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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. ......vil Revision No. 1627 of 1981) Judgment: Latifur Rahman J.- This appeal by the plaintiff calls in question the judgment and order of the High Court Division, Rangpur Bench, passed in Civil Revision......o. 1 for Tk, 2000'00 becomes palpably erroneous and this gives the presumption and indication that there was fraudulent and foul play." The lower appellate Court considered certain facts of the case, such as, if the plaintiff would have actually transferred 1.50 acres of land 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. ......ainst the aforesaid judgment and decree of the lower appellate Court. The High Court Division summarily dismissed the application on the short ground that the appellant "has made submission on facts" and has "not been able to point out any error of law in the decision" of the ..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. ......sp; ATM Afzal J: This appeal by the informant following leave arises out of an order of acquittal passed by the appellate Court and confirmed by the High Court Division in revision. The short question for consideration is whether there has been such misreading of evidence as to the recogni......d from there Shahajuddin was taken to Pangu Hospital and Montazuddin to PG Hospital, Dhaka and admitted there. Hamid Mollah filed an FIR with Savar PS on the night of 4.4.83 alleging the aforesaid facts which gave rise to the present case. 5. Eventually 4 (four) persons including Ali Mol..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the petitioner has contended that as in their narration of facts and in their manner of tendering of apology both opposite party Nos. 1 to 3, and opposite party No. 4 have used, curiously enough, identical expressions smacking of a collusion amongst themselves, and trying to justify their condu...... opposite parties have tendered apologies, opposite party Nos. 5 and 6 could have contested the matter, though. The petitioner does not press the rule against them. 15. In deciding a serious question whether there is contempt of court or not the court, both the accuser as well as the judg......d opposite party No. 4 narrated certain circumstances for consideration of this court and then tendered apology. The learned Advocate for the petitioner has contended that as in their narration of facts and in their manner of tendering of apology both opposite party Nos. 1 to 3, and opposite par..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. ......ch, Jessore, in Criminal Reference Nos. 4 and 5 of 1985). Judgment: Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether the High Court Division correctly interpreted section 4(3) vis‑a‑vi...... 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)
....section 10 of the Act which is as follows: 10.(1) Save as provided in sub‑section (2) no trade mark shall be registered in respect of any goods or description of goods which is identical with a trade mark belonging to different proprietor and (either already on the register ......‑3 under an agreement for sale dated 13.10.78. There was nothing wrong for the BCIC to obtain the registration initially "Trading as Bangladesh Manufacturers and Industries Ltd." A question may be raised that such registration would also ensure to the benefit of the Sattar Match ......ve direction the application was disposed 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. Th..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. ......ion, Dhaka, in Writ Petition No. 1270 of 1989). Judgment: Shahabuddin Ahmed CJ: In this appeal by special leave the question is whether the appellant, who was an Advocate of the High Court of Bangladesh immediately ...... 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
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. ......55 of 1985) Judgment: Shahabuddin Ahmed CJ.- This appeal by special leave calls in question the High Court Division's judgment in Writ Petition No. 355 of 1985. By that judgment the ......gh Court Division's judgment. These are CA Nos. 10, 11 and 12 of 1987. Those appellants disputed the, decision as to non‑applicability of the new Rules and also raised certain question as to facts, though this question was not urged in the High Court Division. This Court, by a Judgment dat..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. ...... Judgment: Shahabuddin Ahmed CJ.- This is an appeal under Article 103 of the Constitution of Bangladesh. It calls in question the legality as well as propriety of an order of the High Court Division dated 28 May, 198......the contemner were true and on that basis, discharged both the Contempt Rules, by two separate judgments, dated 13th February, 1989 and acquitted the contemner, Awlad Hossain. 7. On the same facts and materials, and on their own findings in the said judgments the learned Judges issued an..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. ...... refusing the prayer for bail 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 appella..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:
......rge number of documents. In the High Court Division various arguments were raised by both the parties which created a veritable maze. The result was an unduly long judgment and what is worse the real question was neither considered nor answered.
6. It will be profitable to state the facts in ......l and without lawful authority.
5. The above sums up the core of controversy between the parties, the details of which are strewn in the lengthy assertion and counter‑assertion of the myriad facts made in the respective petition and affidavits of the parties supported by an equally large nu..
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. ...... is attracted only when the two competing documents are otherwise at par and stand on the same footing. The two Courts below have discarded the plaintiff’s sale‑deed on other grounds. As such the question of putting the two documents together to go through the test provided by section 47 of the ......cord in applying those sections in this case. Leave was also granted to consider whether there was an apparent error in the interpretation and application of section 47 of the Registration Act in the facts of the present case. 10. Mr. Md. Nurul Huq, learned Advocate‑on-ÂRecord for the appellan..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. ......or the Cruelty to Women (Deterrent Punishment) Ordinance No. LX of 1983. The appeal was allowed and all the accused persons were acquitted upon a finding that they had not committed the offence in question. Nobody, including the State, challenged the order of acquittal; but the State has come he...... 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. ...... of about one hundred cubits. This appears clearly from the evidence of PWs 2 and 3 who were among the witnesses declared hostile. 7. The real cause of the incident appears clearly from the questions put by the defence to PW 1. The defence case is that the boro field in question belongs t......ss to tell a lie or that he has been gained over by the adverse party. It may be that in some cases he has been gained over, but in other cases, it is probable that what he has deposed is the true facts, and the mere fact that the truth has been revealed and it has gone against the party calling..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)
....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. ......ndent, 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 "certificate", as required of that the appellants, under Rules t......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. ..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. ......f 1950 as proforma defendant‑judgment‑debtor Nos. 8‑13 and had wrongly decreed the suit and that the learned Single Judge of the High Court Division grossly failed to consider the question of defect of parties in the Rent suit and Rent Execution case when Jinnat Ali the judgment......, 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
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ...... being raised by the plaintiffs vendors, that the criminal Courts too found possession of the contesting defendants in the suit land, it was imperative upon the lower appellate Court to decide the question of limitation from the standpoint as to whether the plaintiff filed the suit within 12 yea...... of possession and particulars to connect the suit land with the suit Register Ext. 8, the auction‑sale was established by evidence. Leave was also granted to consider whether in view of the facts that as heirs of the original tenant the defendants' names were recorded in the RS and SA kha..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......€™ land. 6. Leave was granted in this appeal on a very limited ground in the following terms: “Mr. Khandker Mahbubuddin Ahmed, the learned counsel, frankly submitted that the only question will be in this petition for special leave is as to the nature of the family arrangement u......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ......ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ......ote that of one of the charge‑sheeted accused Abdur Rahim, who was mentioned by the victim girl in her statement before the Magistrate, had been granted bail by the Court. In the facts and circumstances of the case, the appeal is allowed. Let the appellant be released on bail t..Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......e property of the deceased person vests in him as such". In this case as soon as Hara Nath died on 13.3.1945, the property under the Will vested in the executor, Madan Sarker, and there was no question of the uncles of the plaintiff or the contesting defendant's father to continue as co̴......t Appeal, there is nothing to show that the plaintiff raised the issue of alleged estoppel. The plaintiff cannot be permitted to take such objection here for the first time which needs inquiry into facts. Mr. Ahmed, however, submitted that the finding as to defect of party was not so much fatal a..Category: Property Law | Date: | Hits: 77
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