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Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....sion 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. ......from 3.8.1972, by PO No. 91 of 1972. The basis for such a dispute appears to be that though PO No. 5 of 1972 conferred right on the appellant to practise before the High Court of Bangladesh at the time when there was no Appellate Division, the PO No. 91 of 1972 which brought in the Appellate Div...... 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. ...... 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. ..Category: Others | Date: | Hits: 92
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......efly the "Corporation". 2. Appellant No. 1 was Store Assistant and Appellant No. 2 was Security Assistant of the Corporation posted in its Regional Office at Khulna at the relevant time. Petitioners of the other four Writ Petitions, as referred to above, were also employees of th......rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
.... 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. ......mporary injunction against apprehended demolition of their shops. A show‑cause notice for ad‑interim injunction was issued but ultimately no temporary injunction was granted. In the meantime the Municipal Authorities demolished a part of the market. The Plaintiff’s filed an appe......od. Another ground for disbelieving the contempt petition is that had there been any violent demolition of the shops the appellant would have filed 'ejahar' with the Police or instituted a suit for recovery of damage and loss due to the demolition. These are mere conjectures. In the GD Entry and ......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)
....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. ......ion No. 164 of 1991 the High Court Division by judgment and order dated 21.3.91 declared his detention to be illegal. He was not, however, released as the Bureau of Anti‑Corruption in the meantime filed two Criminal cases, Ramna PS. Case Nos. 53(2) 91 and 89(2)91 on 11.2.91 and 19.2.91 res......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
.... is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
...... building and puts the Central Government into possession of the same, any officer authorized by the Central Government in this behalf may, notwithstanding anything contained in any other law for the time being in force or in any contract, at any time, enter upon the demised land or building and rec......ad a bona fide claim of right to possess the land, that it is neither a lessee under the Government (in the Ministry of Defence) nor an unauthorised occupant as alleged, and as such the Ordinance for recovery of possession of the disputed land was not attracted and the notices were thus illegal and ......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:
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Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....he 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. ......of his possession under section 53A of the Transfer of Property Act, but as this plea was not taken in the written statement the learned Single Judge did not allow the plea to be raised for the first time in revision. The Rule was made absolute, the concurrent judgments of the Courts below were set ...... by which the defendant‑respondent was claiming title over the suit land, be declared as illegal, void, etc. Later, the prayer was amended so as to include a prayer for permanent injunction as also recovery of possession. 3. One Alauddin Bhuiyan was the owner of the suit land. He sold the suit ...... 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
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e 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. ...... died instantaneously in the paddy field. In due course, investigation was held and the accused along with eight others was put on trial on a charge of murder. His defence was that at the relevant time he was under medical treatment in Dhaka and that no such incident as alleged by the prosecutio......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. ......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. ..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)
....e 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. ......ndent, after some hesitation, accepted this reduction and requested the appellants to make payment of the balance, The Controller, however, raised fresh objections saying the entire payment became time‑barred and that the goods are not at all liable to octroi because these are government p......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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
.... Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ...... of Jinnat Ali was not extinguished for not impleading all the co‑sharer landlords in the rent suit and rent execution cases overlooking that Rajkishore not Mathura Mohan was landlord at the time of auction held in Rent Execution Case No. 64 or 1905 and other co‑sharers landlords wer......, 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)
....s 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. ......o did not acquire any right, title and interest in the suit land and the contesting defendants never threatened him with dispossession. These defendants have been possessing the suit land from the time of their ancestors. The suit land has been recorded in the S.A. Khatian in their names. They h......nd decree passed in Title Suit No. 129 of 1958 of the Court of Munsif, Cox's Bazar. 21. Plaintiff filed a suit for declaration of title, confirmation of possession or in the alternative for recovery of khas possession in the suit land and also for permanent injunction. Plaintiff’s c......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. ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
.... 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. ......hereby they bind themselves to accept a certain method of will not Partition, but such an arrangement will not usually give them a right to recover the property from their father during his lifetime and such arrangements are not binding until the parent dies and the heirs act upon it and are...... did the plaintiff empower her father to sign any partition arrangement on her behalf. The plaintiff prayed for declaration of title and joint possession in Schedule Ka land. declaration of title and recovery of possession in schedule Kha and Ga movable properties and for partition of item Nos. 2‑......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. ..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....m by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......ted and registered a Will in favour of the plaintiff on 3.2.45 in respect of the aforesaid property and appointed one Madan Sarkar as the executor therein. The plaintiff was a minor at the relevant time. The said executor probated the will on 18.2.61 in Probate Case No. 66/56. The plaintiff being......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)
....ation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......ge and moved in the High Court Division but the petitioner was advised (it is not said by whom) to move the same later on if the situation so demanded. 6. Admittedly the trial proceeded in the meantime and as many as 48 witnesses were examined by the prosecution. The prosecution evidence was clos......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
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....ss in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ...... Appellate Joint Commissioner of Taxes. 7. On a second appeal the Taxes Appellate Tribunal allowed the assessee's claim after holding that the liabilities for the expenses accrued at a time when the business of the company was continuing and that arose in and through an enforceable c...... 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
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....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. ......follows: Plaintiff Bank filed a money suit against the defendant for recovery of the outstanding 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 d......in Money Suit No. 99 of 1990. 2. The material fact necessary for disposal of this appeal may be briefly stated as follows: Plaintiff Bank filed a money suit against the defendant for recovery of the outstanding liabilities in respect of a sanctioned overdraft facilities granted to ......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)
....exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... the three organs of the Government. It was held that the Jamaican Constitution being one on the Westminster model it is "implicit in its structure that judicial power, however it be distributed from time to time between various courts, is to continue to be vested in persons appointed to hold judici...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......een (1976) 1 All ER 353 the five appellants who were convicted by a Resident Magistrate's Division of the Gun Court established under the Gun Court Act, 1974 of Jamaica for unlawful possession of firearms and ammunition, challenged the constitutionality of the provision so to the establishment of th..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ......tion of Parliament occurring next after the expiration of the period of ten years beginning from the date of the first meeting of the Parliament next after the Parliament is in existence at the time of commencement of the Constitution (Tenth Amendment) Act, 1990, there shall be reserved thir...... 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)
....ivision 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. ......econd show cause notice was taken as one of the grounds in appeal and the High Court Division acted illegally in not entertaining that contention. Respondent No. 1 entering caveat contended at the time of granting leave that on the appellants' own pleadings it is abundantly clear that the appell......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
.... 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. ......ssed by the defendants in 1368 BS and as such Article 142 applies in terms. The courts below, however, disbelieved the plaintiff’s case of alleged possession and dispossession but at the same time found his title to the suit land. In such a case, the plaintiff can get recovery of possession......he courts below, however, disbelieved the plaintiff’s case of alleged possession and dispossession but at the same time found his title to the suit land. In such a case, the plaintiff can get recovery of possession only if the title was not lost by adverse possession of the defendants for o......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
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....der portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......ecific performance of a contract for sale of the suit land. The decree was put into execution, Title Execution Case No. 55 of 1984. The appellant came to know of the ex parte decree for the first time on 11 ‑8‑84 on receipt of a notice under section 82 CPC arising out of the said ex......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. ......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. ..Category: Property Law | Date: | Hits: 56
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