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Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....akh 1354 BS at an yearly rent of Tk. 7600. The appellant has obtained a compromise decree on 19.7. 77 from the 2nd court of Munsif, Barisal in Title Suit No. 1 of 1977 wherein his right, title and possession in the suit premises has been decreed. 4. The plaintiff-respondents also filed T......ccept a registered notice under section 106 of the Transfer of Property Act. Hence the suit with the reliefs prayed for. 3. The appellant in his written statement denied the relationship of landlord and tenant between him and the plaintiffs. He claimed Settlement of the suit premises from......reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....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. ......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. ......e has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......sp; ATM Afzal J: This appeal by the informant following leave arises out of an order of acquittal passed by the appellate Court and confirmed by the High Court Division in revision. The short question for consideration is whether there has been such misreading of evidence as to the recogni..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....h January, 1990 the petitioner's learned Advocate filed an application with the said letter of the learned Advocate in the execution court for the stay of the execution. As the writ of delivery of possession had already been issued by the executing court to the Nazir Khan a second petition was f...... 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. ......others...............Respondents Judgment June 10th, 1991 Lawyers Involved: Moinul Huq, Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record - For the Petitioner. ...... opposite parties have tendered apologies, opposite party Nos. 5 and 6 could have contested the matter, though. The petitioner does not press the rule against them. 15. In deciding a serious question whether there is contempt of court or not the court, both the accuser as well as the judg..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... 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. ...... power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ......ch, Jessore, in Criminal Reference Nos. 4 and 5 of 1985). Judgment: Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether the High Court Division correctly interpreted section 4(3) vis‑a‑vi..Category: Criminal Law | Date: | Hits: 118
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....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. ......36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......‑3 under an agreement for sale dated 13.10.78. There was nothing wrong for the BCIC to obtain the registration initially "Trading as Bangladesh Manufacturers and Industries Ltd." A question may be raised that such registration would also ensure to the benefit of the Sattar Match ..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... 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. ......ellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ......ion, Dhaka, in Writ Petition No. 1270 of 1989). Judgment: Shahabuddin Ahmed CJ: In this appeal by special leave the question is whether the appellant, who was an Advocate of the High Court of Bangladesh immediately ..Category: Others | Date: | Hits: 92
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....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. ......ubject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......55 of 1985) Judgment: Shahabuddin Ahmed CJ.- This appeal by special leave calls in question the High Court Division's judgment in Writ Petition No. 355 of 1985. By that judgment the ..Category: Employment/Service Law | Date: | Hits: 68
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. ......his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ...... Judgment: Shahabuddin Ahmed CJ.- This is an appeal under Article 103 of the Constitution of Bangladesh. It calls in question the legality as well as propriety of an order of the High Court Division dated 28 May, 198..Category: Criminal Law | Date: | Hits: 79
....Latifur Rahman, JJ; I concur with the judgment of Mustafa Karnal, J.
Mustafa Kamal J.- The appellant, a Private Limited Company incorporated in Bangladesh under the Companies Act, 1913, is in possession of an industrial unit, namely, a drum manufacturing factory formerly belonging to M/s Dru......he Companies Act, 1913, is in possession of an industrial unit, namely, a drum manufacturing factory formerly belonging to M/s Drums Metal Ltd., located at Airport Road, Tejgaon, Dhaka on a leasehold land of 3.28 acres, in pursuance of an agreement for sale dated 13.9.77 entered into between the app......vision Judgment here.
Supreme Court
Appellate Division
(Civil)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment Dir......rge number of documents. In the High Court Division various arguments were raised by both the parties which created a veritable maze. The result was an unduly long judgment and what is worse the real question was neither considered nor answered.
6. It will be profitable to state the facts in ..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....e 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 land twice, ......d Title Suit No. 355 of 1976 for declaration of title and also for a declaration that the registered deed No. 12145 dated 11.7.75, 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...... The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ...... is attracted only when the two competing documents are otherwise at par and stand on the same footing. The two Courts below have discarded the plaintiff’s sale‑deed on other grounds. As such the question of putting the two documents together to go through the test provided by section 47 of the ..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. ......e has no advisory jurisdiction and he unnecessarily travelled in the domain of those laws. It is unfortunate that a Judge made those irrelevant and extraneous comments regarding various laws of the land in this particular case and thereby questioned the wisdom of the law makers on various laws wi......d reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ......or the Cruelty to Women (Deterrent Punishment) Ordinance No. LX of 1983. The appeal was allowed and all the accused persons were acquitted upon a finding that they had not committed the offence in question. Nobody, including the State, challenged the order of acquittal; but the State has come he..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....(Ismail Fakir PW 1) alleging that his brother Idris Fakir had been murdered by the appellant, along with others, when his brother had protested the action of the accused persons in taking forcible possession of Idris Fakir's boro paddy land. At about 9‑00 AM that day, appellant and many ot......brother Idris Fakir had been murdered by the appellant, along with others, when his brother had protested the action of the accused persons in taking forcible possession of Idris Fakir's boro paddy land. At about 9‑00 AM that day, appellant and many others variously armed, went to the land ......aused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ...... of about one hundred cubits. This appears clearly from the evidence of PWs 2 and 3 who were among the witnesses declared hostile. 7. The real cause of the incident appears clearly from the questions put by the defence to PW 1. The defence case is that the boro field in question belongs t..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)
....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. ......ult, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......ndent, M/s. MF Ltd., a private limited company, is the lessee of the Khulna Municipal Committee 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 t..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
.... land the plaintiffs filed the suit for partition. 3. The suit was contested by defendant Nos. 10, 11, 13‑15 contending, inter alia, that the plaintiff’s have no title and possession; that the suit for simple partition is not maintainable; that the suit property Nos. 1 a......eirs of Khalil Patwari owner of Property No. 2 and other defendants are purchasers from the co‑sharers; that there was no partition and the defendants having refused to amicably partition the land the plaintiffs filed the suit for partition. 3. The suit was contested by defend...... In the result, the appeal is allowed without cost. Ed. ......f 1950 as proforma defendant‑judgment‑debtor Nos. 8‑13 and had wrongly decreed the suit and that the learned Single Judge of the High Court Division grossly failed to consider the question of defect of parties in the Rent suit and Rent Execution case when Jinnat Ali the judgment..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....g Bench, affirmed those of the first appellate Court by judgment and decree dated 16‑1‑85. 5.The plaintiff‑respondent's suit was for declaration of tide and confirmation of possession or alternatively khas possession in the land of Schedule 2 to the plaint and for perma......t by judgment and decree dated 16‑1‑85. 5.The plaintiff‑respondent's suit was for declaration of tide and confirmation of possession or alternatively khas possession in the land of Schedule 2 to the plaint and for permanent injunction. It is his case that 6 kanis of land......the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ...... being raised by the plaintiffs vendors, that the criminal Courts too found possession of the contesting defendants in the suit land, it was imperative upon the lower appellate Court to decide the question of limitation from the standpoint as to whether the plaintiff filed the suit within 12 yea..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ro who was never empowered by the plaintiff to do so, nor 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 ...... by the plaintiff to do so, nor 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 ...... appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......€™ land. 6. Leave was granted in this appeal on a very limited ground in the following terms: “Mr. Khandker Mahbubuddin Ahmed, the learned counsel, frankly submitted that the only question will be in this petition for special leave is as to the nature of the family arrangement u..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....nt dated 29 February, 1984 dismissed the same. The concurrent finding was that the suit was bad for defect of parties and that the plaintiff's interest in the suit land was extinguished by adverse possession of the contesting defendant for more than 12 years. 2. Leave to appeal was ......pur Bench), by the impugned judgment dated 29 February, 1984 dismissed the same. The concurrent finding was that the suit was bad for defect of parties and that the plaintiff's interest in the suit land was extinguished by adverse possession of the contesting defendant for more than 12 years. ......Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Jogendra Nath alias Govinda Sarker ..........Plaintiff‑Appellant. Vs. Amulya Chandra Sarke......e property of the deceased person vests in him as such". In this case as soon as Hara Nath died on 13.3.1945, the property under the Will vested in the executor, Madan Sarker, and there was no question of the uncles of the plaintiff or the contesting defendant's father to continue as co̴..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....took cognizance on 23.2.1991. Charge was framed under section 5(1) (c) (e) of the Prevention of Corruption Act, 1947 (Act II of 1947). It has been alleged, inter alia, that the petitioner had been in possession of pecuniary resources and property worth Tk. 2,21,65,238.47 which was disproporÂtionate......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: ......utory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ...... in section 366 Cr.P.C. which occurs in the chapter "Of the judgement". Therefore, the prayer for stay of delivery of judgment under section 344 was itself misconceived. 13. Irrespective of the question whether delivery of judgment is a part of the trial, it cannot be disputed that granting of..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... 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. ...... Ed. ...... company was continuing and that arose in and through an enforceable contract with its employees. 8. On 29.3.1984 the revenue made a reference to the High Court Division raising three questions of law, two of which were not answered by the High Court Division as they were neither ra..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....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. ...... 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. ......rding the substance of the allegations took cognizance under sections 420 and 406 of the Penal Code. Thereafter the accused unsuccessfully moved the High Court Division for quashing the proceeding in question. 3. Leave was granted to consider whether on the allegations as made in the petition of ..Category: Criminal Law | Date: | Hits: 64
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