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Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ...... in section 366 Cr.P.C. which occurs in the chapter "Of the judgement". Therefore, the prayer for stay of delivery of judgment under section 344 was itself misconceived. 13. Irrespective of the question whether delivery of judgment is a part of the trial, it cannot be disputed that granting of......pages. This petition for leave to appeal is from the same. 8. Mr. Moudud Ahmed, learned counsel for the petitioner, made a lengthy submission in support of his contention that having regard to the facts and circumstances of the case the delivery of judgment in the Special case ought to have been ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ...... company was continuing and that arose in and through an enforceable contract with its employees. 8. On 29.3.1984 the revenue made a reference to the High Court Division raising three questions of law, two of which were not answered by the High Court Division as they were neither ra......siness they were not allowable under section 10(2)(xvi) of the Act. 10. The appellant now contends that when the Tribunal by lawful inference, drawn from a set of special and peculiar facts and circumstances of this case, found that the two items of expenditure were allowable under ..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......rding the substance of the allegations took cognizance under sections 420 and 406 of the Penal Code. Thereafter the accused unsuccessfully moved the High Court Division for quashing the proceeding in question. 3. Leave was granted to consider whether on the allegations as made in the petition of ......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ...... the Court and the same will not be taken into evidence. The Court shall not grant such leave unless the plaintiff can make out a case of "exceptional circumstances". Hence, the pertinent question for us will be to consider whether in the present case there was exceptional circumstances......contained in rule 18 of Order VII of the Code is directory and not mandatory and non‑compliance with the same rule is an irregularity and not an illegality. 4. In the background of the facts and circumstance as mentioned above, leave was granted to consider whether the provision of ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....wn opinion to be strengthened and confirmed. But in the last analysis the decision must depend upon the words of the Constitution which the court is interpreting and since no two Constitutions are in identical terms, it is extremely unsafe to assume that a decision on one of them can be applied with......ated 12th December, 1990 passed by the High Court Division Dhaka in Writ Petition No. 773 of 1989). Judgment MH Rahman J.- These three certificated appeals call for determination of a common question whether in view of clause (5) of Article 102 of the Constitution a writ petition is maintai......his regard, a person appointed in the same manner and entitled to the same security of tenure as the judge of the Supreme Court. It is urged that such an intention is to be deduced from the following facts: (a) that the Tribunal is being vested with a substantial part of the original constitutio..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ...... of master and servant does not apply in his case. The plaintiff can maintain a writ petition as also a suit against his wrongful dismissal, if not otherwise barred by any other law. 14. The question now is, can the plaintiff demand as of right a second show cause notice against the propos......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......uch as it has been found that the defendants had acquired title by adverse possession. If this finding remains then the suit will be indisputably barred also under Article 144, Therefore, the main question for consideration is whether the finding as to adverse possession was correct and this bri......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......it. It was no function of the High Court Division to sit in appeal over that finding of the lower appellate Court in the revisional jurisdiction. The High Court Division was only concerned with the question as to whether the lower Court in giving that finding committed any error of law resulting...... provided in the Code of Civil Procedure is to be followed or not at all. The High Court Division acted beyond jurisdiction in interfering with a finding of fact of the lower appellate Court in the facts and circumstances of the case. 14. The lower appellate Court was, however, not correc..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......No. 1 and not a deed of transfer. The High Court Division, however, did not set aside the finding of the Appellate Court that Krishna Lai Kundu was not the benamder of plaintiff No. 1. The question of benami auction‑purchase was raised and hotly contested before the trial Court. Th...... any purchase from plaintiff No. 2. 1, therefore, hold that the deed of release Ext. 7 was not a deed of transfer, it was a simple deed acknowledging the claim of plaintiff No. 1. In view of the facts, I hold that the impugned order passed under the Provisions of the East Bengal Transfer of A..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ...... in which the Rule was made absolute by the High Court Division and an order of remand to the trial court was passed. The remand was felt necessary because the High Court Division observed that the question of title of the plaintiff was directly and substantially in issue in the suit and without ......saction. It was a sufficient proof that there was a valid exchange and no further proof of the plaintiff’s title to the Indian property was necessary. 15. Mr. Huq submitted that in the facts and circumstances of the case the view taken by the High Court Division was fully justified a..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......llate Court held that Ext. 1 was an out and out sale with a condition of re‑purchase. The High Court Division agreed with the finding of the lower appellate Court. Leave was granted to consider the question as to whether Ext.1 is a kot moorage or an out and out sale with a condition to re‑purcha......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ...... that the appellant too moved a revisional application against the judgment in Title Appeal No. 20 of 1977 but the same was summarily rejected on 6.3.85. 10. Leave was granted to consider the only question whether the learned Judge of the High Court Division was justified in reversing the concurr......erted as the defendant's (appellant herein) case in TS. 48/71. 6. Upon the above pleadings of the aforesaid suits the learned Assistant Judge framed 4 issues for decision and after considering the facts and circumstances and the evidence on record, by judgment dated 21.12. 76, decreed OC Suit No...Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....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. ......e same, they have been heard analogously and will be disposed of by this judgment. 2. Respondent No. 1 Anis & Co. (in both the appeals) brought the aforesaid Writ Petition on 2.1.91 calling in question the letter dated 23.12.90 of the Collector of Customs(Annexure K to the Writ Petition) reit......at they reported the matter to the Collector of Customs on 28.5.91 and demanded refund of Tk. 41,19,003/72 being the price of the cement not supplied but no payment was made. 16. These are all the facts of the case till date. 17. The High Court Division found in the impugned judgment that the ..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. ......he High Court Division holding that he had acquiesced in the sale and waived his right of pre‑emption. Challenging this decision he took leave from us and filed these two appeals, in which the only question is whether he, by his act or conduct, acquiesced in the sale of the property in question or......quiescence and waiver" was taken for the first time in the High Court Division and that it was not taken in the pre‑emptee’s written objection. Learned Counsel has further submitted that even the facts and circumstances, proved in this case, are such that no acquiescence or waiver can be inferre..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....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. ......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. ......er sections 380 and 448 of the Penal Code and sentence of rigorous imprisonment for 2(two) years under the former section. 2. Leave to appeal was granted to consider the submission that the facts of the case were not critically examined by the High Court Division to a sufficient extent a..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......he judgment and order dated 27 June, 1989 passed by a Division Bench of the High Court Division, Dhaka making the Rule absolute in Criminal Misc. 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 t...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....& 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. ...... by respondent No. 1 the learned Single Judge of the High Court Division without issuing any rule on the appellant allowed the prayer of respondent No. 1 after holding "without going into the question as to whether the petitioner is a necessary or proper party, I just allow the petitioner t......& 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)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......him with the offence and which finds support from the confession of the co‑accused can very well be considered and in that basis his conviction can be maintained. 17. Now coming to the question of death sentence of appellants Hazrat Ali and Abdul Khaleque, we find that there is no e......y implicated in this case. 4. Both the learned Sessions Judge and the learned Judges of the High Court Division in appeal on consideration of the confessional statements and other attending facts and circumstances of the case convicted and sentenced the accused appellants as mentioned abo..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. ......plaintiff made by the final court of fact without assigning any reasons whatsoever. 6. The plaintiff sought for declaration on the basis of the deed of gift Ext.5 and consequently, the main question for decision is whether the deed of gift is valid and on that basis the plaintiff can seek......on of the Supreme Court of Pakistan, similar view has also been expressed in the case of Hakim Khan Vs. Aurangzeb and others reported in PLD 1975 (Lahore)1170. 12. Thus, in the facts of the present case, when the donee was admittedly a minor at the time when the property in q..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ...... in First Appeal No. 343 of 1970) Judgment: ATM Afzal J: In this defendants' appeal by leave, the short question for consideration is whether the High Court Division was justified in the circumstances of...... was justified in the circumstances of the case to make an order of remand for rehearing of the suit upon further fresh evidence after about 16 years of the filing of the appeal. 2. Material facts necessary for the disposal of the present appeal are that late Ekram Miah Chowdhury, the pre..Category: Procedural Law | Date: | Hits: 122
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