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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. ..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. ......isposed of without any order as to cost. 15. Leave was granted in these appeals to consider whether the High Court Division upon correctly appreciating the facts of the case and the relevant law made the findings and gave the direction as stated above. The appellants in both the appeals jo..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... be entitled to plead and act in that High Court." 4. As stated earlier, provision for appeals from decisions of the High Court was made in the President's Order No. 91 of 1972 by amending the president's Order No. 5 of 1972. Under the amended order two Divisions of this court w......eal by special leave the question is whether the appellant, who was an Advocate of the High Court of Bangladesh immediately before the 16th December, 1972, is entitled to practise, by operation of law, before the Appellate Division of the Bangladesh Supreme Court without being enrolled as an Adv..Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... 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. ......substance in the contention of the petitioner. It is not required that a further inquiry is to be made after reinstating the Government Servant whose removal order has been set aside by a court of law or Administrative Tribunal. Once the authority decided to hold a further inquiry the Government..Category: Administrative Law | Date: | Hits: 123
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. ......ar from that judgment that one appeal was allowed when it was found that no enquiry was held against the aggrieved employee, Moslem, and as such it was held that it was not an enquiry in the eye of law; that is why we allowed his appeal. In the other two appeals, which were dismissed by us, some..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. ......ted issues. The learned Judges said in their opinion the statement of this appellant is false and that of Awlad Hossain is correct. The appellant has challenged this finding as totally untenable in law being not based on evidence, whereas recording of evidence was indispensably necessary. Convict..Category: Criminal Law | Date: | Hits: 79
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. ......ail of the appellant exercised its discretion fairly and judiciously having regard to the ordinary norms followed in such matters and in consideration of all the relevant facts of the case and the law properly. 7. Mr. Abdul Malek, learned Advocate for the appellant, submitted that the Hig..Category: Constitutional Law | Date: | Hits: 150
....IX of the Rules.
10. M/s Drums Metal Ltd. took over the drum factory from M/s Allenberry & Co. and a fresh sanction was given by the Government of Pakistan, Ministry of Defence of 3.5‑69 amending the lease in favour of M/S Drums Metal Ltd. and reducing the area from 12.50 acres to 7.93 ......nder sections 6 and 7 of the Ordinance. The appellant challenged these two notices dated 15.6.88 and 18.6.88 (Annexure 'A' and 'B') in Writ Petition No. 1215 of 1988 as having been issued without any lawful authority and to be of no legal effect and calling for a direction upon the respondents to ca..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... 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. ......cting his possession inasmuch as section 53A has no application in the instant case. 14. Dr. Kamal Hossain, on the other hand, submits that this Court has committed no palpable or glaring error of law by holding so. He submits that section 53A can be fully invoked by the defendant because it is t..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. ......ed Judge observed that all the Laws and Ordinances made since 1972 are of such nature; in particular, the learned Judge has criticised PO No. 8, PO No. 50 and the Special Powers Act. None of these laws related to the appeal in question before the High Court Division. Opinion has been expressed a..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. ......he party calling him as a witness cannot render his evidence unreliable wholly or in part. A witness is not necessarily hostile if he reveals the truth. Established practice, now forming a rule of law, regarding the evidence of a hostile witness is that the whole of his evidence so far as it aff..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. ......ally exempt from octroi by statute and that the "certificate" as referred to in Item 22 of Third Schedule of Octroi Rules is a mere formality. He has further argued that when substantive law has exempted the property from octroi, non‑observance of the formality or non‑compl..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ...... suit on the findings, inter alia, that kabuliyats, Ext. D series being inadmissible documents the courts below correctly left those out of consideration, that the auction sale is not effective in law as the rent suit was filed by not impleading all the co‑sharers landlords as party to the..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......to agree with him as in the Second Appeal the learned Single Judge of the High Court Division affirmed the judgment of the lower appellate Court, which to my mind does not suffer from any error of law or defect in procedure calling for any interference by this Division. 19. Before going ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......statement clearly described Ext. B as a will and also so argued before the trial Court and the two Courts below on consideration of Shisir Chand Lahiri's book on Principles of Modern Burmese Buddhist law clearly stated that a Burmese Buddhist cannot make a will. Ext. B is therefore inadmissible as a..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......t land was extinguished by adverse possession of the contesting defendant for more than 12 years. 2. Leave to appeal was granted to consider the submission that the finding was bad in law and on fact. 3. Plaintiff claims 1/3rd share which comes to 4.30 acres out of the ..Category: Property Law | Date: | Hits: 77
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
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. ...... 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 raised nor dec..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ided on the basis of pre‑existing legal and constitutional order and Mr. Ahmed's reliance on this case is also based on this ground. The Constitution of Jamaica came into effect on 25.7.62. Without amending the Constitution, the Jamaican Parliament passed the Gun Court Act, 1974, establishing, int......ate 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 law as to the interpretation Arts. 102 and 117. 4. Civil Appeal No. 35 of 1987 was heard in June..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... is in existence at the time of commencement of the Constitution (Tenth Amendment) Act, 1990, there shall be reserved thirty seats exclusively for women members, who shall be elected according to law by the members aforesaid. Provided that nothing in this clause shall prevent a woman from be..Category: Constitutional Law | Date: | Hits: 191
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