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Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ation must be accompanied by written objection (s) of the Customs Authority or detention Memo showing the ground (s) for detention of the consignment. The Chief Controller shall for dispensation of justice expeditiously dispose of such cases with due consideration to the relevant issues. 3......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......Appellants Vs. Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (......asers, arise out of the same judgment and order dated 11 February, 1991 passed by a Division Bench of the High Court Division, Dhaka making the Rule absolute in Writ Petition No. 6 of 1991. Facts and law involved in the two appeals being the same, they have been heard analogously and will be dispose..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......stored. No order as to cost. Ed. ......annot help the conclusion that the trial court in effect found a case of acquiescence in favour of the pre‑emptees". It is to be seen whether this view of the learned Single Judge is sustainable in law and fact. 7. Basis for applying the principles of acquiescence and waiver is found to be the..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....cation of the appellants cannot be altogether ruled out. The High Court Division has apparently failed to consider with care this aspect of the matter which, in our opinion, has caused a failure of justice. In the result, therefore, the appeal is allowed and the order of conviction and sen......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ............................Respondent Judgment July 9, 1991 Lawyer Involved: Md. Aftab Hossain, Advocate‑on‑Record-For the Appellants. B. Hossain, Deputy Attorney‑General (Sharifuddin Chaklader, Assistant Attorney ‑General, with him) instructe......tely and record its finding. In this case, however, neither the Trial Court nor the High Court Division considered the evidence in that manner and recorded their findings as are required under the law. Tire learned Deputy Attorney‑General appearing for the State felt obliged to concede tha..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....Cr.P.C. which has been upheld in revision, as in the present case, can be interfered with under section 561A only to prevent an abuse of the process of the court or otherwise to secure the ends of justice which, in our opinion, is ordinarily relatable to an exercise of authority without jurisdic...... consideration of the evidence, by his order dated 16.3.85, found the first party to be in actual possession of the disputed land and also an apprehension of a breach of the peace over the same and accordingly ordered that the first party is entitled to the possession of the proceeding land (plot......c. Case No. 44 of 1987 and quashing the proceeding in question. 2. Facts of the case, briefly, are that upon a complaint filed by the father of the appellant, Md, Ali Akbar (since deceased) to the Upazila Magistrate, Sadar, Mymensingh, the Officer‑in‑charge, Kotwali P.S. inves......been held that the section (145) contemplates actual possession on the date when the preliminary order is passed. Actual possession is not the same thing as a right to possession, nor does it mean lawful or constructive possession. The crucial point to be decided is as to who is in physical poss..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....party, I just allow the petitioner to be added as a party and let the suit be heard in his presence." 2. The above order is against basic norms of adjudication and principles of natural justice. This court has repeatedly held that granting relief’s summarily on a revisional appl......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......endant‑respondent No. 2. On 26th November, 1986 respondent No. 1 as a third party‑petitioner filed an application for adding him as a defendant in the suit asserting inter alia that he took a sub‑lease of the suit premises from respondent No. 2 in 1982. The learned Subordinate ......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 110
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....li has been found guilty for abetment as he was in the conspiracy to commit the murder of Zohura Khatun. In these circumstances we think the sentence of imprisonment for life will meet the ends of justice and consequently their sentence of death is commuted to imprisonment for life. 18. B...... 5 of Abdul Khaleque with regard to the injuries found on the neck and face of the deceased as stated by the maker himself. We believe the confessional statement Ext.5 to be true and voluntary and accordingly find him guilty under sections 302/34 of the Penal Code. 11. From the confession......tion and sentence passed by the Sessions Judge, Barguna in Sessions Case No. 52 of 1958 convicting the three appellants under sections 302/34 of the Penal Code and sentencing appellant Nos. 1 and 2 to death and appellant No. 3 to imprisonment for life. 2. The present case arises out of a ......sional statements being the main part of the evidence in the present case we will consider the individual confessional statement independently to see whether the conviction of the appellants can be lawfully sustained on the basis of their individual confession in the present case. 7. Mr. ..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......Court Division found that the gift in question though made by Karamatullah in favour of the plaintiff‑donee, is incomplete as the same was not followed by giving delivery of possession which according to the learned Single Judge of the High Court Division was an essential pre‑requisi...... Fazar Ali....................Plaintiff‑Petitioner Vs. Sikandar Ali ....................Defendant‑Respondent Judgment June 12, 1991 Cases Referred to: Ghulam Hassan and others Vs. Sarfaraz Khan and others PLD 1956 SC (Pak) 309; Aurangzeb ......t is true that delivery of possession is one of the three essentials of a valid gift. (See among others Mulla's Principles of Muhammadan Law, 10th Edition, para 195B). But it is now established law that no transfer of possession is required in the case of a gift by a father to his minor chil..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......akistan being First Appeal No.343 of 1970. The appeal was registered on 24.12.70 but as there was s communication gap in calling for the record of the lower court the deposition file was destroyed according to the rules in the meantime. 4. The plaintiff (appellant) filed application prayi......n, Advocate‑on‑Record ‑For the Appellant. Sk. Afzalur Rahman, Advocate, instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For respondent Nos. 1 (f) to 1 (h). Not Represented ‑ Respondent Nos. 1 (a) to 1 (e), 1 (f) to 1(j) & 2 to 2......ges being apparently impressed by the said submission, by the impugned judgment and order passed on the same day, i.e. 5 August 1986 sent back the suit for re‑hearing "in accordance with law giving both the parties reasonable opportunity to adduce further fresh evidence and to file ne..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
.... section 36 of the IRO and the Labour Court is left to deal with an application under section 34 in consonance with the acknowledged judicial norms of adjudication including the principles of natural justice. 15. In some of the decisions of the High Court Division and in the impugned one a simple......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......hman J Pubali Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991. Cases Referred to- Radha Kissen Chamria and others Vs. Durga Prosad Chamria AIR 1940 PC 167 & Commissi......rity, Chittagong Vs. Kalipada Dey & ors. 39 DLR 39. It was done again without referring the matter to the Chief Justice for constituting an appropriate Bench for settling the disputed question of law. 6. The uncertainty with regard to the powers of the Labour Court was unfortunately allowed t..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....provisions of a statute relate to the performance of a public duty and the, case is such that to hold null and void acts done in respect of this duty would work serious general inconvenience or injustice to persons who have no Control over those entrusted with the duty, and at the same time ...... alone but is used in its generic sense as connoting all that is treated as law in this country including even the judicial principles laid down from time to time by the Superior Courts. It means according to the accepted form of legal process and postulates a strict performance of all the fun......; August 18, 1991. Cases Referred to- Howard Vs. Bodington (1877) 2 PD 203(211); 1981 All LJ 197 (DB); In re Peerless (1841) ......on 6(a) of the General Clauses Act, 1897, made applicable to the said Proclamations and the Martial Law Regulations and Martial Law Orders promulgated during the Martial Law period; that under the law the Sessions Judge was to issue the warrant in this case, but the issuance of the warrant by th..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......Ali & others…………………………………………..Plaintiff‑Petitioners. Vs. Circle Officer, (Revenue) Dhaka and others ..........…Defendants‑Respondents Judgment October 30, 1991 Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah Advocate, with him......vision by the impugned judgment dated 9 August, 1989 made the Rule absolute in the said revision case, condoned the delay and directed the District Judge to proceed with die appeal in accordance with law. 2. Mr. TH Khan learned Advocate for the petitioners, seeking leave to appeal from the impugn..Category: Limitation Law | Date: | Hits: 185
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ...... 28, 1991 Lawyers Involved: Khondker Mahbub Hossain, Senior Advocate, instructed by M Nowab Ali Advocate‑ on ‑ Record-For the Appellants. B Hossain, Deputy Attorney General, instructed by Md Wahidullah, Advocate‑on‑Record -For the Respondent. ......for purchasing land from his daughter PW 9 Anwara and Kariman after submission of the final report in the case and that co‑accused Ezahar Ali opposed the marriage of his mother‑in‑law PW 4 Rahela Khatun with the deceased after being divorced by the deceased. Co‑accused Ez..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....ed and praying for one month's adjournment and admittedly that petition was rejected. In that view of the matter both the learned Subordinate Judge and the High Court Division held that for ends of justice respondent No. 1 should be given an opportunity for placing his case before the Court on p......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ...... decreed against the defendant-respondents ex parte on 11. 8.75. Respondent Nos. 1 and 2 instituted Miscellaneous Case Nos. 300 and 325 of 1975 respectively under Order 9, rule 13 CPC for restoration of Other Suit No. 95 of 1973 before the trial Court. At the same time respondent No. 1 pre......iew of an absence of a clear finding that the defendant was prevented by sufficient cause from appearing when the appeal was called on for hearing, the order of restoration of the appeal was bad in law and would promote harassment of the plaintiff‑appellants. 4. Mr. Azizur Rahman Cho..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pradhip Das alias Shambhu and others ………..Judgment‑debtor‑Appellants Vs. Kazal Das Sarma and others ……………………Decree‑holder‑Re......ight of enjoyment of the property, under this section, is for a "certain time" or" in perpetuity". 7. Section 106 TP Act speaks of duration of certain leases "in the absence of contract, or local law or usage to the contrary"; it also provides for termination of certain leases by notice, again, ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ...... private portion into secular property. After so holding they concluded that the secular part will be distributed to the present beneficiaries of the wakf according to section 20(2) of the Act. This order is challenged by the Government. The question set......p; Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Hossain Sherazee Vs. Province of East Pakistan (1966) 18 DLR 52 PLD 1967 Dacca; K......ns of the Wakif. 2. The Province of East Pakistan (now Bangladesh) contested the suit asserting that the impugned order of the Revenue Officer under section 20 of the Act is well founded in law and binding upon the Wakf Estate and the plaintiffs. The Revenue Officer on taking accounts fro..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......abour Court and submitted its written statement and the Labour Court after hearing did not find Respondent No. 2 guilty of the misconduct as defined in section 17 (3) of the Standing Orders Act and accordingly held that the order of dismissal of respondent No. 2 was illegal and passed an order d......ya Matshajibi Samabaya Samity Ltd……...Appellant. Vs. The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May 5, 1976. Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N...... "133. (1) Save as provided in this Act, no Civil or Revenue Court shall have any jurisdiction in respect of— (a) the registration of a co-operative Society or its by laws or of an amendment of its by-laws; or (b) the dissolution of a managing comm..Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
.... to say that the advocates are officers of the court to maintain a standard of conduct by them for the cordial relations between the Bench and the Bar is indispensable for proper administration of justice. An advocate being an officer of the court should not hesitate to offer a word of apology i......1967 in which the appellant appeared before him as an advocate for the petitioner. We are, therefore, of the view that the 'above mentioned portion may be expunged from the impugned remarks. It is accordingly directed that the portion of the remarks as under: "It has been seen that ...... Lawyers Involved: Mustafa Kamal, Advocate, instructed by S, S. Hoda, Advocate-on-Record—For the Appellant. Ex-parte—Respondents. K. A. Bakir, Attorney-General instructed by B. C. Panday, Advocate-on-Record—U/O XLV, Rule 1, 5. C (A.D) Rul......after he left the court unceremoniously without arguing the case for the petitioner. It has been seen that he is in the habit of doing so and he did so in the past too. This conduct of the learned lawyer is highly objectionable." 2. Before entering into the merit of the appeal it is ..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
.... not holding that the courts below dismissed the petition of complaint on the basis of speculation of the defence story without going into the merit of the case and this has caused a miscarriage of justice. 5. In this connection it is necessary to refer to the petition of complaint and a......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......a. J. FM Rashiduzzaman……….Appellant Vs. Bahauddin Ahmed and another…….Respondents Judgment May 3, 1976. Cases referred to: H. H. B. Gill Vs. The King, A.I.R. 1948 (P. C.) 128; Matajagdobey Vs. H. C. Bhari......." 7. Press Notes show that an order under section 144 Cr. P. C. was in force in the city and a procession of many thousand students was brought out in violation of the order. The law and order was extremely disturbed and they committed various acts of violence and thereby creat..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......hether it was open to the High Court, in the exercise of its revisional jurisdiction to convert a finding of acquittal into one of conviction. Their Lordships of the Judicial Committee according to Akram, J. did not interpret the powers of an appellate Court under section 423 Cr.P.C.......sp; Nov. 20, 1975 Cases Referred to: Kishan Singh Vs. The Emperor (55 I.A. 390), Shera Vs. The Crown (6 D.L.R. (F.C.) 80), S...... as stated thereunder was to forcibly demolish and remove materials of an incomplete hut of the complainant Jainullah. In the charge under section 302/149 it was alleged that, two members of the unlawful assembly, namely, the appellant Tozammel and another named Ilias in prosecution of the commo..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....rohibiting the Chairman from holding the meeting for election of a Vice-Chairman. There is nothing on record to show that the appellant acted in a manner rendering assistance to the administration of justice. 14. The next contention is that the principal contemnors, the Chairman having been acqu......nction proceedings could be held liable for contempt of court. 8. The learned Munsif, it is evident, was conscious of the limitation of his jurisdiction to deal with a matter of this nature. He accordingly referred the matter to the High Court for appropriate action, if any. The High Court dea......hat when the petition for injunction was moved before the Munsif, M. A. Zaher, and Haji Jalaluddin Ahmed were present in the court precincts till the order of injunction was passed and they also came to know about the injunction order from respondent Mainuddin Ahmed. Nevertheless they participated i......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
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