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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. ......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. ...... two separate first appeals, FA Nos. 17 and 19 of 1985 and the plaintiff also filed Cross objection No. 18 of 1985 against the trial Court's judgment and decree. Hearing and disposing them of together, by the impugned judgment and decree dated 25.3.90 a Division Bench of the High Court Divi...... Hence the claim for Tk. 7,00,000.00 in the frame of the present suit cannot be allowed. 34. The plaintiff‑appellant next contends that the High Court Division committed wrong in law in m,, allowing interest on the decretal amount. 35. We do not propose to award an..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....on stage in a proper case and the minimum that is required to be found in such a case is that the presence of such a party is necessary within the meaning of Order 1 rule 10(2) CPC or for the ends of justice............(8) Lawyers Involved: TH Khan, Senior Advocate, (SK Sinha, Advocate with hi......t the ends of justice demanded his presence in the proceeding. It was thus a fanciful order not sanctioned by law nor justified on facts. The impugned order thus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is a......ant-Respondents Judgment April 12, 1992. Result: The appeal is allowed. A court may, however, add a party even at the revision stage in a proper case and the minimum that is required to be found in such a case is that the presence of such a party is necessary within the meaning of O......t land for a long time on the basis of lease from the Government on payment of annual lease money, that inspite of concurrent decision against the plaintiff the new transferees of the suit land are unlawfully creating disturbance in the peaceful possession of the suit property by the lessee and that..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....ngle Judge of the High Court Division misdirected himself in failing to appreciate correctly the legal and factual aspects of the matter and thereby fell into an error of law occasioning a failure of justice. 4. It appears from the order dated 27.12.88 passed by the Assistant Judge, Chaunarughat ...... 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: ......t) Judgment: Latifur Rahman J.- This appeal by leave is directed against 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 dis......leave is directed against 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 respo..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. ......ubmits that in the present circumstance the Petitioner's case need not be transferred to the Divisional Special Judges Khulna. In the result, the impugned order of the High Court Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Exâ€......nvolved: Moksudor Rahman, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on- Record -For the Petitioner. Not Represented -Respondents. Criminal petition for leave to appeal No. 62 of 1992 (From the judgment and order dated 22. 4. 92, passed by the High Court ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 100
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....n the same case, the Court may, by order in the suit in which the decree has been made and not complied with, rescind the contract, either so far as regards the party in default, or altogether as the justice of the case may require." 11. The only provision under which Rajeshwar could have filed t......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. ......judgment and order dated 24.11.85 in Civil Revision No. 311 of 1981 discharged the Rule, maintaining the judgment and decree of the lower appellate Court. 2. The property described in the Schedule to the plaint belonged to deceased defendant No.1 Rajeshwar Roy Chowdhury (since deceased and substi......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. ......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, 1992. Lawyers Involved: Rokunuddin Mahmud, Advocate (Mr. Tamizul Haque, Advocate with him), instructed by Md. Aftab Hussain, Advocate-On-Record-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-ÂRecord-For the Respondent. Crim......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)
....nsidering an application for rejection of a plaint the specific provision under Order VII, rule 11 should ordinarily be followed. A resort to section 151 of the Code may be made in the interest of justice only in an exceptional case where the suit is foredoomed, and if it is allowed to be procee......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. ......s. Md. Fazlur Rahman. ................ Respondents Judgment January 29th, 1992. Cases Referred To: Stephens & Co. Vs. Auerbach reported in 1908 (2) KB 161; Entores Ltd. Vs. Miles Far East Corporation 1955 (2) QBD 327; Champaklal Vs. Nectar Tea Co. AIR 1933 ......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
.... seeks the mercy of the Court.
14. Having considered all aspects of the matter, particularly the fact that the appellant has all along been seeking the mercy of the court, we feel that the ends of justice will be sufficiently met if the unconditional apology of the appellant is accepted and the s......along been seeking the mercy of the court, we feel that the ends of justice 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.......he 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)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......way affect their conviction, along with the conviction of seven other petitioners, for the offence of 'rioting'. Because they have been acquitted under section 304 simply in view of the fact that, according to the appellate Court, their identity as the persons who had actually caused the death o...... Sirajul Huq, Senior Advocate, Supreme Court, instructed by Md. Nawab Ali, advocate-on-Record- For the Petitioners. Not Represented -For the Respondent. Criminal Petition for leave to appeal No. 17 of 1992. (From the judgment and order dated 22‑1‑92 passed by ......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. ......o was the benamder of defendant No. 1 sold the land comprising 1.00 acre at a consideration of Taka 500'00 to plaintiff and that there was also an oral agreement for reconveyance of the land; that accordingly talk for reconveyance of the lands of both the kabalas took place and that Tk . 2500'00......ce in favour of defendant No. 1 of the land within the stipulated time as embodied in the Ekrarnama. Defendant No. 1 requested plaintiff for return of the land as per the agreement for reconveyance to which the plaintiff agreed and the agreement of reconveyance was written. But fraudulently defe......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. ......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. ......ant appellant for his eviction from the suit premises and for realisation of arrear rent and compensation, as also for permanent injunction. It was their case that in respect of the suit premises, to with, a tin-shed measuring 4' X 7' and adjoining bhiti containing 15 bunds of tin, situated with......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)
....vidence as to the recognition of the respondent No. 1 Ali Mollah, particularly that of PWs 1 and 3, as can be said to have resulted in a wrong acquittal of the said respondent causing a failure of justice. 2. The informant Abdul Hamid Mollah and respondent No. 1 Ali Mollah are cousins and...... Investigating Officer. 9. The learned Additional District Magistrate upon a consideration of the evidence found that the accused had committed the offence u/s 326 Penal Code, convicted them accordingly and sentenced them to Rigorous Imprisonment for 1 (one) year and a fine of Tk. 1000'00......Hakim, Senior Advocate, Supreme Court (Abdul Hamid, Advocate Supreme, Court with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. B. Hossain, Deputy Attorney‑General instructed by Zinnur Ahmed, Advocate-on-Record-For the Respondent No. 2 (State......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)
.... 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. ...... 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. ......t Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh ......... ......Appellant Vs. D...... 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 InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....ch other with which we are not concerned in the present case. 30. The learned judge of the High Court Division, it seems, in his anxiety "to do complete adequate and substantial justice "to respondents 1-3 who "have acquired a right to use trade mark "Cock"...... proceeding under section 46 read with section 72 of the Trade Marks Act, 1940 (hereinafter called the Act) being Matter No. 44 of 1988. The appeals have been heard together and will be disposed of accordingly. 2. The aforesaid proceeding was initiated by M/s Sattar Match Works (at Aziznag......enior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate‑on‑Record‑‑For the Respondent Nos 1‑3 (In CA 100/1990) Shahabuddin Ahmed, Deputy Attorney-General, instructed by Sajjadul Huq, Advocate-on-Record-For the respondent Nos. 4-5 (In CA 1......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)
.... 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. ...... 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. .......................Respondent Judgment March 16th, 1992 Lawyers Involved: Shamsuddin Ahmed, Advocate (appeared in person) ‑ For the Appellant. Aminul Haque, Attorney‑ General, (AW Bhuiyan, Additional Attorney General and Sharifuddin Chaklader, Assistan......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. ...... 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. ......1st, 1992. Lawyers Involved: Muhammad Muslim Ali, In person-For the Petitioner. Not Represented – The Respondents. Civil Petition for Leave to appeal No. 149 of 1992 (From the Judgment and order dated 10.5.1990 passed by the ......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)
....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. ......llenged the notice by filing the five Writ Petitions as referred to above. 4. The Writ Petitions were resisted by the respondent on the ground that these were not maintainable because, according to the respondent, the petitioners were not Government Servants but were employees of th...... Vs. Trading Corporation of Bangladesh, represented by the Secretary, Principal Office, Kawran Bazar, Dhaka………………Respondent Judgment October 31st, 1991. Lawyers Involved: Abdur Rab‑I, Advocate‑on‑Record......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. ......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. ...... calls in question the legality as well as propriety of an order of the High Court Division dated 28 May, 1989 made in Suo Motu Contempt Rule No. 189 of 1989, by which the appellant, who is a party to a Civil Suit, has been held guilty of contempt of court, convicted and sentenced to fine of Tk.......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)
....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. ......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. ......egime, was arrested on 26.12.90 under section 3(1) (b) of the Special Powers Act. In Writ Petition No. 164 of 1991 the High Court Division by judgment and order dated 21.3.91 declared his detention to be illegal. He was not, however, released as the Bureau of Anti‑Corruption in the meantime......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
....eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......ed land measuring 3.28 acres admittedly belongs to the Government and is managed by the Ministry of Defence as military land (being inside the cantonment area). The lease in respect of the said land, according to the respondents, had expired on 31.3.86 and the appellant's occupation thereof had ther......on
(Civil)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment DirectoÂrate, Ministry of Defence, Dhaka Cantonment and othersâ€......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
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