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AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......Division, Dhaka in Criminal Misc. Case No. 508 of 1991). Judgment: Latifur Rahman J : This appeal is directed against the judgment and order passed by the High Court Division in Miscellaneous case No. 508 of 1991 on 18.7.91 refusing bail of the accused -appellant. 2. The appellant who was..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......nd that any decree made in the suit would not be binding on the foreign defendant nor be enforceable as the judgment of court cannot be considered under Order VII, rule 11. 9. This is not a case where the suit is expressly barred by law. Reliance is placed on Burmah Eastern Ltd. Vs. Burma..Category: Business or Commercial Law | Date: | Hits: 124
....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.......tempt Case No. 6 of 1989 convicting the appellant for contempt of Court and sentencing him to pay a fine of Tk. 500.00 in default to suffer simple imprisonment for three (3) days.
2. The aforesaid case arose on an application filed by respondent No. 1 for drawing up a proceeding for contempt of c..
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. ......nt of murder, rioting and criminal trespass took place on 20th November 1979 at about 7.30 AM over the possession of a paddy land. Informant, PW 1, lodged an ejahar on which the police started this case and after investigation sent up these eleven petitioners for trial. Case of the prosecution i..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. ...... 1627 of 1981 making the Rule absolute and setting aside the judgment and decree of the lower appellate Court which in turn set aside the judgment and decree of the trial Court 2. Plaintiffs case, in brief, is that he purchased 0.50 acres of land i.e. 0.21 acres in Dag No. 500 and 0.29 ac..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. ......tle Suit No. 473 of 1978, against the defendant appellant for his eviction from the suit premises and for realisation of arrear rent and compensation, as also for permanent injunction. It was their case that in respect of the suit premises, to with, a tin-shed measuring 4' X 7' and adjoining bhi..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....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. ......njuries on his person and death in his opinion was due to the aforesaid injuries which were antemortem and homicidal in nature. 8. PW 13 Abdul Kader Khan, CI took up the investigation of the case and examined all the witnesses and on his transfer PW 14 ATM Shamsul Alam, SI submitted the ch..Category: Criminal Law | Date: | Hits: 61
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. ...... 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 Mollah were put on trial in the Court of..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... 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. ......in Civil Petition for Special Leave to Appeal No. 283 of 1989 staying further proceeding in Title Execution Case No. 1 of 1986 pending in the Court of Assistant Judge, Kushtia Sadar. The execution case arose out of a decree for ejectment of the petitioner obtained by Opposite Party Nos. 1-2 in T..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. ......h Court Division correctly interpreted section 4(3) vis‑a‑vis section 10(3) of the Criminal Law Amendment Act, 1958 holding that a Senior Special Judge got no jurisdiction to transfer a case from the court of a Divisional Special Judge. 2. Special Cast Nos. 13, 14, 15, 18, 19,..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....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. ......, however, was clearly rejected by the learned Judge. 14. He then considered of his own the provisions of section 10(2) of the Act which was found to be very important for the purpose of to case. After tracing the background of the long user of the trade mark "Cock" by the Satta..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. ......appellant's claim of automatic enrollment for the Appellate Division saying that neither is there any provision in the Constitution, nor is there any other enactment which supports the appellant's case. The learned Judges have observed: "So, the entire claim of the petitioner i..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. ...... 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 before the Administrative Tribunal against the said order which was dismissed ..Category: Administrative Law | Date: | Hits: 123
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. ......the respondent on the ground that these were not maintainable because, according to the respondent, the petitioners were not Government Servants but were employees of the Corporation in whose case the Government Servants (Discipline and Appeal) Rules, 1976 were not applicable. This contenti..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. ......f the learned judges. 2. Appellant and 16 others had filed title Suit No. 123 of 1988 in the 1st Court of Assistant Judge, Dhaka against the Administrator, Dhaka Municipal Corporation. Their case is that they are small shopkeepers of a hawkers market within the Dhaka city, named Zaker Supe..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. ......igh Court Division by judgment and order dated 21.3.91 declared his detention to be illegal. He was not, however, released as the Bureau of Anti‑Corruption in the meantime filed two Criminal cases, Ramna PS. Case Nos. 53(2) 91 and 89(2)91 on 11.2.91 and 19.2.91 respectively and he was show..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:
......ent of Tk. 91,00,000'00 towards the price of the lands, machineries, equipment and buildings and undertaking to pay the dues of M/s Drums Metal Ltd. payable to the Commercial Banks. The appellant’s case was that respondent No. 3, Ministry of Industries, never disclosed either that the lands undern..
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. ....... 3. One Alauddin Bhuiyan was the owner of the suit land. He sold the suit land twice, once to the plaintiff, and then to the defendant, and that is the cause of this litigation. The plaintiff’s case is that he purchased the suit land from Alauddin, by registered deed No. 20814 on 8.7.74, for T..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. ...... Judge has criticised PO No. 8, PO No. 50 and the Special Powers Act. None of these laws related to the appeal in question before the High Court Division. Opinion has been expressed also in certain cases under these laws which are sub judice in different courts. 3. On perusal of the judgm..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. ......ss as against the evidence of other local witnesses, all declared hostile by the prosecution, is not proper and that miscarriage of justice has been caused by failure of the trial Judge to try this case, along with its counter‑case, according to the established practice and procedure for tr..Category: Criminal Law | Date: | Hits: 69
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