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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. ......as plaintiff instituted the suit for a declaration that the order of dismissal from service passed by defendant No. 1 Appellant Jamuna. Oil Company Ltd. on 23.3.79 is illegal, malafide and without lawful authority and that the plaintiff’s service under the appellant still exists. It was hi..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. ......se having failed they cannot be permitted to turn round and plead adverse possession against their own admitted landlord. The High Court while making reference to the aforesaid principle of English law also observed: "It is true, that by the ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......he Ministry of Works by DWI Abdul Gani obtaining signature and seal of the said ministry. DW 1 has also deposed in support of the same. Hence the High Court Division held. "The requirement of law has been substantially satisfied". 8. Leave was granted to consider the appellant's..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ...... learned Munsif in his judgment is quoted below: "It is abundantly clear that no transfer could have been effected by the deed of release ie the Muktipatra (Ext. 7). The learned lawyer for the defendant argues that the recitals in Ext.7 would show that the plaintiff No. 2 was..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......ted with her sons in the suit property, that defendant No. 1 had an agreement with them for purchasing the suit property, that he obtained the ex parte decree against the Mitras in accordance with law and got the sale deed executed and registered through court, that the alleged power of Attorney..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......anted to consider the question as to whether Ext.1 is a kot moorage or an out and out sale with a condition to re‑purchase, involving as it does the construction a document. 5. It is the settled law that the document in question itself read as a whole will primarily determine whether the docume..Category: Property Law | Date: | Hits: 63
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: ......According to the plaintiff of OC Suit No. 109 of 1970 the disputed property was put to auction sale in Revenue Case No. 161 of 1949‑50 (Pab) for arrears of revenue and Hemaprova Debi, mother‑in‑law of Ananta Bandhu Sen, auction purchased the same. She took delivery of possession after obtainin..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......asers, arise out of the same judgment and order dated 11 February, 1991 passed by a Division Bench of the High Court Division, Dhaka making the Rule absolute in Writ Petition No. 6 of 1991. Facts and law involved in the two appeals being the same, they have been heard analogously and will be dispose..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......annot help the conclusion that the trial court in effect found a case of acquiescence in favour of the pre‑emptees". It is to be seen whether this view of the learned Single Judge is sustainable in law and fact. 7. Basis for applying the principles of acquiescence and waiver is found to be the..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......tely and record its finding. In this case, however, neither the Trial Court nor the High Court Division considered the evidence in that manner and recorded their findings as are required under the law. Tire learned Deputy Attorney‑General appearing for the State felt obliged to concede tha..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......been held that the section (145) contemplates actual possession on the date when the preliminary order is passed. Actual possession is not the same thing as a right to possession, nor does it mean lawful or constructive possession. The crucial point to be decided is as to who is in physical poss..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......sional statements being the main part of the evidence in the present case we will consider the individual confessional statement independently to see whether the conviction of the appellants can be lawfully sustained on the basis of their individual confession in the present case. 7. Mr. ..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......t is true that delivery of possession is one of the three essentials of a valid gift. (See among others Mulla's Principles of Muhammadan Law, 10th Edition, para 195B). But it is now established law that no transfer of possession is required in the case of a gift by a father to his minor chil..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......ges being apparently impressed by the said submission, by the impugned judgment and order passed on the same day, i.e. 5 August 1986 sent back the suit for re‑hearing "in accordance with law giving both the parties reasonable opportunity to adduce further fresh evidence and to file ne..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......rity, Chittagong Vs. Kalipada Dey & ors. 39 DLR 39. It was done again without referring the matter to the Chief Justice for constituting an appropriate Bench for settling the disputed question of law. 6. The uncertainty with regard to the powers of the Labour Court was unfortunately allowed t..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
..... 1975, was withdrawn and the Proclamations of the 20th August; 1975 and 8th November, 1975, and the Third Proclamation of the 29th November, 1976, together with all other Proclamations and orders amending of supplementing them were revoked. For the instant case let us refer to the following sav......on 6(a) of the General Clauses Act, 1897, made applicable to the said Proclamations and the Martial Law Regulations and Martial Law Orders promulgated during the Martial Law period; that under the law the Sessions Judge was to issue the warrant in this case, but the issuance of the warrant by th..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......vision by the impugned judgment dated 9 August, 1989 made the Rule absolute in the said revision case, condoned the delay and directed the District Judge to proceed with die appeal in accordance with law. 2. Mr. TH Khan learned Advocate for the petitioners, seeking leave to appeal from the impugn..Category: Limitation Law | Date: | Hits: 185
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......for purchasing land from his daughter PW 9 Anwara and Kariman after submission of the final report in the case and that co‑accused Ezahar Ali opposed the marriage of his mother‑in‑law PW 4 Rahela Khatun with the deceased after being divorced by the deceased. Co‑accused Ez..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......iew of an absence of a clear finding that the defendant was prevented by sufficient cause from appearing when the appeal was called on for hearing, the order of restoration of the appeal was bad in law and would promote harassment of the plaintiff‑appellants. 4. Mr. Azizur Rahman Cho..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......ight of enjoyment of the property, under this section, is for a "certain time" or" in perpetuity". 7. Section 106 TP Act speaks of duration of certain leases "in the absence of contract, or local law or usage to the contrary"; it also provides for termination of certain leases by notice, again, ..Category: Tenancy Law | Date: | Hits: 97
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