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Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....llip;Accused‑Appellant (in both the Appeals) Vs. State .......................Respondent Judgment February 24th, 1992. Lawyers Involved: Abdul Malek Senior Advocate, (Rafiqul Huq, Senior Advocate with him) instructed by Shamsul Huq Siddique, Advoca......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. ......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. ..Category: Constitutional Law | Date: | Hits: 150
....ntonment Directorate, Ministry of Defence, Dhaka Cantonment and others……………………..Respondents
Judgment
March 5, 1992.
Lawyers Involved:
Syed Ishtiaq Ahmed, Senior Advocate (M Nurullah, Senior Advocate and Mahmudul Islam, Advocate with him) instructed by Md......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
...... first two categories. The disputed land falls into Class B (4) in the first category. General Land Register shows that the disputed land has been classified as Class B (4) land. The Military Estates Officers appointed under Rule 2(e) are the agents of the Government for the administration of Class ..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....o, the impugned judgment under review need not be disturbed. The appeal is dismissed……….(12,17,18) Lawyers Involved: Md. Nurul Huq, Advocate ‑ For the Appellant. Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate‑on‑Record ‑For the Respondent....... 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. ...... 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. ..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
....an, learned Additional Attorney‑General. None has come to oppose the petition intended to expunge the observations in question. In the judgment the objectionable observations were made by the Senior Judge of the Division Bench of the High Court Division. The learned Judge sought to point ou...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....er 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 Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate‑on‑Record......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. ......paddy field and kept it under a tree near his house and when the Police came to investigate, he had shown him the paddy field from where some blood stained earth and grass were seized by the Police Officer under Exhibit‑2. This has been proved by PW 14. There is no evidence whatever in sup..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)
.... Lawyers Involved: AW Bhuiyan, Additional Attorney‑General, instructed by Md. Sajjadul Huq, Advocate –on ‑Record -For the Appellants. Khondker Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Ozair Farooq, Advocate-on-Record-For the Respondent. ......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. ......ed on goods specified in the Third Schedule of the Octroi Rules. Item No. 22 of this Schedule provides for exemption of certain Government properties on production of a certificate from a Gazetted Officer of the concerned Department of the Government. Part one of Item No. 22, which is relevant t..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
.... January 28th, 1992. Case Referred to- Abdullah & 3 others Vs. Abdul Karim & others 20 DLR (SC) 205. Lawyers Involved: SR Pal, Senior Advocate, instructed by Miah Abdul Gafur, Advocate‑on‑Record ‑ For the App......, 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 allowed without cost. Ed. ......, 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 allowed without cost. Ed. ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ...... 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 Hakim and others were in possession of la..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....Vs. Chingneshay Magni and others…………………………………….Respondents Judgment January 20, 1992. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Appellants. ......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. ......sband had executed a will before his death distributing properties, movable and immovable, among herself and the defendants. The Magistrate however submitted a report on 13.6.71 to the sub-Divisional Officer, Barguna stating that the plaintiff was the only heir of her deceased husband. Then during t..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
.... Ramayya; In AIR 1978 Cal. 559 (564) Bali Ram Vs. Bhupendra Nath & In Habibullah Vs. Ananga Mohan AIR (29) 1942 Calcutta 571. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate Supreme Court with him) instructed by Md. Sajjadul Huq, ......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....esh claiming a sum of taka two crores which was kept with the petitioner as aforesaid. The said suit is still pending. 4. On 20.3.91 an application was filed on behalf of the petitioner before the Senior Special Judge praying for stay of further proceeding of the Special case pending disposal of ......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: ......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
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....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. ......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. ......ourts below allowing an application for temporary injunction under Order 39 rule 1 of the Code of Civil Procedure. 2. The plaintiff bought a suit for declaration that the order of the Circle Officer, Revenue in Misc. Case No. 110 of 1973‑74 under PO No. 88 of 1972 was illegal and wit..Category: Civil Law | Date: | Hits: 106
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... Case Referred to- Commissioner of Income‑Tax, Kerala Vs Malayalam Plantations Ltd. [1964] 53 ITR (SC) 140 (150). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate -on‑Record‑ For the App...... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ...... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....ique, Advocate‑on‑Record- For the Appellant. M Shamsul Alam, Deputy Attorney General, instructed by SU Chaklader, Advocate‑on‑Record ‑ For the State (Respondent No. 1). Sirajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondent No. ......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. ......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)
....udgment 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‑Record‑ For the......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. ......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. ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....20); Fenton Vs. Hampton, (1858) 117 RR 32 at p.41: 11 Moo PC 347 & Attorney‑General for Ontario Vs. Attorney General for Canada, 1921 AC 571 (583). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑onRecord‑For the Appellant (In Civi......ly the rules to them, without considering executive policy." Parliament has been absolved from the duty of setting up a court proper in Chapter III and that is an important point to remember. Judicial Power of the State. Where does it lie in our Constitution? 71. It has been argued that ......tions as the Government may determine. The Administrative Appellate Tribunal shall consist of one Chairman who is, or has been, or is qualified to be a Judge of the Supreme Court or is or has been an Officer in the service of the Republic not below the rank of Additional Secretary to the Government,..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
....sp; Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992 Lawyers Involved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nowab Ali, Advocate‑on‑Record ‑For the Petitio...... 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. ...... 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. ..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
.....Appellants Vs. SK Dey and another.............................................Respondents Judgment August 25, 1991. Lawyers Involved: Rafiq‑ul‑Huq, Senior Advocate (AKM Nazrul Islam, Advocate with him), instructed by Mr. Sharifuddin Chaklader, Adv......justice is not known to be extended to the requirement of the charge to contain the proposed punishment or to a second show cause notice to answer the proposed punishment. 23. In his book on Judicial Review of Administrative Action, SA DE Smith (Third Edition, 1973) says as follows ......Pakistan period, the plaintiff entered the service of Pakistan National Oils Ltd., now Jamuna Oil Company Ltd. A disciplinary proceeding was instituted against him when he rose to be the Operation Officer of Jamuna Oil Co. Ltd. but the Enquiry Committee did not give him adequate opportunity to ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....9;Appellant Vs. Abdul Rahman @ Abdur Rahman and others .............Defendant‑Respondent Judgment December 12, 1991. Lawyers Involved: MH Khondakar, Senior Advocate, Supreme Court (AJ Mohammad Ali, Advocate and MA Matin Advocate Supreme Court with ......ssession was held to be not adverse mainly because of an erroneous assumption that there ought to have been evidence to show that the shebait knew about their possession from before. 14. The Judicial Committee of the Privy Council in the Secretary of State for India Vs. Debendra Lai ......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
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