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State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....o his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ...... at the intervention of Mona and held out a threat that he would very soon teach her (Mona) a lesson. At about 5‑00 PM Mona was going to Khanpara across a field named Naozuan Math but at that time, all on a sudden, he was encircled by the four accused, as mentioned above, and eight others i......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....ce of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......he tenant died after the institution of the miscellaneous case. The present appellants, as heirs of the deceased, filed an application under Order 22, rule 3 (1) of the Code of Civil Procedure within time for substitution. The learned SCC Judge allowed the application by an order dated 24.3.90 after......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ..Category: Tenancy Law | Date: | Hits: 90
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....h an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......jector, Nazma Begum, was the daughter of Zubeda Khatun, who was the daughter of Sk. Kashem, referred to as propositus in this judgement. Zubeda Khatun died in 1955. Sk. Kashem died in 1984. At the time of his death he left six sons and one widow, who are the Petitioners before us. Sk. Kashem's g......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ..Category: Others | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ......t his service could only be terminated by the appointing authority and that the Managing Director of the Trust, at whose instance the order was passed was not his appointing authority at the relevant time. 4. When President's Order No. 94 of 1972 was promulgated the Chairman of the Trust was mad...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ..Category: Employment/Service Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....rtunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......jute purchased from different Centres are despatched to the Mills' Head Office at Khulna. In the Kanaipur purchasing Centre there is an Officer called Agency‑in‑Charge. At the relevant time, a Deputy Manager of the People's Jute Mills was the Agency‑in‑Charge at Kanaipur.......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....e. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ...... in front of his left ear. The victim died instantaneously. The members of the public apprehended Shahid, Mansur Ali and the appellant and they were handed over to the police ‑station at the time of the filing of the FIR. 4. The defence case is that there was an altercation in the p......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....e suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......imitation will be counted from the date of decision of the higher administrative authority. This is, however, not the respondent's case. Before filing his suit in 1987 he had spent about six years' time seeking remedies before persons and authorities not contemplated in sub-section (2). His case......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......mnifying the Bank for any loss, harm, damage or detriment entailed through the Bank's default, omission, fault or negligence occurring when the Bank has to sell the salt in such manner and at such time as the Bank may think fit when the plaintiff fails to pay on due date or demand all money due ......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
.... The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......vil Procedure for impleading him and his brother Abdul Malik in the revision case. It was, inter alia, stated that the respondent and his brother have been possessing part of the suit land for a long time on the basis of lease from the Government on payment of annual lease money, that inspite of con......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
.... 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. ......al improvement of the suit property thereafter. 6. All the three Courts have dismissed the plaintiffs’ suit on the common ground that Rajeshwar having offered the advance purchase money within time the contract stands rescinded Leave was granted to consider the appellants' submission as to wh...... second point urged by Mr. Khandker Mahbubuddin Ahmed assumes a mere academic importance. He submits that the certificate sale of the suit property on 16.11.60 was not a mortgage sale, but a sale for recovery of money. Under section 20 of the Public Demands Recovery Act the purchaser, namely, defen......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. ..Category: Property Law | Date: | Hits: 82
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
.... 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. ......d Judges of the High Court Division being not in accordance with the mandate of section 497 of the Code of Criminal Procedure the refusal of bail was illegal and not in accordance with law. At the time of granting leave, chargesheet was not submitted in the case. It appears that charge sheet has ......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. ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....ourt 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. ...... 1982 when the Letter of Credit was opened in favour of the defendant and when the plaintiff in effect rejected the goods after inspection by the SGS dated 6th October, 1982, and on each and every time when the plaintiff and their lawyers sent telex and served legal notices upon the defendant.&q......of breach of contract the infraction of the right took place where the goods were examined and rejected and not at the place where the rejection was communicated. 22. The instant case is for recovery of damage for breach of contract after rejection of the goods, found to be not up to the ......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. ..Category: Business or Commercial Law | Date: | Hits: 124
....y 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.......and Order dated 31.5.89 passed by the High Court Division, Dhaka in Criminal Contempt Case No. 6 of 1989)
Judgment
ATM Afzal J.- This appeal, as of right, by the appellant, who at the relevant time was Deputy Inspector General of Prison, Dhaka Central Jail, is from Judgment and Order dated 31......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.......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...
Category: Criminal Law | Date: | Hits: 88
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... 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. ......nd convicted for the offence provided they had the intention and knowledge as required in section 149. The only thing to be seen is whether their presence as members of an unlawful assembly at the time of the commission of the offence has been proved, However, since no appeal has been preferred ...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....tly 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. ....... 1 by kabala dated 17.11.75 for a consideration of Tk. 2000'00. On the same day the plaintiff executed an agreement for reconveyance in favour of defendant No. 1 of the land within the stipulated time as embodied in the Ekrarnama. Defendant No. 1 requested plaintiff for return of the land as pe......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. ......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. ..Category: Property Law | Date: | Hits: 98
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....on. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......hat he was asked to stop before the Union Parishad office and kept the ignition of the motor cycle running. Abul Khair went into the Parishad office and then he heard the sound of pistol shots 4/5 times. He had to carry back Abul Khair on the motor cycle on threat of fife. Mosharraf joined them ......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. ......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. ..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....eged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......ana 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 at home at that time. Ali Mollah's son Abu Taher and Shahajuddin struck each other with ordinary sticks when people......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. ......mid's sons after the occurrence in the morning then there was nothing to prevent him from causing grievous hurt at least, if not death, when he had allegedly attacked them at midnight with men and arms while the boys were asleep. The fact that no evidence was brought either from the Pangu or PG ..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... 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. ......ity of the decree was dismissed by the executing court on 1st January, 1990. The petitioner contends that the order was made public on 15th January, 1990 and on that day he made an application for time to move the High Court Division, but that application was rejected on 18th January, 1990, and...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ......he High Court Division questioning the legality of the orders of the two Senior Special Judges of Khulna and Bagerhat. A Division Bench of the High Court Division, which was on Circuit duty at that time in Jessore, accepted the Reference by its judgment dated 5 August, 1986 and held that the Sen...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....e date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......management also used the same trade mark 'Cock" on its match boxes. The two factories under the same owners carried on their business under the name of "Sattar Match Works" for some time and thereafter the owners constituted themselves into a private limited company under the Comp......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ..Category: Intellectual Property Law | Date: | Hits: 227
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