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Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
.... finding that the evidence adduced in the case was utterly inadequate. 4. Mr. Fazlul Karim, learned Advocate for the petitioner, has submitted that the respondents have been wrongly acquitted upon erroneously holding that the evidence was not adequate. He also submitted that if further evidence ...... held that without such scrutiny it could not be legitimately found simply on the basis of Ext. 5 that the copies of the sale certificates received in the Sub‑Registry Office were forged. The view taken by the learned Judge cannot be said to be illegal or perverse. There is no compelling re..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......ffenders have not been caught why the appellant should be nabbed. As an officer of the Court, the learned Counsel for the appellant may bring any matter to the notice of the Court that may, in his view, call for an action under the Contempt of Courts Act. 16. In the instant case the ..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......nt to 176 examinees including the respondents by cancelling their examination and debarring them from appearing in one more examination, that is, the examination to be held in the following year. A Review Committee was set up by the University to review the matter but this Committee maintained the r..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....t on the interpretation of item No. 1 of the Schedule of work. We do not think that the Arbitrator misconducted himself in this regard and therefore the relevant finding of the High Court Division is erroneous and not sustainable. 25. With regard to the finding of the High Court Division that......otal earth that would have to be cut would be to the tune of 42,60,000 cubic feet. Owing to some mistakes in the calculation it now transpires that about 32 lakh cu ft. earth would have to be cut. In view of the reduced quantity of earthwork the appellant at the request of the said Committee agreed ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......ondent No. 4 was void and vitiated by fraud and the permission was also tainted by fraud and would be rendered null and void. 5. In discharging the Rule Nisi the High Court Division took the view that although the notice of the Rule Nisi was duly served upon respondent No. 4 he had not com..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
.... applicable to this case. He has strenuously argued that in view of the proved facts and circumstances S. 34 is clearly applicable and that the contrary view taken by the learned Judges is palpably erroneous causing miscarriage of justice. He has next argued that exclusion of accused Mantu from t...... place and in the manner as alleged by the prosecution; but intervened on the points as already referred to above. 6. Mr. B. Hossain, learned Deputy Attorney-General has criticised the view taken by the High Court Division that sec. 34 of the Penal Code, which provides for vicarious ..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. ......sion in Civil Revision No. 779 of 1990). Judgment: Mustafa Kamal J: The short point involved in this defendants' appeal by leave is as to whether the High Court Division is right in taking the view that the substitution of the appellants as heirs to the deceased defendant in a proceeding unde..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. ......Subordinate Judge rejected this contention and upheld the claim of the respondent‑grand‑daughter. But on appeal, the learned Additional District Judge reversed this decision taking the view that the grand‑daughter did not inherit anything on the death of her grandfather. In the..Category: Others | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....d so the impugned 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 chara......this deed the executant namely, Swapan Kumar merely recognised the pre‑emptee as the real purchaser of kabala dated 13.4.62 and as such this document is not a document of transfer and on that view disallowed the application for preemption. 5. Leave was granted to consider whethe..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. ......ce of any statutory rules framed by the Government under Article 24 or regulations made by the Corporation under Article 25, the appellant was to be governed by the principle of natural justice. In view Of the decision of this Court in the case of BSI Corporation vs. Mahbub Hossain, 29 DLR (SC) ..Category: Employment/Service Law | Date: | Hits: 67
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
.... failure of justice...........” 3. Mr. Hasan Arif, learned Deputy Attorney General appearing for the appellants, has assailed this view of the learned Single Judge as totally erroneous and has contended that in view of absence of jurisdiction of the civil Court the plaint s......lly, in revision, by the High Court Division. Leave has been granted to consider the question whether the whole proceedings including the decree of the Civil Court suffers from Coram Non Judice in view of the Administrative Tribunals, Act, 1980, which has ousted the Civil Court's jurisdiction in..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. ......arbitration and finally, it is the finding of the High Court Division that defendant No. 7 did not submit any account to the plaintiff until after receipt of a notice from the plaintiff and, in any view of the matter, it was a matter between the plaintiff and defendant No. 4. 24. We ..Category: Business or Commercial Law | Date: | Hits: 99
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: ......Court Division wrongly held that Order 22 rule 10 of the Code of Civil Procedure was not applicable in the instant case as to him it appeared that execution had already been started and on that wrong view of law he misdirected himself in holding that the application of the appellants was one under O..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. ......dge. Moreover, when a public functionary is found to have been acting in a particular capacity in normal course the Court may presume that he has seen duly empowered to act in that capacity. 3. In view of this position, Mr. Moksudur Rahman, learned Advocate for the petitioner, finds nothing to ar..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. ......greement. The amount not being deposited in court, the contract Ext. 1 still stands, he submits. 9. Mr. SR Pal, learned Counsel for respondent No. 4 appearing with Dr. Rafiqur Rahman, supports the view of the Courts below that the second part of the agreement Ext. Al, namely, deposit of money in ..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. ......r accused persons in the case are still absconding and they have not yet been arrested. Hence, considering the facts and circumstances of the case and all other attending circumstances, we are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will ..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. ......the defendant to take back the consignment and refund the money. 5. The trial Court rejected the defendant's prayer after holding that the question of jurisdiction did not come under the purview of Order VII, rule 11; that the defendant did not say on which ground of that provision of la..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.......rated in consideration of his tendering of unconditional apology in the High Court Division and also before this court. Mr. Ahmed's prayer for complete exoneration will be difficult to accommodate in view of the strong findings made by the High Court Division in respect of the appellant. It was foun..
Category: Criminal Law | Date: | Hits: 88
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....is case the charge framed against the petitioners and the findings of the courts below on evidence clearly show that they were guilty of 'rioting' punishable under section 148. But the trial Court erroneously recorded the conviction under section 149, although this section does not independently......l, the learned Judges of the High Court Division found that the identity of the actual assailants, that is, the persons, who bad assaulted, and caused the death of Giasuddin was not established in view of discrepant statements of the witnesses. They, therefore, set aside the conviction of the fo..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....o the following effect: "This Court is thus of the view that the return of 1.50 decimals of land by the kabala from plaintiff by defendant No. 1 for Tk, 2000'00 becomes palpably erroneous and this gives the presumption and indication that there was fraudulent and foul play.&q......the parties led oral evidence and the impugned kabala was also exhibited. Plaintiff examined seven witnesses and the defendant examined five witnesses to prove their respective cases. 7. In view of the pleadings of the parties, the main question for determination was whether by the impugn..Category: Property Law | Date: | Hits: 98
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