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Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....ding by the trial Court that the plaintiff deposited this sum either. The plaintiff-appellant prayed in the cross‑objection before the High Court Division for correction of calculation of the total decretal amount by adding Tk. 7,00,000'00 more against defendant Nos. 1-3 only. The High Cour......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
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....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. ......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. ...... of account under which any deposit can be entertained by any Court which cannot accept any money unless there is a provision of law to that effect. He submits that parties by consent cannot create a jurisdiction in a Court. Leaving aside the formalities, if the intention of the agreement Ext. Al is..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. ......elex and served legal notices upon the defendant." 3. The appellant filed an application under Order VII rule 11 CPC for the rejection of the plaint on the ground that the Court had no jurisdiction since the defendant does not reside or carry on business within the jurisdiction of th..Category: Business or Commercial Law | Date: | Hits: 124
....findings made by the High Court Division in respect of the appellant. It was found that there had been an inordinate and unexplained delay in executing the order of the High Court Division and also a total failure to obey the same in full. It further says:
"The effect of the contemner's action i......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)
.... 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. ......e petitioners, has contended that when the charge of murder under section 302 of the Penal Code fell through, the conviction of the petitioners under section 149 for the rioting cannot stand in the absence of a specific charge under this section. Learned Counsel does not dispute the legal positio...... 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
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. ......rious parts of the body of the victims. Alleged penetrating wound on the scalp of Montajuddin and fracture of the right hand of Shahajuddin which he described as grievous cannot be accepted in the absence of proper evidence from the hospital which the prosecution failed to produce. Considering a......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)
.... 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. ......cisions of different High Courts approved the decision in Bessesswari Chowdhury's case 1 CWN 266. 8. The necessity of the knowledge of the executing court is a sine qua non for affecting its jurisdiction as well as for a committal for contempt in case of violation. As soon as the executing..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. ......question is whether the High Court Division correctly interpreted section 4(3) vis‑a‑vis section 10(3) of the Criminal Law Amendment Act, 1958 holding that a Senior Special Judge got no jurisdiction to transfer a case from the court of a Divisional Special Judge. 2. Special Cas..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries 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. ...... Division under section 46 of the Act ought to have been allowed. Section 46(2) of the Act which was invoked by the respondents reads as follows: "(2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without s......ded in sub‑sections (1) and (2) of the said section. In a case contemplated under section 46, the High Court Division may direct the Registrar to take steps as may be found necessary. But the jurisdiction vested with the Registrar under section 10(2) is of a special kind and it is only legi..Category: Intellectual Property Law | Date: | Hits: 227
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....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. ......ision misconceived the provisions of section 497(l) of the Code of Criminal Procedure and thus allowed itself to be misled in exercising its discretion properly. Secondly, he submitted that in the absence of any other material on record excepting the FIR the High Court Division was wrong in hol......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
....ndustries was ready and able to execute the sale‑deed. The appellant has also been paying every year Tk. 1771'53 to the Military Estates Officer towards annual rent and it has paid a further amount totaling Tk. 60,00,000'00 including interest to Agrani Bank. The appellant asserts that it has spent......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:
......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:
..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....essed him during the pendency of the suit. The defendant's contention is that in respect of the suit land Alauddin executed a bainapatra in his favour on 30.12.72 upon receiving Tk. 3,000'00 out of a total consideration of Tk. 8,000'00 and that the defendant came to possess the suit land on and from...... 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. ...... 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
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
....luding the State, challenged the order of acquittal; but the State has come here for expunction of certain observations made in the judgment of the High Court Division on the ground that these are totally irrelevant and unnecessary for the disposal of the appeal and that these observations are d...... 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 paper book "The ground upon which I feel necessary in stating my reasons in separate judgment in that I failed to persuade myself to agree with the view expressed by him on the question of jurisdiction of the sessions judge to try the offences and on the 'wisdom' of the law making autho..Category: Criminal Law | Date: | Hits: 92
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....e‑barred and that the goods are not at all liable to octroi because these are government properties and, after a few years produced an order of the Government to the effect that the goods are totally exempt from octroi in terms of Item No. 22 of the Third Schedule to the Octroi Rules, as re......uestion are Government properties and that these that goods are intended for "consumption or use for official purpose only" is mandatory, or mere directory. In other words, whether in the absence of the "certificate" the goods, which are government Properties, should have bee......words, whether in the absence of the "certificate" the goods, which are government Properties, should have been exempted from octroi. The High Court Division, which was moved in its writ jurisdiction by the respondent, held that the certificate is mandatory and that in its absence the ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
.... certificate and writ of delivery of possession and that Ext. 8 did not show any particulars so as to connect it with the suit land. The rate of rent of the suit khatian also did not tally with the total claim of 4 year's rent as in Ext. 8. Yet the lower appellate Court held that the suit land w...... 9. In second appeal, the High Court Division did not find anything to interfere with the findings of fact of the first appellate Court. 10. Leave was granted to consider whether in the absence of sale certificate, writ of delivery of possession and particulars to connect the suit lan......erence to the oral evidence on record will show that the trial Court did not at all speak a word in the judgment about the defendants' witnesses. It is really surprising that the court of original jurisdiction which was to decide this most vital question of possession of the defendants did not a..Category: Property Law | Date: | Hits: 52
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: ......elivery of judgment is a part of the trial, it cannot be disputed that granting of stay is a matter of discretion for the court and it cannot be claimed by a party as a matter of right. Discretionary jurisdiction in such matters is exercised on equitable principles and one such principle is that del..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. ......Procedure. 2. The plaintiff bought a suit for declaration that the order of the Circle Officer, Revenue in Misc. Case No. 110 of 1973‑74 under PO No. 88 of 1972 was illegal and without jurisdiction. In that suit the plaintiff prayed for temporary injunction. 3. The trial Court..Category: Civil Law | Date: | Hits: 106
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. ......e following terms and conditions were mutually agreed between the Management and the permanent staff in an atmosphere of cordiality and accommodation on both sides." 6. In view of absence of supporting papers, verifiable evidence of payment to the staff, and the fact that the a......he Act will not ordinarily go behind the Tribunal's findings of fact In a reference under section 66 of the Act the High Court Division, not constituted as a Court of appeal, exercises an advisory jurisdiction only and lays down the law in the facts found by the Tribunal. However, where the High..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... 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. ......t of 1991, the decision of a subordinate court like the Appellate Tribunal cannot be 'final' in the sense of its being immune from being questioned under Article 102. It is also submitted that in the absence of the enabling power to provide for appeal, the Parliament by its plenary legislative power...... 5. Article 117 of the Constitution reads as follows: "117. (1) notwithstanding anything hereinbefore contained, Parliament may, by law establish one or more administrative tribunal to exercise jurisdiction in respect of matters relating to or arising out of‑ (a) the terms and conditions..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....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. ...... MA Hai vs. TCB, 32 DLR (AD) 46. Facts of the present case are different. 22. The principle of natural justice implies, in a case of disciplinary proceeding against an employee that, in the absence of statutory Rules, the delinquent employee must be given prior notice of the proceedings a......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
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