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Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....209;on‑Record ‑ For the Appellant. M Nawab Ali, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No. 7 of 1988 (From the Judgment and order dated 24th November, 1985 passed by the High Court Division, Rangpur Bench in Civil Revision No. 1......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. ...... 2. Plaintiffs case, in brief, is that he purchased 0.50 acres of land i.e. 0.21 acres in Dag No. 500 and 0.29 acres in Dag No. 501 of Khatian No. 308 from defendant No. 1 by kabala dated 17.11.75 for a consideration of Tk. 2000'00. On the same day the plaintiff executed an agreement for reconve..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
.... Sharifuddin Chaklader, Advocate-on -Record-For the Respondent Nos. 1 and 2. Not represented-Respondent Nos 3 and 5. Civil Appeal No. 29 of 1990. (From the Judgment and Order dated 6.7.89 passed by the High Court Division. Barisal Bench in Civil Order No. 111 of 1989). ......f which Tk. 960'00 has fallen due to him upto Chaitra 1384 BS. The plaintiffs need the suit premises for their own occupation and for re‑building. The appellant refused to accept a registered notice under section 106 of the Transfer of Property Act. Hence the suit with the reliefs prayed f....... 473 of 1978 and 135 of 1979 dismissing both the suits, heard and disposed of analogously. 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 al..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....i, 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 Criminal Appe......h was the Secretary of the said Union Parishad who arrived earlier in the office. Then came PW 5 Abul Hossain, an inhabitant of Char Ruhita, followed by the deceased Chairman, who started perusing notices of monthly meeting and the resolution book for his eventual signature. The three accused pe......i Advocate (appeared with leave of the Court) instructed by Md. 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 ..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
.... Hossain, Deputy Attorney‑General instructed by Zinnur Ahmed, Advocate-on-Record-For the Respondent No. 2 (State). Criminal Appeal No. 21 of 1990. (From the Judgment and Order dated 24 October, 1989 passed by the High Court Division, Dhaka in Criminal Revision No. 90 of 198......earned Advocate argued that considering other circumstances of the case, the acquittal of Ali Mollah at least was manifestly wrong. 14. It is true that the evidence referred to above was not noticed by the High Court Division but then it is to be borne in mind that the High Court Division ......ated 24 October, 1989 passed by the High Court Division, Dhaka in Criminal Revision No. 90 of 1985). Judgment: ATM Afzal J: This appeal by the informant following leave arises out of an order of acquittal passed by the appellate Court and conf..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....ocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent Nos. 5-6. Contempt Petition No. 1 of 1990. (Application for Contempt of Court arising out of an order dated 25.1.90 passed by this Court in Civil Petition No. 283 of 1989). Judgment: &nbs......order to justify committal for breach of prohibitory order it is not necessary that the order would have been served upon the party against whom it has been granted, if it be proved that he had notice of the order aliunde, as by telegram, or newspaper report, or otherwise, and knew that it w...... Respondent No. 4. Moazzem Hossain, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent Nos. 5-6. Contempt Petition No. 1 of 1990. (Application for Contempt of Court arising out of an order dated 25.1.90 passed by this Court in Civil Petition ..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....eral, instructed by B Hossain, Advocate‑on- Record-For the 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 No...... 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. ......of the divisional Special Judge, Khulna. These cases had been earlier transferred by the Sessions Judge and Ex‑officio Senior Special Judge, Khulna, to the Divisional Special Judge, Khulna, for disposal. Similarly, Special Case Nos. 8, 9, 12, 13 and 14 of 1982 and Special Case No. 7 of 19..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....209;For the Respondent Nos. 34 (In CA 36/1990) Not Represented‑Respondent No. 2 (In CA 36/1991) Civil Appeal Nos. 100 of 1990 and 36 of 1991 (From the Judgment and Order dated 16th August, 1990 passed by the High Court Division, Dhaka In Matter No. 44 of 1988). ......to the new purchasers. This conclusion is based on a wrong assumption that the trade mark "Cock" was an asset of the particular factory concerned i.e. M/s Sattar Match Works. It has been noticed that neither Sattar Match Works nor Ujala Match Factory was the proprietor of the trade mar...... 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 disposed of accordingly. 2. The aforesaid proceeding was initiated by M/s Sattar Match Works (at Aziznagar, PS Lama, Chittagong Hill..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....orney‑General, with him), instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondents. Civil Appeal No. 49 of 1990 (From the judgment and order dated 12.11.1989 passed by the High Court Division, Dhaka, in Writ Petition No. 1270 of 1989). ......adesh which ceased to exist with effect from 16.12.72." It appears that the PO No. 150 of 1972 was not produced before the learned Judges. Similarly, the learned Judges did not take notice of Article 152(2) of the Constitution, which provides that the General Clauses Act, 1897 sha......p; Shahabuddin Ahmed CJ: In this appeal by special leave the question is whether the appellant, who was an Advocate of the High Court of Bangladesh immediately before the 16th December, 1972, is entitled to practise, by operation of law, before the Appellate Di..Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
....im Ali, In person-For the Petitioner. Not Represented – The Respondents. Civil Petition for Leave to appeal No. 149 of 1992 (From the Judgment and order dated 10.5.1990 passed by the Administrative Appellate Tribunal in Appeal No. 35 of 1989). ......d but on appeal the order Of removal was set aside on 12.11.86 with the observation that if the authority so desired it could reopen the departmental Proceeding from the stage of second show cause notice. The authority started the inquiry in terms of the order of the Appellate Tribunal, issued s...... May 21st, 1992. Lawyers Involved: Muhammad Muslim Ali, In person-For the Petitioner. Not Represented – The Respondents. Civil Petition for Leave to appeal No. 149 of 1992 (From the Judgment and order dated 10.5.1990 pass..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....in, Advocate Supreme Court, instructed by Md. Sajjadul Huq, Advocate‑on ‑Record‑‑For the Respondent. Civil Appeal No. 25 of 1990. (From the judgment and order dated 10.3.87 passed by the High Court Division, Dhaka in Writ Petition No. 355 of 1985) Judg......ity, misappropriated by Corporation's employees in charge of the godown. Thereafter, the respondent considered the report of enquiry and other connected papers and served a second show‑cause notice on the appellants and others on 12th November, 1985 provisionally holding them guilty of mis...... Petitions Nos. 83/1985, 137/1985, 21/1986 and 33/1986 refusing thereby to interfere with the order of provisional removal of all the petitioners of those Writ Petitions including the appellants before us from their service under the respondent, the Bangladesh Trading Corporation, briefly the &q..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ocate‑on ‑Record, Supreme Court‑For the Respondent No. 1. Ex parte‑Respondent No. 2. Criminal Appeal No. 16 of‑1989. (From the judgment and order dated 28.5.1989 passed by the High Court Division, Dhaka, in Suo Motu Contempt Rule No. 189 of ......s 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‑cause notice for ad‑interim injunction was issued but ultimately no temporary injunction was grante...... to Shahjadi Begum Wakf Estate from which 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 demol..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....;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. 506 and 5......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. ......se out of the judgment and order dated 21 August 1991 passed by a Division Bench of the High Court Division in Criminal Misc. Case Nos. 506 of 1991 and 507 of 1991 respectively rejecting the prayer for bail of the accused‑appellant under section 498 of the Code of Criminal Procedure. ..Category: Constitutional Law | Date: | Hits: 150
....ifuddin Chaklader, Assistant Attorney‑General with him) instructed by AW Mallik, Advocate‑on‑Record-For the Respondents.
Civil Appeal No. 1 of 1992
(From the Judgment and Order dated 27.8.91 passed by the High Court Division in Writ Petition No. 1215 of 1988).
Judgment
...... and directed the appellant to vacate the remaining 1.02 acres of land within 22‑6-88 failing which action would be taken under sections 6 and 7 of the Ordinance. 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......
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 at Airport Road, Tejgaon, Dhaka on a leasehold l..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....dismissed. The Registration Act,1908 (Act XVI of 1908),Section 47 The Transfer of Property Act,1882 (Act IV of 1882), Section 53A A sale- deed which is registered will relate back to its own date of execution not of any date of prior bainapatra or a subsequent date of its registration. The ......ion of section 47 of the Registration Act. The decisions in the case of Fazar Ali and others Vs. Afzal Mia and others, 9 DLR 258, and Jainullah and another Vs. Anu Miah and others, 15 DLR 77 FB, were noticed and it was held that although the plaintiffs sale‑deed was earlier in point of time (1974)......ppeal No. 5 of 1986 (Review against the Judgment and Order dated 20.7.87 passed by this Court in Civil Appeal No. 5 of 1986). Judgment Mustafa Kamal J: This is plaintiff’s appeal by leave for review of a judgment of this Court dated 20.7.87 in Civil Appeal No. 5 of 1986, reported in 40 D..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
....8209;on‑Record‑ For the Petitioner. Not represented ‑Respondents. Criminal Petition for Special Leave to Appeal No. 57 of 1988 (From the judgment and order dated 1.9.87 passed by the High Court Division's Session at Barisal in Criminal Appeal No. 110 of ...... 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. ...... AW Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate‑on‑Record‑ For the Petitioner. Not represented ‑Respondents. Criminal Petition for Special Leave to Appeal No. 57 of 1988 (From the judgment and order dated 1.9.87 passe..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....uty Attorney‑General, instructed by Mvi. Md. Wahidulla, Advocate-on‑Record ‑ For the Respondent. Criminal Appeal No. 2 of 1991 (From the judgment and order dated 30.10.89 passed by the High Court Division, Dhaka, in Criminal Appeal No. 261 of 1986). ......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. ...... 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 practice and procedure for trial of cross‑cases. 2. The prosecution case (Sessions Case No. 42 of 1985, Fari..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)
....Khondker Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Ozair Farooq, Advocate-on-Record-For the Respondent. Civil Appeal No. 6 of 1990 (From the judgment and order dated 6th June, 1988 passed by the High Court Division, Dhaka, in Writ Petition No. 111 of 1985). ...... Supreme Court in Md. Ismail vs. Province of East Pakistan, 16 DLR SC 438 to the effect that "when the party concerned came to know about the order of requisition of a property, service of the notice was not of much importance. It was a case of requisition of immovable property under sectio......in question is whether the "certificate", as required of that the appellants, under Rules that the goods in from question are Government properties and that these that goods are intended for "consumption or use for official purpose only" is mandatory, or mere directory. In ot..Category: Fiscal/Taxation Law | Date: | Hits: 92
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....the Appellant. Shafique Ahmed, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Civil Appeal No. 61 of 1986 (From the Judgment and Decree dated 16.1.85 passed by the High Court Division, Chittagong Bench, in Second Appeal No. 703 of 196......inal cases and revenue proceedings, Ext. 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 H......Judge of the High Court Division, Chittagong Bench, affirmed those of the first appellate Court by judgment and decree dated 16‑1‑85. 5.The plaintiff‑respondent's suit was for declaration of tide and confirmation of possession or alternatively khas possession in the land..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....lants. Dr. Rafiqur Rahman, Senior Advocate instructed by Seraiur Rahman, Advocate‑on‑Record‑ For the Respondents. Civil Appeal No. 49 of 1989 (From the Judgment and Decree dated 23.8.88 passed by the High Court Division, Barisal Bench in First Appeal No. 123 of 1980). ......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. ...... is the self‑acquired property of her husband and items 2‑6 thereof are immovable properties inherited by her husband from his deceased mother. Items 7 and 8 were purchased by her husband from proforma‑defendant Nos. 8‑12 by various kabalas Schedule Kha property contains the description of t..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....orney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑onRecord ‑For the Respondent. Criminal Appeal No. 2 of 1992. (From the judgment and order dated 25th November, 1991 passed by the High Court Division in Criminal Revision No. 3469 of 1991)...... of the Code of Criminal Procedure before the Upazila Magistrate, Satkhira did not name him. Without considering these aspects of the prosecution case and the fact that the prosecution in spite of notice did not come to oppose the prayer for bail the High Court Division summarily rejected the ap......; MH Rahman J.- The appellant along with eleven others were charged under section 4(b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 for abduction of minor girl on 17th March, 1991 from her father's house. 2. The learne..Category: Criminal Law | Date: | Hits: 79
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