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Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
.... transfer is hit by the principle of lis pendens. 7. Mr. Khandker Mahbubuddin Ahmed learned Counsel for the appellants has taken us through the unregistered deed of agreement Ext. A1. Its material provisions are as follows: “১ম পক্ষ যদি বাড়ী বিক্রয় ন......jeshwar instead of selling the property returned the advance purchase-money along with compensation then the appellants will accept the same and forsake the claim for sale. On 3.9.57 Rajeshwar sent a lawyer's notice to the appellants stating that he was unable to sell the suit property and as such h..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. ......h of the learned Judges of the High Court Division being not in accordance with the mandate of section 497 of the Code of Criminal Procedure the refusal of bail was illegal and not in accordance with law. At the time of granting leave, chargesheet was not submitted in the case. It appears that ch..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....l 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 law the rejection of the plaint was sought; that the cause of action of the suit aros......as opened in favour of the defendant and when the plaintiff in effect rejected the goods after inspection by the SGS dated 6th October, 1982, and on each and every time when the plaintiff and their lawyers sent telex and served legal notices upon the defendant." 3. The appellant filed..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.......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
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....onvicted for another offence, under certain circumstances and on fulfillment of certain requirements. Learned Counsel has contended that the facts and circumstances of this case are such that, the provisions of section 236 or section 237 Cr. P.C., are not attracted. In particular, he has contend......nd belonged to, and was in possession of, his wife PW 2, that the informant with his labourers including one Giasuddin (the deceased) went to reap paddy of the land, but the petitioners formed an unlawful assembly, with the common object to kill the labourer and in prosecution of that common obj..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......urt Division it appears that the learned Single Judge of the High Court Division set aside the finding of the appellate Court on re‑appraisal of the evidence and thereby committed an error in law when there was no misreading of evidence and misconstruction of the document. Consequently the ..Category: Property Law | Date: | Hits: 98
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. ......tement denied the relationship of landlord and tenant between him and the plaintiffs. He claimed Settlement of the suit premises from the recorded tenant Rajendra Lal Karmaker who was his father-in-law on the 4th Baisakh 1354 BS at an yearly rent of Tk. 7600. The appellant has obtained a compromi..Category: Property Law | Date: | Hits: 67
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. ......e 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 believe the prosecution case, it is settled law that this Court merely because a different view is possible of the evidence does not interfere ..Category: Criminal Law | Date: | Hits: 51
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....0(3) of the Criminal Law Amendment Act has given power to the High Court Division for transferring a case from the court of one Special Judge to the court of another Special Judge, and as such, the provision of section 4(3), which gives power to the Senior Special Judge to transfer a case from o...... 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)
....No. 16 of 1972. After taking over the management of the aforesaid two Units, the same were placed under the erstwhile Bangladesh Fertilizer Chemical and Pharmaceutical Corporation (BFCPC) under the provisions of PO No. 27 of 1972 and subsequently the BFCPC and two other Corporations were amalgam......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)
....ocate entitled to practise before the Appellate Division and the High Court Division of the Supreme Court of Bangladesh established under the Constitution" On the strength of this provision of the President's Order No. 150 of 1972, read with the General Clauses Act, 1897, the a......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)
....rt Division dismissed the said writ petition along with four other writ petitions, namely Writ Petitions Nos. 83/1985, 137/1985, 21/1986 and 33/1986 refusing thereby to interfere with the order of provisional removal of all the petitioners of those Writ Petitions including the appellants before ......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)
.... 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 High Court Division misconceived the provisions of section 497(l) of the Code of Criminal Procedure and thus allowed itself to be misled......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
....ent of this Order, all abandoned properties in Bangladesh shall vest in the Government and shall be administered, controlled, managed and disposed of, by transfer or otherwise, in accordance with the provisions of this Order". As M/s Drums Metal Ltd. was an industrial undertaking, its control, manag......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)
....t was also held that the equitable principle of section 53A of the Transfer of Property Act can be invoked by the defendant for protecting his possession, "but since the defendant is protected by the provision of section 47 of the Registration Act, this point needs no further consideration". 9. T......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)
....roperties in question were not accompanied by any certificate at all. No certificate was produced even within the long period of about seven years from the date of their entry into the area. If the provision of certificate is held to be mere directory or a mere formality, all Government propertie......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
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