is provided in the Constitution itself. The amendment is not also violative...... 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. ...... Dr. Ahmed Hussain ..................Petitioner. Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992 Lawyers Invol..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
.... the objects for which the Company was established was to acquire and take over all the properties, rights, interests and assets of Pakistan National Oils Ltd., that its shares are held by three persons, majority of which are in the name of Bangladesh Petroleum Corporation. Jamuna Oil Co. Ltd. h......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. ......e only under the Jamuna Oil Company Ltd. He did not become an employee under defendant No. 3 Bangladesh Petroleum Corporation. It was asserted that the enquiry was conducted properly. 4. The trial Court found that the plaintiff was given all opportunities to defend himself before the Enqui...... 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............................Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....n of the suit land. Hence the suit. 3. Defendants 1, 2, 3, 6, 7 and 9 contested the suit by filing a joint written statement denying the plaintiffs case. Their own case, inter alia, is that some of the present defendants and the predecessors of some other defendants took settlement of ......lthough the initial onus was upon the plaintiff to prove his possession within twelve years before the institution of the suit. 10. Coming to the main contention of Mr. Khondker, it may be recalled that the defendants' case is that they started possessing the entire land of schedule 1 (com......g him joint possession therein. 5. On appeal by the defendants, the learned Subordinate Judge, Second Court, Sylhet, by judgment and decree dated 22.2.68, concurred with the findings of the trial Court and dismissed the appeal. 6. It may be observed that the trial Court refused to...... 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. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....of Bangladesh, represented by the Secretary, Ministry of Works, plaintiff, from the judgment of the High Court Division dated 1‑2‑90 in Civil Revision No. 709 of 1988 making the Rules absolute and setting aside the judgment and decree passed by the learned Subordinate judge, 4th Court......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. ......ritten statement she also claimed that the plaintiff received the notice of the original suit but did not appear. 5. At the trial the plaintiff‑appellant examined one witness and the defendants examined two witnesses.......ellip;……………………………………………………Appellant Vs. Chand Mia and others ..............................................................Respondents J..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....on purchased in Rent Execution Case No. 533 of 1933 in the benami of Krishna Lal Kundu, father of plaintiff No. 2 The plaintiffs' case is that after the auction purchase plaintiff No. 1 leased out some portion of the suit holding to Afser Ali Akon and others on 2nd May, 1939 on receipt of kabuli......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 transfer; and that as plaintiff No. 2 in contravention......nd that as plaintiff No. 2 in contravention of section 3 of the Act transferred more than 10 bighas of land without permission of the Collector the impugned order was rightly passed. 3. The trial Court decreed the suit. Relying on Abdul Gafur Sardar and ors. Vs. Wazedali Talukdar and anot...... 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..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....ed the same by purchase on 21.4.1914. The joint properties of three brothers were amicably partitioned and the suit property fell in the saham of Abinash Chandra Mitra who died leaving behind three sons, defendant Nos. 4-6 (respondents 3‑5) the Mitras, who transferred the suit property to ...... defines "Exchange". It says when two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only; the transaction is called an “exchange". An exchange is a mutual transfer between two persons of the owners......al No. 103 of 1978, which was dismissed and then they took a revision, Civil Revision No. 1065 of 1979, in which the Rule was made absolute by the High Court Division and an order of remand to the trial court was passed. The remand was felt necessary because the High Court Division observed that......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..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
.... by his judgment and decree dated 30‑5‑70. The High Court Division affirmed the judgment and decree of the lower appellate Court in second appeal. 2. The appellants' case is that their father Isobullah gave the suit land in kot mortgage to the defendant‑respondent Mahmud Ali by a registered...... that the appellate court below has not differed with the trial Court that Rs. 200/‑ was an inadequate consideration for the suit land at the time of execution of Ext. 1, but taking a strange and uncalled for view that Isobullah was not in a position to command the actual market value at that time......dequate price which was not more than Rs. 200/‑ at that time. The suit land has been rightly recorded in the last survey and settlement operation in the name of the defendant in his khas. 4. The trial Court held that the document Ext. 1 was a kot mortgage. The suit was decreed on that finding. ......R (AD) (1992) 83. ..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....then the plaintiff has been possessing by means of cultivation and construction of huts therein but to his utter surprise the disputed property was wrongly recorded in the name of Ananta Bandhu Sen's son and thereupon OC Suit No. 221 of 1968 was instituted but said suit failed due to some technical ......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: ...... a decree, when the Judgment‑debtor was in possession at the date of the sale. (Twelve years) The date when the sale 14. Upon a reference to the judgment of the trial Court it is found that the learned Assistant Judge comprehensively considered the fact of the ......(Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Korban Ali Talukder @ Korap Ali Talukder................Defendant ‑Appellant Vs. Abdul Jalil Sarkar and others…………….....Plaintiff‑Respondents Judgment June 6, 1991. Result: The..Category: Property Law | Date: | Hits: 93
10121011101010091008100710061005100410011000999998997996995994993992991