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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. ......ence of the witnesses and the opinion of the Medical Officer who held autopsy on the dead body of Tara. Leave was granted by us to consider whether the High Court Division was well‑founded in law and fact in arriving at this decision. 3. The Prosecution case centres round the death ..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ...... this Court in the case of Pradhip Das alias Shambhu vs. Kazal Das Sarma, 44 DLR (AD) 1, to the effect that monthly tenancy is heritable; the judgment of the High Court Division is not sustainable in law and should be set aside. 4. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the appellant..Category: Tenancy Law | Date: | Hits: 90
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. ..Category: Others | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
.... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ......dent of the Trust happened to be the Chief Martial Law Administrator as well. There can be no implied delegation when the express provision for delegation of power is not exercised in accordance with law. The High Court Division while declaring the order of termination to have been passed without la..Category: Employment/Service Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......deed dated 13.3.74 is a transfer deed. The lower appellate Court's findings on fact were not at all adverted to by the learned Single Judge of the High Court Division on an erroneous view of law as enunciated in 36 DLR (AD) 1, and failed to determine the nature and character of the docume..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. ......e. In view Of the decision of this Court in the case of BSI Corporation vs. Mahbub Hossain, 29 DLR (SC) 41, an employee of a statutory Corporation cannot be dealt with under the master and servant law. The principle of natural justice envisages that none should be condemned unheard and that a p..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ng among themselves. The accused then went away, but at about 8‑00 AM they came back from their homes. After seeing Abul Hossain @ Abul the accused cried out "catch that brother-in-law", and taking baitha and lathi from the along chased him. Abul Hossain was caught by the ac..Category: Criminal Law | Date: | Hits: 65
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. ......le ground to interfere under section 115 CPC…… But the present position of section 115 has undergone a radical change. The question of jurisdiction is not being replaced by error of law occasioning failure of justice...........” 3. Mr. Hasan Arif, learned Deputy ..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. ...... Hence the claim for Tk. 7,00,000.00 in the frame of the present suit cannot be allowed. 34. The plaintiff‑appellant next contends that the High Court Division committed wrong in law in m,, allowing interest on the decretal amount. 35. We do not propose to award an..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......t land for a long time on the basis of lease from 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..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: ......leave is directed against the judgment of the High Court Division passed in Civil Revision No. 104 of 1989 making the Rule absolute and directing to proceed with the execution case in accordance with law. 2. The material facts relevant for disposal of this appeal are that appellants and the respo..Category: Limitation Law | Date: | Hits: 175
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 100
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. ......jeshwar instead of selling the property returned the advance purchase-money along with compensation then the appellants will accept the same and forsake the claim for sale. On 3.9.57 Rajeshwar sent a lawyer's notice to the appellants stating that he was unable to sell the suit property and as such h..Category: Property Law | Date: | Hits: 82
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......h of the learned Judges of the High Court Division being not in accordance with the mandate of section 497 of the Code of Criminal Procedure the refusal of bail was illegal and not in accordance with law. At the time of granting leave, chargesheet was not submitted in the case. It appears that ch..Category: Anti-Corruption Laws | Date: | Hits: 92
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. ......as opened in favour of the defendant and when the plaintiff in effect rejected the goods after inspection by the SGS dated 6th October, 1982, and on each and every time when the plaintiff and their lawyers sent telex and served legal notices upon the defendant." 3. The appellant filed..Category: Business or Commercial Law | Date: | Hits: 124
....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. ......nd belonged to, and was in possession of, his wife PW 2, that the informant with his labourers including one Giasuddin (the deceased) went to reap paddy of the land, but the petitioners formed an unlawful assembly, with the common object to kill the labourer and in prosecution of that common obj..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. ......urt Division it appears that the learned Single Judge of the High Court Division set aside the finding of the appellate Court on re‑appraisal of the evidence and thereby committed an error in law when there was no misreading of evidence and misconstruction of the document. Consequently the ..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....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. ......tement denied the relationship of landlord and tenant between him and the plaintiffs. He claimed Settlement of the suit premises from the recorded tenant Rajendra Lal Karmaker who was his father-in-law on the 4th Baisakh 1354 BS at an yearly rent of Tk. 7600. The appellant has obtained a compromi..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. ......e appellate Court and the High Court Division upon a view of the rest of the evidence and circumstances which is not unreasonable or perverse refused to believe the prosecution case, it is settled law that this Court merely because a different view is possible of the evidence does not interfere ..Category: Criminal Law | Date: | Hits: 51
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