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Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......e lease asserting his title to and possession in the fishery. Respondent No. 2 found that compensation assessment roll in respect of the concerned village was finally published on 3 March 1962 and accordingly, the fishery in question had vested in the Government under the provision of the said A......visions of section 43(2). Even if there be any defect in the preparation and publication of the compensation assessment-roll by itself shall not stand in the way of vesting non-retainable property to the Government………(9) Cases Referred to- Province of Ea....... Since the petitioner did not get any relief he filed the above-mentioned writ petition in the High Court Division to have the said order of respondent No.2 declared to have been made without any lawful authority. 5. It was contended before the High Court Division that no compensation as..Category: Property Law | Date: | Hits: 90
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......a, found that not a scrap of paper was filed either before the trial Court or before it to prove prima facie that notice of the Board meeting on 7-1-95 was served in writing upon the plaintiffs, that accordingly, there was no compliance of section 95 of the Companies Act, 1994 and the memorandum and......
Appellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others …………. Petitioner
Vs.
Ittefaq Group of P......ervice of notice upon the plaintiffs observed that the defendants did not produce a scrap of paper in support of their submission that they have all the records with them. Therefore, the provision of law referred to and relied upon by Mr. Ahmed will be of no avail without the foundation of minutes o..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....alafide without requirement of further proof. Interim orders may also be made in furtherance of public interest when gross violation of law is apparent on the face of the application, where grave injustices are perpetrated or are about to be perpetrated, where denial of interim relief will lead t......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. ......sdiction or clear or patent excess of jurisdiction or patent malafide without requirement of further proof. Interim orders may also be made in furtherance of public interest when gross violation of law is apparent on the face of the application, where grave injustices are perpetrated or are abou..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......60 (XLV of 1860) Section 467 To secure a conviction for forgery under section 467 of the Penal Code, it must be specifically proved that the executant by reason of unsoundness of mind or intoxication or by reason of deception practiced upon him did not know the contents of the document a...... daughters, namely, Jamuda Akhter Khatoon and Haimida Akhtar Khatoon. The accused petitioner Showkat Hossain Akanda Chowdhury is the nephew, of Sabirul Hossain Akanda Chowdhury and also his son-in-law having married Hamida Akhter Khatoon. Jamuda Akhtar Khatoon made a complaint that one year afte..Category: Criminal Law | Date: | Hits: 92
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......d-Petitioner Vs. State ……………... Respondent Judgment January 8, 1997. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Special Judge has jurisdiction to try the accused who is a public servant charged with an offence under section 5(2) of Act II of 1......as totally wrong in holding that the accused petitioner cannot be tried under Act II of 1947 along with other Penal Code offence. Hence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Report..Category: Anti-Corruption Laws | Date: | Hits: 81
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nbsp; 14. We have felt extremely uneasy with the reasons and the manner in which the impugned judgment has been rendered. We are, however, satisfied that it will be more in consonance with justice if the appellant is acquitted on the grounds urged by his learned Advocate. In any view of ......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......2/149 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There having no evidence on record that the ......nted to consider mainly broad submission that the other accused having been acquitted upon a disbelief of the prosecution case, the conviction of the appellant on the self same evidence was bad in law and discriminatory. 4. It is necessary to observe at the outset that we do not ag..Category: Criminal Law | Date: | Hits: 104
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ...... Syed Ziaul Karim, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented— The Respondents. Civil Petition for Leave to Appeal No. 902 of 1997. (From the judgment and order dated July 9, 1997 passed by the Hi......been held by the Court below that the Union Parishad was not prejudiced as it contested the plaintiff’s suit. It is not a question of prejudice but one of fulfilling a condition prescribed by law before is filing a suit against a Union Parishad. 6. Mr. Karim has found himsel..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......a monthly tenant in respect of the suit shop room under him, on the basis of a tenancy agreement dated April 14, 1985, at a monthly rental of Taka 500.00, payable by the first week of the next month, according to English calendar. He defaulted in payment of rent since March, 1986. The suit premise i......trol Ordinance (XX of 1963) Section 18 The notice sent by post at the address of the suit premises having been returned unserved with the remark of the postal authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The r......was not granted to consider whether (i) in view of the postal peon’s evidence that the notice under section 106 of the Transfer of Property Act had been duly serve, the High Court Division erred in law in holding contrary to the decision of this Division in the unreported case of Haque Brothers Lt..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....above mentioned public notification. 4. The Writ Petitioners challenged the cancellation of their Registration Certificate on the grounds that it was violative of the principles of natural justice as no show cause notice was issued to them prior to the cancellation; that the Controller o......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......th, 1997 Lawyers Involved: Mohammadullah, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner (In CP No. 606 of 1997). B Hossain, Deputy Attorney-General instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner ......n in Writ Petition No. 2822 of 1996 making the Rule absolute and declaring Public Notification No. 21(95-96) Import dated 24 January 1996 (Annexure-A to the writ petition) to have been made without lawful authority. 2. CPLA No. 606 of 1997 has been presented by the Vice-Chairman, Exp..Category: Business or Commercial Law | Date: | Hits: 117
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......the building. 3. The trial Court believed the case of the respondents that the petitioner was a tenant under them and that he failed to make payment of any rent from January 1991, and accordingly decreed the suit on 27 January, 1990 over-ruling the objection of the petitioner. Peti....... The Small Cause Courts Act, 1887 (IX of 1887) Section 25 Once it is established that the person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit for eviction on ground of purchase from a co-sharer without surrendering his posse......respect of the suit premises by way of purchase the Suit for eviction on the ground of default in payment of rents was to fail. The learned Judge of the High Court Division has, therefore erred in law in refusing to set aside the decree passed by the trial Court. 5. It is the consi..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
.... in which the two foreigner-appellants now find themselves in it will be proper for us to exercise our discretion a little more, as we find that this is a fit case, as it stands now, to administer justice tempered with mercy. Hence sentence of two foreigner-appellants may be reduced to rigorous ......ves in it will be proper for us to exercise our discretion a little more, as we find that this is a fit case, as it stands now, to administer justice tempered with mercy. 15. We have accordingly decided that the sentence of two foreigner-appellants may be reduced to rigorous impris......ith pity the present plight of the foreigner-appellants and we feel that because of the appeal alien situation in which the two foreigner-appellants now find themselves in it will be proper for us to exercise our discretion a little more, as we find that this is a fit case, as it stands now, to ...... of their suit cases or that they resisted the search. He submits that they two foreigner-appellants from the very moment of the seizure of gold at the customs hall submitted meekly to the hands of law and never displayed any conduct or behaviour that is suggestive of any insolence or contempt o..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......¦â€¦. Respondents. Judgment December 5, 1994. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 12 Payment of compensation was stalled due to raising of objection on an application before the joint Secretary prior to the date of appearance......cted the Deputy Commissioner, Dhaka to record an order to the effect that the acquisition proceeding stood abated. 5. Mr. SR Pal, learned counsel for petitioners, submits that there is an error of law apparent on the face of the record in deciding the matter in holding that the determination of t..Category: Property Law | Date: | Hits: 89
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......nbsp; The Code of Civil Procedure, 1908 (V of 1908) Or. V r. 17 The petitioner on appearance filed written objection against the petition for temporary injunction but on his failure to file written statements in the original suit, the suit was decreed ex-parte. In a case under Ord......he original suit, the suit was decreed ex-parte. In a case under Order 9 rule 13 challenging the ex parte decree on the ground of non-service of summons on the given circumstance is not tenable in law…………………………..(5) Lawy..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......ager of the factory was prosecuted and fined by the magistrate. On 28-5-91 the surveyors instructed the appellant to start reprocessing the stock and prevent further deterioration of the stock and accordingly reprocessing was started and 3515 master cartons of damaged shrimps and prawns were seg......he failure of power supply in the freezing plant is in fact failure of public power supply as per endorsement number 903 of DOS Policy, consequently causing damage of huge quantity of shrimp kept stored in the freezing plants which the respondents are liable to compensate. Restoration of the pow...... respondents are liable to compensate. Restoration of the power line within seventeen hours in the manner not helping restoration of the power in the cooling plants is no restoration in the eye of law. The plaintiff appellant is entitled to the statutory interest under section 47B of the Insuran..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......on of limitation being a mixed question of law and fact should be decided at the trial and in view of the reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......…...Respondents Judgment May 15, 1996. The Code of Civil Procedure, 1908 (V of 1908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in vie......e of Civil Procedure, 1908 (V of 1908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be reje..Category: Property Law | Date: | Hits: 52
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....at the appellant became a victim of circumstances by accompanying his uncle foolishly to the Revenue Office and that he has already served out more than 10 months and in the circumstances the ends of justice will be sufficiently met if the appellant’s sentence is reduced to the period already unde......and claimed to be innocent. On consideration of the evidence of 10 prosecution witnesses the defence examining none, the trial Court found the appellant guilty under section 471 of the Penal Code and accordingly sentenced him as noted earlier which was affirmed by the lower appellate Court. Thereaft......um of two years along with fine, the highest punishment provided for under section 471 being two years of imprisonment, and also considering the circumstance on record, the period of sentence reduced to the period already undergone and remitting the sentence of fine…………………….(5) La......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......le in the absence of any explanation for non-production of the original and that there was a total absence of any rent receipts from the side of the plaintiff. The learned Additional District Judge accordingly reversed the decision of the trial Court, by judgment and decree dated 6 April, 1978.&...... evidence. In the present case important material evidence had been ignored. The learned Single Judge has correctly noticed that the lower appellate Court misread the evidence on record and failed to take note of the aforesaid material evidence in arriving at its findings of facts. Hence there i......ree dated 23 January 1992, set aside the said appellate judgment of reversal and restored that of the trial Court on the view that the judgment of the lower appellate Court suffered from errors of law. 7. The contesting defendants now seek leave to appeal from the said judgment of the Hi..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ......ng the title of the rival claimants, it is for determination whether the case property was an abandoned property or not. As the property being found not abandoned property, the rival claimants are to establish the extent of their ownership in due process of law, if not already determined. &helli...... whether the case property was an abandoned property or not. As the property being found not abandoned property, the rival claimants are to establish the extent of their ownership in due process of law, if not already determined. …………………(9) ..Category: Property Law | Date: | Hits: 58
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......ip;..Respondent Judgment June 3, 1997. The Trade Marks Act, 1940, section 73 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, Rule 1 Interlocutory orders are based on prima facie findings upon the materials produced before the Courts at the ......ling of the products of both parties. The said suit is still pending and the order of status quo subsists. Now a contradictory order has passed in another suit and the High Court Division erred in law in maintaining the order of injunction passed by the learned Additional District Judge without ..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......thout any valid reason may operate as forfeiture of tenancy and in such a case notice under section 106 of the Transfer of Property Act may be dispensed with. ……………….(6) Case Referred to- Muhammad Islam Khan vs. Cantonment Board, 1982 Supreme Court Monthly Review 1956. Lawyer...... of Property Act was dated 8-11-87 and the same was served on 9-11-87 on the defendant terminating the tenancy with the expiry of 30-11-87 and consequently 15 days’ notice as contemplated under the law was given in the instant case. It is true that in the original agreement of tenancy with the pla..Category: Tenancy Law | Date: | Hits: 78
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