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Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....der of acquittal, the appellant took a revision, No. 90 of 1985, in which a Division Bench of the High Court Division, Dhaka by the Impugned judgment and order dated 24 October, 1989 discharged the Rule. 12. Leave was granted to consider the case as against respondent No. 1 Ali Mollah only......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. ..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....n need not also call for any consideration. 18. All the opposite parties have shown sufficient contrition in throwing themselves at the mercy of this Court. Their apologies are accepted. The Rule is discharged. Mustaf...... 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
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
....y. The said inquiry was held against the petitioner as a member of the public and not as a Government servant which is not contemplated under the ‑Government Servants (Discipline and Appeal) Rules 1985, the Petitioner submitted further. 5. There is no substance in the contenti...... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....ovember, 1981 and Appellate No 2 was suspended on 26 December, 1981. Formal charge‑ sheet was submitted against them on 26th April, 1982 under the Government Servants (Discipline and Appeal) Rules, 1976 for "misconduct corruption". 3. They denied the charge taking the plea......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)
.... 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 1989) Judgment: &nb......he spot when they said: "As loyal follower of the Administrator the contemner was doing the dirty job of the Corporation which the Corporation itself was not able to do. There is absolutely no proof that the contemner was over‑acting under the order of the Administrator&..Category: Criminal Law | Date: | Hits: 79
....ority and to be of no legal effect and calling for a direction upon the respondents to cancel, rescind or withdraw the same. By judgment and order dated 27.8.91 the High Court Division discharged the Rule. This appeal is by leave from the said judgment and order.
4. The disputed land...... the lands underneath the factory were leasehold property or that the lease was going to expire very soon on 31.3.83. On the contrary, the said Ministry gave the impression that the disputed land was absolutely held by M/s Drums Metal Ltd., but it appears that in the public notice itself it was stat..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....r 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 aside and the suit was......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 aside and the suit was decreed. 7..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... 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. ......on a discourse on such matter except that the same is beyond the realm of a court of law as its function is not to repair the blunders, if found any, in any legislation as the same are within the absolute domain of Legislature itself to my mind". The petition is thus disposed ..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....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. ......cting findings. The Supreme Court of Pakistan, in the last mentioned case, has also observed that though the usual procedure is for trial of both the cases by the same Judge, this "rule is not absolute or inflexible and there may be a departure from such procedure on the facts of a particul..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)
....tee to collect "octrol" on goods imported into the octroi barrier of the Municipality. The main 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 inten......essee filed Writ Petition No. 111 of 1985 seeking a direction upon the appellants to pay the octroi which was long over due. Result of the writ petition was that the rule issued thereupon was made absolute and necessary direction was given for payment of the octroi. 3. Mr. Abdul Wadud Bhui..Category: Fiscal/Taxation Law | Date: | Hits: 92
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ...... did not come to oppose the prayer for bail the High Court Division summarily rejected the appellant's prayer on an erroneous view of section 32 of the Special Powers Act which does not provide for absolute bar. Under section 32 even when the prosecution opposes the prayer for bail the Court can..Category: Criminal Law | Date: | Hits: 79
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....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. ..Category: Civil Law | Date: | Hits: 106
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....im, he shall enter such documents in a list to be added or annexed to the plaint and state in whose possession or power they are." 6. Plain reading of the provisions of Sub‑Rule (1) of rule 14 of Order VII of the Code of Civil Procedure shows that they are Imperative. Rul......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)
....ppeal No. 1 of 1991, were added as respondents. After finding that Article 117 applies to the Appellate Tribunal as well, the High Court Division by its order dated 12th December, 1990 discharged the Rule issued in the matter, but granted a certificate as the matter involved substantial question of ......power to provide for appeal, the Parliament by its plenary legislative power cannot by an ordinary law disturb the finality of the decision of the Tribunal. It is pointed out that the Constitution is absolutely silent as to the appellate forum, its name, composition, and the tenure of office of the ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....ow cause notice before his dismissal from service. 5. In summarily rejecting the appellants' revisional application the High Court Division found that Jamuna Oil Company Ltd. had no Service Rules of its own, that the plea of lack of Rules not providing for a second show cause notice was n......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)
....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. ......other cases. "Tenant stealing for the landlord" has been held to be the doctrine upon which the principle enunciated is based. 12. It will be seen that the principle is not of an absolute nature and the presumption in favour of landlord may be displaced by proper evidence and c..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....ernment of Bangladesh, represented by the Secretary, Ministry of Works, plaintiff, from the judgment of the High Court Division dated 1‑2‑90 in Civil Revision No. 709 of 1988 making the Rules absolute and setting aside the judgment and decree passed by the learned Subordinate judge, 4......t of Bangladesh, represented by the Secretary, Ministry of Works, plaintiff, from the judgment of the High Court Division dated 1‑2‑90 in Civil Revision No. 709 of 1988 making the Rules absolute and setting aside the judgment and decree passed by the learned Subordinate judge, 4th Cou..Category: Property Law | Date: | Hits: 56
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....t Nos. 2 and 3, following leave, arises out of judgment and order dated 16 August, 1990 passed by a Single Judge of the High Court Division, Dhaka in Civil Revision No. 837 of 1985 discharging the Rule and upholding the concurrent decree of the Courts below in Title Suit No. 197 of 1977. ...... earlier. The defendant‑appellants went in appeal, title Appeal No. 103 of 1978, which was dismissed and then they took a revision, Civil Revision No. 1065 of 1979, in which the Rule was made absolute by the High Court Division and an order of remand to the trial court was passed. The reman..Category: Property Law | Date: | Hits: 58
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......gned judgment we find that there is considerable substance in his contention. The learned Judge has observed that as the suit has been filed within 12 years from the date when the auction sale became absolute, the suit is within time, the limitation being governed in the facts of the case by Article..Category: Property Law | Date: | Hits: 93
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