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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. ......f’s document by any evidence. The defendant's own pattan is an unregistered document which the trial Court disbelieved, as a lease was required to be executed by both sides and registered in view of the said land being a town property. The trial Court also found that the document of pattan..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......motor cycle and co‑accused Mainuddin kept himself seated on it keeping the ignition in action. Abul Khair then entered into the room where deceased Safiuddin Chowdhury was working and in full view of PWs 4 and 5 drew out a revolver from his waist and fired five shots from a point blank rang..Category: Criminal Law | Date: | Hits: 61
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. ......ion of Ali Mollah by PWs 1 and 3 by the light of torch of the accused on the road may or may not be believed. The Point, however, is that when the 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..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. ......d that an order staying execution of a decree against which an appeal is pending is in the nature of a prohibitory order, and as such would only take effect when communicated. Dissenting from that view another Bench of the same High Court held in Hukum Chand Boid Vs. Kamalanand Singh (1906) ILR ..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. ......Judges, on their part, called for the records of those cases from the court of the Divisional Special Judge for the purpose of transfer; but the Divisional Special Judge (Mr. Aminul Islam) took the view that the Senior Judges were not competent to transfer those cases from his court. So he made ..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. ......g that there was a transfer of the trade mark 'Cock" under the agreement for sale dated 13.10.78 and the effect of the order of winding up of the company. 26. The learned Judge took the view, which has also been contended before us by Mr. Mahbubuddin Ahmed, that since M/s Sattar Matc..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ......1972, and the High Court of Bangladesh was established in place of the former High Court at Dacca. This High Court of Bangladesh was vested with all such original appellate, special, revisional, review, procedural and all other powers as were exercisable by the High Court at Dacca. This High Cou..Category: Others | Date: | Hits: 92
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. ......nst employees of the Corporation and that when the Corporation itself drew the proceedings under the said Rules it was debarred from raising the question of maintainability of the Writ Petition in view of the Rule as to Promissory Estoppel. 5. The appellants in their Writ Petitions limite..Category: Employment/Service Law | Date: | Hits: 68
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. ......FIR found that the prosecution has been able to establish a prima facie case which should go to trial and as such the appellant could not be granted bail because of the aforesaid prohibition. This view has been taken in the case relating to purchase of ships (Criminal Misc. Case No. 507/91). In ..Category: Constitutional Law | Date: | Hits: 150
....it was rightly held that the appellant had no legal right and therefore the writ petition was not maintainable.
28. With regard to the last point, the High Court Division has palpably taken an erroneous view of law. In order to enforce the performance by public bodies of any public duty by ma......htly held that the appellant had no legal right and therefore the writ petition was not maintainable.
28. With regard to the last point, the High Court Division has palpably taken an erroneous view of law. In order to enforce the performance by public bodies of any public duty by mandamus, th..
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. ......nd stand on the same footing. The plaintiff’s document will fail simply because it could not stand up to the challenge thrown up by the defendant on other grounds. So, the impugned judgment under review need not be disturbed. The appeal is dismissed……….(12,17,18) Lawyers Involved: Md..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. ......he sentence at page 193‑194 of the 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 an..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. ...... permission, put any question to its witness which might be put in cross‑examination by the adverse party. Opinions were divided as to the value of the evidence of a hostile witness, and one view was that evidence of a hostile witness should not be relied upon at all, whether it goes in fa..Category: Criminal Law | Date: | Hits: 69
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....eal we find that the lower appellate Court did not say a word with regard to these kabuliyats nor had taken those into consideration. The learned Single Judge of the High Court Division also on an erroneous view of the law left these vital documents out of consideration by holding that the certi......d that the lower appellate Court did not say a word with regard to these kabuliyats nor had taken those into consideration. The learned Single Judge of the High Court Division also on an erroneous view of the law left these vital documents out of consideration by holding that the certified copie..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. ......t of delivery of possession and particulars to connect the suit land with the suit Register Ext. 8, the auction‑sale was established by evidence. Leave was also granted to consider whether in view of the facts that as heirs of the original tenant the defendants' names were recorded in the ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....he nature of the family arrangement under the Burmese Buddhist Law and whether such arrangement is binding upon the parties. He contended that the learned Judges of the High Court Division took an erroneous view as to the non‑production of the original copy of the deed of the family arrangemen......of the family arrangement under the Burmese Buddhist Law and whether such arrangement is binding upon the parties. He contended that the learned Judges of the High Court Division took an erroneous view as to the non‑production of the original copy of the deed of the family arrangement notwiths..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....pects of the prosecution case and the fact that the prosecution in spite of notice did not come to oppose the prayer for bail the High Court Division summarily rejected the appellant's prayer on an erroneous view of section 32 of the Special Powers Act which does not provide for absolute bar. Un......he prosecution case and the fact that the prosecution in spite of notice did not come to oppose the prayer for bail the High Court Division summarily rejected the appellant's prayer on an erroneous view of section 32 of the Special Powers Act which does not provide for absolute bar. Under sectio..Category: Criminal Law | Date: | Hits: 79
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. ......he only effective evidence of his title. He can act before probate and subsequent probate validates these intermediate acts. (Section 227, Succession Act, No. 39 of 1925)". 18. In view of the above provisions it is clear that Mr. Ahmed’s submission has no legs to stand upo..Category: Property Law | Date: | Hits: 77
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. ......cate appearing for the appellant, submits that the finding of the learned Single Judge of the High Court Division regarding the validity of President's Order No. 88 of 1972 cannot be questioned in view of the decision of the Appellate Division reported in 32 DLR (AD) 233. But the learned advocat..Category: Civil Law | Date: | Hits: 106
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
...., drawn from a set of special and peculiar facts and circumstances of this case, found that the two items of expenditure were allowable under section 10(2)(xvi) of the Act, the High Court Division erroneously held that they were for the purpose of closing down the business, particularly when one...... 5. The 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 tha..Category: Fiscal/Taxation Law | Date: | Hits: 84
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