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....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.......he memo of appeal before us that the appellant was promoted as Deputy Inspector‑General (Prison) in February, 1987 and has been working as such at Dhaka, with an unblemished and untarnished service record. Previous to the present Rule he was never called upon to show cause why he should not be com......ted in the memo of appeal before us that the appellant was promoted as Deputy Inspector‑General (Prison) in February, 1987 and has been working as such at Dhaka, with an unblemished and untarnished service record. Previous to the present Rule he was never called upon to show cause why he should no..
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. ......prosecution of that common object, four of them caused the death of Giasuddin. The defence case is that the land was in possession of the petitioners who claimed their title from the original C.S. recorded owners, Zuna Ram and Zeen Ram and that it was the informant's party, who had come to take ...... 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. ..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. ......urts judgment and dismissed the suit. 5. Leave was granted primarily to consider whether the learned Single Judge of the High Court Division was correct in re‑assessing the evidence on record and thereby acted beyond the scope of section 115 of the Code of Civil Procedure in setting)......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. ..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. ......iefs prayed for. 3. The appellant in his written statement 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 y......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. ..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....the way from Dhaka, and Mainuddin from Comilla Cantonment. It is Abul Khair himself who went inside the Parishad office and fired 5 consecutive pistol shots upon Safiuddin Chowdhury and then made good his escape on the motor cycle, along with Mainuddin and later Mosharraf. He deposited the pist......China Ranjan Barua and although Mr. Ahmed Ali tried to make out a case of torture by police before the statement was made, he was unable to back up his submission with reference to any evidence on record existing on or before the date of confession. We do not find any reason to differ with the f......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. ..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....uittal of the said respondent causing a failure of justice. 2. The informant Abdul Hamid Mollah and respondent No. 1 Ali Mollah are cousins and they live as neighbours, though not always as good neighbours. 3. On 19th Chaitra 1389 BS (3.4.1983) at about 10.00 AM Ali Mollah's cattle......were said to have been admitted in the Pangu and PG Hospital respectively for treatment, there was no documentary evidence on that behalf. The learned Judges noticed that these and another facts on record were considered by the Additional Sessions Judge before passing the order of acquittal, tha......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. ..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....is Court. It is further submitted that the petitioner's Co‑operative Society was overtaken unexpectedly and suffered a huge loss as the process‑server reported only a short list of the goods of the petitioner removed from the decreed premises. 3. In two separate sets of replies...... 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. ...... MH Rahman J: At the instance of the petitioner a rule was issued on 15th February, 1990 upon the opposite parties to show‑cause 'within one month from the date of the service why they will not be committed for contempt for violating this Courts order dated 25.1.90, ..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. ......of those cases from the court of the Divisional Special Judge to their courts, namely the courts of the Senior Special Judges concerned. The two Senior Special Judges, on their part, called for the records of those cases from the court of the Divisional Special Judge for the purpose of transfer; ...... 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)
....This contention was opposed by the appellants on the ground that neither in the agreement for sale nor in the schedule of properties nor in the inventory it had been specifically mentioned that the goodwill and trade mark were also included as subjects of transfer, The learned Judge, however, fou......ut it ought to have been considered that summary registration could not be given upon that application as it was beyond the period mentioned in article 6 of PO No 19 of 1973. The application is on record (Annexure D P 445 PB) which, inter alia, was for amendment of the name of the Proprietor, i.......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. ..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. ......le only for the purpose of disposing of cases by the Appellate Division and not to the appearance of Advocates before the Appellate Division. Secondly, under Article 6 A(5) of this Order "all records and registers of the Supreme Court of Pakistan relating to appeals and petitions, transferr...... 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. ..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. ......d Officer on Special Duty, Ministry of Establishment, Government of the People's Republic of Bangladesh, appeared in Person. 3. Following departmental inquiry, he was removed from service on 4.8‑85 on charges of inefficiency and misconduct. He filed case No. 264 of 1985 be..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....iscipline and Appeal) Rules, 1976 for "misconduct corruption". 3. They denied the charge taking the plea that a dacoity had been committed in the godown in the course of which the goods in question had been taken away by the dacoits, for which an Ejahar was also lodged with the ......ed for the appellants, has drawn our attention to Rule 7(5) of the Rules of 1976 and has argued that when the enquiry was held and the Enquiry Officer submitted his report on the basis of evidence recorded by him, the "authority" (respondent) was to consider only the report of the Enqu......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 us from their service under the respondent, the Bangladesh Trading Corporation, briefly the "Corporation&quo..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
.... on the spot on the night of 21.10.88, perused the status‑quo order, 'tore it into Pieces, Pressed the pieces under feet and asked his men to demolish the structures within 24 hours? However good the contemner may claim himself to be, how this allegation against him can be disbelieved unle......ion denying that he had made any false statement or allegation in the contempt petition against Awlad Hossain dated 1. 11.88 and reiterating what he had stated in that petition and other connected records, such as his statement in the GD Entry dated 22.10.88 and his petition to the Police Commis......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. ..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. ...... of section 497(l) of the Code of Criminal Procedure and thus allowed itself to be misled in exercising its discretion properly. Secondly, he submitted that in the absence of any other material on record excepting the FIR the High Court Division was wrong in holding that the prosecution has been......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. ..Category: Constitutional Law | Date: | Hits: 150
....stry of Defence (Annexure 'A' to the writ petition) stating that the lease of the land had expired on 31.3.86 and that it had not been renewed and directing the appellant to remove by 22.6.88 all the goods and machineries of the drums factory from the leasehold land for handing over the same to the ......ng inducted the appellant as a purchaser the appellant is neither a lessee nor inducted by the lessee. According to him, there was no lease document with the appellant. The lease document which is on record is the lease document between the President of Bangladesh as Lessor and Drums Metal Industrie......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:
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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. ...... section 53A of the Transfer of Property Act or section 47 of the Registration Act has any application at all in the instant case and whether this Court committed an error apparent on the face of the record in applying those sections in this case. Leave was also granted to consider whether there was...... 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. ..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. ...... 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. ...... 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. ..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 most desirable course is that both the cases should be tried by the same Judge and judgments in these cases should be delivered after conclusion of the hearing of both the cases. In such trials, records of each case should be kept distinct and separate; evidence of one case cannot be used in ......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. ..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)
....id Ministry are the appellants in this appeal by Special leave. Respondent, M/s. MF Ltd., a private limited company, is the lessee of the Khulna Municipal Committee to collect "octrol" on goods imported into the octroi barrier of the Municipality. The main question is whether the "......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......f the Pakistan Supreme Court in Md. Ismail vs. Province of East Pakistan, 16 DLR SC 438 to the effect that "when the party concerned came to know about the order of requisition of a property, service of the notice was not of much importance. It was a case of requisition of immovable propert..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ...... 2. The case, of the plaintiffs, inter alia, was that Jinnat Ali, predecessor of the plaintiff respondent Nos. 1 and 2 and others was 16 annas owner of suit property No. 1 measuring 1.46 acres recorded in CS Khatian No. 236 and owner of 15 gondas share of suit property No .2 recorded in CS K......, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ..Category: Property Law | Date: | Hits: 57
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