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Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....y leave is directed against the judgment and order dated 28-1-2001 passed by the Administrative Appellate Tribunal in Appeal No. 127 of 1999 allowing the appeal by majority view. 2. Short facts are that the appellant while working as Project Director of Rural Women Employment Creation P...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J Begum Shamsunnahar..................Appellant vs Government of Bangladesh represented by the Secretary, Women and Children Affairs &. others..............Respondents Judgment June 14th, 20...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......immediately. Ed. ......on were genuine having been executed by the complainant and his co-sharers, who had sold the land thereunder to them in pursuance of a Bainapatra executed in the year 1974. On consideration of the evidence including expert opinions the trial Court held the Sale‑Deeds to be forged by or at ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....at the Ordinance was made in an unusual hurry just twentyone days before the Parliament was called into session. Referring to Article 93 he has said that the Government failed to present any credible facts to show that circumstances existed which rendered immediate action necessary for making this O......o. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-operative, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases ...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....es with the Bank with an authority to sell them for the purpose of liquidating part of his liability with the Bank. We do not see how sub‑section (2) as quoted above is at all relevant in the facts of the pre‑sent case. 13. Similarly we are completely at a loss to find any nex......J Mustafa Kamal J Latifur Rahman J Sonali Bank .........................................................Plaintiff-Appellant Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judgment March 30th 1992. Law......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......l J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents &......le certificates received in the Sub‑Registry Office were genuine and forwarded from the concerned Munsif Court. 3. The learned Special Judge, however, upon a consideration of the evidence by judgment dated 5.2.87, convicted respondent Nos. 1 and 2 under section 471 Penal Code ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....itten by the sub‑editor/news editor. No rule was issued against the editor, printer and publisher of the newspaper. 4. The appellant asserted that the report was based on correct facts and it contained only certain statements of facts as to institution and disposal of two Civil......din Chaklader, Assistant Attorney-General with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1989. (From the judgment and order dated 30th April, 1989 passed by the High Court Division in Criminal Contempt Case No. 3......as published without any malice and with no aspersion on the Court. The learned Subordinate Judge himself mentioned Title Suit No. 83 of 1957 and that the judgment in that case was also admitted in evidence. It is asserted that the appellant's observations in the news report do "not go beyo..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....as they were not given any opportunity to be heard and to defend themselves. Rules having been issued thereupon the appellants entered appearance and resisted the Rules both on the grounds of law and facts, in particular stressing the ground that the writ petitions were not maintainable. The ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Controller of Examinations, University of Dhaka and others………………Appellants (In both the appeals) vs. ......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. ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....raneous documents could be considered as a part of the formal contract as it unmistakably reveals the true intention of the parties in view of the peculiar circumstances of the case. 38. The facts of the case have been so elaborately described by my learned brother in his judgment that it i......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Eunus and Brothers (Pvt) Ltd. ........................Appellant. Vs. Registrar, University o......documents or papers showing the actual quantity of earth already cut by the contractor but it is precisely for this reason that the Arbitrator was required to arrive at a figure after considering the evidence on record. We find that it is the case of both sides that no earth has yet been cut from th..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
.... the ground that mutation was stayed on receipt of a complaint on 5.10.86. After having served a notice of demand of justice the appellant obtained a Rule Nisi in the writ petition on the aforesaid facts and submissions against the said Resolution of the Board dated 20.11.88 and praying for a di.........................................Appellant [In both the appeals] Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment Au......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. ..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....e view taken by the High Court Division that sec. 34 of the Penal Code, which provides for vicarious liability, is not 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......p;……………………..Petitioner. Vs. Montu @ Nazmul Huq and others……………………………&h......r case but they were held responsible for their individual criminal acts. As to accused Mantu, in whose case trial Court's finding was reversed, basis for reversal was a discrepancy between ocular evidence of the witnesses and the opinion of the Medical Officer who held autopsy on the dead body ..Category: Criminal Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....e document in question being a document of release cannot be construed as a deed of transfer and disallowed the application for pre‑emption. The lower appellate court on consideration of the facts and circumstances and the evidence on record held that Swapan Kumar was not the benamder of t...... MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Abdur Rashid ........ ...... Pre-emptors-Appellant Vs. Momtaz Ali Karikar and others………………….. Pre-emptee-Respondents ......document of release cannot be construed as a deed of transfer and disallowed the application for pre‑emption. The lower appellate court on consideration of the facts and circumstances and the evidence on record held that Swapan Kumar was not the benamder of the pre‑emptee in respect ..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....f these materials it is to be seen whether there is any substance in the ground that the enquiry was not proper or that the appellant was not given sufficient opportunity to defend himself. As the facts show, examination of witnesses to prove the appellant's responsibility in the matter was not ...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment March 19th, 1992. Lawyers Involved: ......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. ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....tion of the common object of the entire unlawful assembly, there can be no serious difficulty in applying section 149 to such a case. Whether such a finding can be given or not must depend on the facts of each case and on the evidence led. Any mere error, omission or irregularity in the char......Appellant. B Hossain, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate-on-Record- for the Respondent. Criminal Appeal No. 16 of 1990. (From the Judgment and order dated 22nd May, 1986 passed by the High Court Division, Comilla Bench in Criminal Appeal......ty of events this was a minor omission because the presence of appellants Hazrat Ali and Mansur Ali and the chasing of deceased Abu have not been challenged by the defence in any manner. Taking the evidence of PWs 1-5 together, we are left with no doubt whatsoever that along with absconding accu..Category: Criminal Law | Date: | Hits: 65
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....xing the price of salt on behalf of his principal and that such action is considered to be usually incidental to the execution of his express authority. On the contrary it appears to us that in the facts and circumstances of the case defendant No. 7 had no implied authority to enter into a contr......eme Court Appellate Division (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Sonali Bank and others ......................................Appellants Vs. Gazi Abdu......not to do anything which is unusual in such trade, profession or business or which is neither necessary for nor incidental to the execution of his express authority." 18. No evidence has been led by the defendants that by virtue of any usage in the trade or business, defen..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
.... 6. Mr. TH Khan, learned advocate for the plaintiff‑appellants, has submitted that the impugned order is ex facie bad in that it does not reflect application of any judicial mind to the relevant facts of the case and the law applicable in thematter of addition of parties. It was not noticed tha......12 BLD (AD) 174; 44 DLR (AD) 253. ......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. ..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....t 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 respondent are the heirs of o...... This Case is also Reported in: ...... 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: ..Category: Limitation Law | Date: | Hits: 175
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....of a money decree and in execution of a mortgage decree and has strenuously argued that the certificate sale on 16.11.60 was a sale in execution of a mortgage decree. 15. It is not clear from the facts of the case as to whether the certificate sale held on 16.11.60 was in fact a mortgage sale or...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha Begum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others……......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. ..Category: Property Law | Date: | Hits: 82
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
.... all those cases the appellant has been granted bail by the High Court Division. The other 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 t......rd-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-Record-For the Respondent. Criminal Appeal No. 20 of 1991 (From the Judgment and order dated 18.7.91 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 508 of 1......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. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
.... service of the members of the plaintiff Union by defendant No. 1 was held as not maintainable under section 42 of the Specific Relief Act and the trial Court was directed to reject the plaint. The facts of that case are clearly distinguishable. The plea of implied bar should ordinarily be decide...... The appeal is dismissed with costs. Ed. ......tion 42 of the Specific Relief Act and the trial Court was directed to reject the plaint. The facts of that case are clearly distinguishable. The plea of implied bar should ordinarily be decided on evidence, unless the facts disclosed in the plaint clearly prove that the suit was not maintainable..Category: Business or Commercial Law | Date: | Hits: 124
....tenu was never allowed to cross the jail gate and the fresh detention orders were served inside the jail notwithstanding the order of release, "at once", passed by the High Court Division. But in the facts of the case it was perhaps not wholly correct to say that there was inordinate and unexplained......)
Present:
MH Rahman J
ATM Afzal J
Latifur Rahman J
Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail, Dhaka ...... ......Appellant.
Vs.
Tahera Nargis Syed and another............... Respondents
Judgment
July 28, 1991
Result:
The unconditional ......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
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