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Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....577, all dated 7 February, 1981, were registered on 10 February, 1981, in the Mymensingh Sub‑Registrar's Office. By these three Sale-deeds, an area of 16.57 acres of land belonging to and in possession of the complainant and his three co-sharers, all residing in the same homestead, ha......ring Nos. 3575, 3576 and 3577, all dated 7 February, 1981, were registered on 10 February, 1981, in the Mymensingh Sub‑Registrar's Office. By these three Sale-deeds, an area of 16.57 acres of land belonging to and in possession of the complainant and his three co-sharers, all residing ......terfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ...... of 1984). Judgment: Shahabuddin Ahmed CJ: This appeal by special leave calls in question an order of the High Court Division dated 5 December, 1985 acquitting the accused responde..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......ew extensive reference have been made to the historical development of local government institutions in our country as well as in some other highly developed democracies of the world, particularly England, USA and France. 10. Local government institutions, particularly in urban areas in our c....... Ed. This Case is also Reported in: 44 DLR (AD) 319. ......s of the High Court Division, for different reasons, some of which are common, dismissed all the petitions, but issued the Certificate since the matter is of public importance involving a substantial question of law as to the interpretation of the Constitution. 2. Upazila Parishads, formerly ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....een advanced we see no way other than to dismiss the appeal. 14. Before parting, however, it may be pointed out that the High Court Division, inter alia, further found that upon delivery of possession of the share certificates to the respondent Bank which are movable property the judgment......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......n (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sonali Bank .........................................................Plaintiff-Appellant Vs. United Commercial Bank Ltd. and others................ Def......sion that section 24 does not prohibit a shareholder or a director to deposit his share certificates with an authority to sell them in order to adjust his loan liability with the Bank has not been questioned before us. That finding, therefore, stands. 10. As regards sections 54A and 109 o..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....sain submitted false proposal for mutation in favour of the said four non‑official persons and Abdul Jalil allowed the same although the property in question already became vested and was in possession of the lessees under the Vested Property Authority. On this allegation the accused inclu...... 2 herein and Tobarak Mollah and Mobarak Mollah (since dead) in collusion with each other got five fictitious sale certificates registered and used them in respect of a total area of 11.72 acres of lands worth Taka 5,00,000.00 of Mouza Bora Chatfatia, PS Tongibari, vide registration Nos. 17, 18,......s dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......them in respect of a total area of 11.72 acres of lands worth Taka 5,00,000.00 of Mouza Bora Chatfatia, PS Tongibari, vide registration Nos. 17, 18, 19, 20 and 22 of 1979. The sale certificates in question were purported to have been issued in Money Execution Case Nos. 83 of 1963, 82 of 1963, 81..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....ote the report itself: "Mr. Rahimullah Chowdhury and another filed a suit on June 10, 1952 in the Subordinate Judge, 3rd Court, Dhaka for declaration of the title and khas possession of their lands measuring 1.72 acres in the Kakrail area of Dhaka city against two perso......lf: "Mr. Rahimullah Chowdhury and another filed a suit on June 10, 1952 in the Subordinate Judge, 3rd Court, Dhaka for declaration of the title and khas possession of their lands measuring 1.72 acres in the Kakrail area of Dhaka city against two persons, namely, Awlad ......tion, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......he suit for mesne profits. The plaintiffs had no alternative but to prefer the appeal, said the plaintiffs, advocates. Whether it is open to the defendants or for the court to open the question of title and possession again and whether the same can be re‑adjudicated in a suit f..Category: Criminal Law | Date: | Hits: 141
Controller of ExaminaÂtions, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ...... Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......ted 6.11.91 passed by the High Court Division in Writ Petition Nos 868 and 1560 of 1991 respectively). Judgment Shahabuddin Ahmed CJ.- In both these appeals by special leaves, the only question for consideration is whether the High Court Division is well founded in law in rejecting th..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......b (Kata Pahar) Sarak. The estimated cost was Tk. 75 lakhs. All the items of work mentioned therein contained unit rate except item No. 1 which was as follows: "Earth work in cutting in all lands of soil/stone if any from hill tracts for establishing the road and arranging drainage facili......ing good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......‘appellant and the respondent-University dated 26.1.87. 8. The contractor-appellant commenced work and submitted his first running bill on 24.3.87 on which against item No. 1, the earthwork in question, the following comments were made by the University authority: "Work done approxi..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....0.00 if paid in lump or Tk. 2,35,000.00 if paid in 4 successive annual instalments was issued to him by the former DIT on 14.9.79. On payment of one instalment on 8.10.79 respondent No. 4 was given possession of 9 kathas 13 chataks of land of the said plot on 24.10.79. A lease deed for 99 years w...... and will be disposed of by this common judgment. 2. Pursuant to his application dated 21.9.77 respondent No. 4 Md. Abdul Matin was given a provisional allotment of more or less 10 kathas of land at Gulshan Model Town, Dhaka by the then Dhaka Improvement Trust, DIT, now Rajdhani Unnayan Ka......e original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......espondent No. 4 was asked to complete three formalities, namely, (i) the proposed transferee will have to sign an enclosed agreement on Tk. 3.00 stamp paper; (ii) a deed of transfer of the plot in question with building already constructed thereon will be executed and registered in favour of the..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....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. ......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. ...... of the actual words used for the order to kill, as given by the eye‑witnesses, can stand in the way of ascertaining if there was any common intention of the accused to do the criminal act in question. Similarly, we find it difficult to appreciate the learned Judges' view that different in..Category: Criminal Law | Date: | Hits: 93
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....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. ......find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......91 passed by the High Court Division, Dhaka, in Civil Revision No. 669 of 1986). Judgment: Shahabuddin Ahmed CJ.- The question raised in this leave petition relates to interpretation of section 4 of the Muslim Family ..Category: Others | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....ed in proceeding for pre‑emption. But if a preemption is sought to be resisted on the ground that no transfer took place under the relevant kabala. in that vendor did not part with his possession but simply made a show of transfer for any purpose, such as to put away his creditors, ...... 2. Pre‑emptor's case is that he is a co‑sharer in the jama by purchase from one Mohendra Nath Mondal by kabala dated 28.11.62. Respondent No. 2 Swapan Kumar Dafadar purchased some land from said Mohendra by kabala dated 13.4.62. This respondent No. 2 purchased the land in his o......r is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......he same. Thereafter respondent No. 2 transferred the case land to the pre‑emptee, Momtaz Ali Karikar by deed of release dated 13.3.74. According to the pre‑emptor, although the deed in question has been described as Muktipatra (deed of release) but it was in fact a deed of transfer a..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....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. ......urt's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......, in Writ Petition No. 1038 of 1990). Judgment: Shahabuddin Ahmed CJ.- This appeal by special leave calls in question an order of the High Court Division dated 27 May, 1990 summarily dismissing the appellants..Category: Employment/Service Law | Date: | Hits: 67
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....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. ...... allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ...... a decree declaring his "termination" void. The decree has been upheld by the appellate Court and finally, in revision, by the High Court Division. Leave has been granted to consider the question whether the whole proceedings including the decree of the Civil Court suffers from Coram ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....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. ......r the delivery of 2,308 metric tons of salt, defendant No. 3 handed over to him 5 barge receipts of 942 metric Otis of salt. The salt was lying in the barges of defendant No. 5, BIWTC, Bangladesh Inland Water Transport Corporation. Without letting the plaintiff knows anything about it, defendant ......thers................................... Respondents [In CA No. 68/90] Judgment February 4th, 1991. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by B Hossain, Advocate-on-Record - For the appellants in CA No. 61/9...... (a) to take delivery of the goods; (b) to make prior payment on prorate basis; (c) to keep close touch with the Bank in respect of the consignment in question; (d) letter from defendant No. 2 to defendant No. 3 dated 10.9.77..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....rom the Government on payment of annual lease money, that inspite of concurrent decision against the plaintiff the new transferees of the suit land are unlawfully creating disturbance in the peaceful possession of the suit property by the lessee and that the respondent and his brother are necessary ...... predecessor of the appellants instituted Title Suit No. 41 of 1980, on transfer renumbered as Title Suit No. 629 of 1985 of the Court of Subordinate Judge, Sunamganj, for a declaration that the suit land was not an enemy property and for permanent injunction against the defendants. During the pende......peal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ...... Civil Appeal No. 5 of 1992. (From the Judgment and order dated 29th May, 1991 passed by the High Court Division in Civil Revision No. 2049 of 1990). Judgment ATM Afzal J.- The short question raised in this appeal by leave is whether the learned Judge of the High Court Division acte..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......e appellants (second wife and daughters of Shamsu Mia Chowdhury) and Abdul Muktadir Chowdhury (another son of Shamsu Mia Chowdhury by appellant No. 1 who died subsequently) by which they assigned the land under the decree to the appellants retaining other portion to themselves. After the disposal of...... then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......ision, withdrew the same and then filed an appeal before the District Judge, Habiganj who provisionally admitted the appeal subject to condonation of delay. The appeal was pending. Hence, a pertinent question comes up as to whether the High Court Division was justified in entertaining the revision w..Category: Limitation Law | Date: | Hits: 175
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....n 7.9.56 and it was registered on 9.9.56. It was agreed that the sale deed would be executed within a year after obtaining permission and on receipt of the balance of the consideration money and that possession of the property would be made over thereafter. The appellants tendered the balance amount......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. ......appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......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
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....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. ......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. ...... Ed. ......e goods after its arrival at the destination and to bear any liability that might arise as to the quality of goods the plaintiff agreed to dispense with pre‑shipment inspection. The goods in question arrived at Chittagong on 18th August, 1982 by a vessel different from that was agreed upon..Category: Business or Commercial Law | Date: | Hits: 124
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... Trial No. 150 of 1980, in the Court of Additional Sessions Judge, Rangpur. 2. An incident of murder, rioting and criminal trespass took place on 20th November 1979 at about 7.30 AM over the possession of a paddy land. Informant, PW 1, lodged an ejahar on which the police started this case......0, in the Court of Additional Sessions Judge, Rangpur. 2. An incident of murder, rioting and criminal trespass took place on 20th November 1979 at about 7.30 AM over the possession of a paddy land. Informant, PW 1, lodged an ejahar on which the police started this case and after investigat......ed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......of 1982). Judgment: Shahabuddin Ahmed CJ- In this petition for leave the question is whether the conviction of the accused-petitioners for a minor offence is proper and jus..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....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. ......side the judgment and decree of the lower appellate Court which in turn set aside the judgment and decree of the trial Court 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......Mosammat Kafizan Bibi………..…………….Respondent Judgment August 18th, 1991. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Appellant. M......vil Revision No. 1627 of 1981) Judgment: Latifur Rahman J.- This appeal by the plaintiff calls in question the judgment and order of the High Court Division, Rangpur Bench, passed in Civil Revision..Category: Property Law | Date: | Hits: 98
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