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Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....the right of preemption…….(15) Under section 95A of the S. A. & T. Act, transfer of land by out and out sale together with agreement of re-conveyance constitute complete usufructuary mortgage for a maximum period of 7 years and in that case possession shall li...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J AK Chowdhury J Yaor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others.......g assigned therefor illegally reversed the judgment of the trial Court and that the learned Judge of the High Court Division wrongly upheld the judgment of the lower appellate Court which is not a proper judgment of reversal in accordance with law. The learned Advocate further submits that the l......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 71
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......t Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Amirul Kabir Chowdhury J Secretary, Ministry of Food, Government of Bangladesh and others..................Appellants Vs. Md. Sirajuddin Ahmed and others............. 4 of 1996 decreeing the suit. 2. The plaintiff respondent No. 1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property belonged to Messrs Kaknorak Company which used to deal in jute in the matter of constructi......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......Abdur Rahim…………………….Respondent Judgment May 3, 2005. The Code of Criminal Procedure, 1898 (V of 1898), sections 498 and 517 Release of seized articles in a petition under section 498 of Cr.P.C. is not mainta...... there remains nothing to be tried by the trial Court. He then submitted that in an appropriate case an application under section 517 of the Code of Criminal Procedure may be filed before the proper Court for release of the seized articles on conclusion of trial of the case but not before t......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Arti......writ-petitioner-respondents Samity the same ceased to have any activities of the co-operative society and the High Court Division having failed to consider this aspect, made the Rule absolute without proper application of judicial mind. 10. We have heard and considered the submissions. On perusa......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....at would amount to give premium to investigation officer who is not serious and sincere in the matter of investigation of a case or that unmindful of the fact that investigation of a case is to be completed within the shortest possible time. Although the investigating officer examined the w...... The Nari–O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation ......ed the Adalat had no jurisdiction to try the case and in the background of the said submission the learned Counsel submitted that the case should be sent back to the Court of Sessions which is the proper Court in the facts and circumstance of the case for fresh trial. 11. Prosecutio......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ort and then the Deputy Commissioner, Kishoreganj being satisfied issued NOC dated 25-3-1986 to construct a cinema hall; that about 80% work of the construction of the disputed cinema hall has been completed before the institution of the suit; that there is also another cinema hall "Santima...... Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Respondents Judgment August 24th, 2005. The Ci......f the Cinematograph Act, 1918 and the rules framed thereunder, it is apparent that the discretion vested under the Act must like any other discretion, be exercised reasonably and upon just and proper grounds provided therein on strict compliance of the provision of law so as to guard agains......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J Begum Shamsunnahar..................Appellant vs Government of Bangladesh represented by the Secretary, Women and Children Affairs &. others..............Respondents Judgment June 14th, 20......nts (Discipline and Appeal Rules), 1985 has been violated as the impugned order was passed by an authority which was subordinate to the appointing authority and the Appellate Tribunal did not properly consider this aspect of the case and as a result these has been miscarriage of justice and...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....PW 6 that his opinion on this document also was “a partial one." 12. We have perused the impugned Sale-Deeds containing the questioned LTIs and found that these LTIs are not completely blurred or fully tampered with but greater parts of most of them are clearly visible, ca......immediately. Ed. ......s finding of fact cannot be said to be perverse either. Interference with an acquittal is called for when the evidence against the accused is unimpeachable. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the ......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....y Article 9, but not at the cost of robbing the local government institutions of their elected, hence representative character. 73. Lastly, the structure of local government was left fully and completely in the hands of Parliament. No one can claim a vested right in any particular form or in ......o. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-operative, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases ......d the functions retained by the Government were called "retained subjects". The Parishad was made a body‑corporate with perpetual succession, a common seal and right to acquire, hold and dispose of property, etc. It was to have a Fund of its own, the major contribution, nay, the entire contributio...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....r adjusting his loan taken from the said Bank was clearly barred. The learned counsel confined his submissions on the basis of the said two sections of the Companies Act and argued that there was a complete bar for the deposit of the share certificates under the said sections as was done in the ......J Mustafa Kamal J Latifur Rahman J Sonali Bank .........................................................Plaintiff-Appellant Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judgment March 30th 1992. Law......he section he relies upon. His argument, however, seems to suggest that he relies on the provision that a mortgage or a charge created by the company shall, so far as any security on the company's property or undertaking is thereby conferred, be void against the liquidator and any creditor of th......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......din Chaklader, Assistant Attorney-General with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1989. (From the judgment and order dated 30th April, 1989 passed by the High Court Division in Criminal Contempt Case No. 3...... the suit of 1952 and subsequently confirmed by the Dhaka High Court, and that the same could not be gone into afresh in the suit for mesne profits between the same parties in respect of the same properties. The suit for mesne profits was limited to the determination of damages the plaintiff......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....y authority: "Work done approximately 22%. Payment recommended for 20% of quoted amount of LS Tk. 34, 00,000.00/-, Tk. 6,80,000.00. One side of section CS No. 1, 2, 3, 4, 5, 6, 7, 8, 9, is completed hearly." 9. A total sum of Tk. 6, 6......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Eunus and Brothers (Pvt) Ltd. ........................Appellant. Vs. Registrar, University o......cutting earth with side slope 1:2 and grade upto 3% including throughing the spill manually or mechanically at safe distance, leveling, soil dressing etc. Complete, cutting, ramming to a rough for proper filling, leveling the road including dressing bailing put wall, compacting properly, all as ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
.... Deputy Director (Estates), former DIT, informed respondent No. 4 on 25.1.86 that his application for transfer in favour of the appellant "has been allowed". Respondent No. 4 was asked to complete three formalities, namely, (i) the proposed transferee will have to sign an enclosed agre.........................................Appellant [In both the appeals] Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment Au......at the Lease has been granted on the basis of the information furnished and declaration and statements made in the application and affidavit submitted by the LESSEE for allotment of the demised property; and if at any time any or more of such information or declaration of statement is/are fo......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......p;……………………..Petitioner. Vs. Montu @ Nazmul Huq and others……………………………&h......neous causing miscarriage of justice. He has next argued that exclusion of accused Mantu from the criminal act merely on a slight difference between ocular evidence and medical opinion is highly improper, causing failure of justice. 7. The unusually lengthy judgment of the learned Judges ......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....cer shall give only his finding whether the accused is guilty or not guilty and shall not make any recommendation as to punishment or otherwise. Further, the Instruction is that an enquiry shall be completed within the specified period. A copy of that Circular Instruction was forwarded to the Mi...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment March 19th, 1992. Lawyers Involved: ......n other employees were also found guilty and given minor punishment. 9. In the face of these materials it is to be seen whether there is any substance in the ground that the enquiry was not proper or that the appellant was not given sufficient opportunity to defend himself. As the facts s......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....ladesh, 30 DLR 219. In that case civil Court's jurisdiction was held ousted by section 188 of the Customs Act. In a recent case, Rafiqul Alam vs. Mostafa Kamal, 42 DLR (AD) 137 this Court found complete ouster of Civil Court's jurisdiction on election disputes. It was held by this Court that ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Karnal J Latifur Rahman J Managing Director, Rupali Bank Limited and others…………….Appellants Vs. Tafazal Hossain and ......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......depends upon the rank, status and nature of work of the employee concerned. The question therefore is where the matter of "grievance" of an employee, who is a worker, is to be brought for adjudication. First, I shall see whether the case of the respondent falls within the ambit of the ..Category: Administrative Law | Date: | Hits: 130
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......12 BLD (AD) 174; 44 DLR (AD) 253. ......ul Bari & others ..................Defendant-Respondents Judgment April 12, 1992. Result: The appeal is allowed. A court may, however, add a party even at the revision stage in a proper case and the minimum that is required to be found in such a case is that the presence of such......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
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. ......rd-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-Record-For the Respondent. Criminal Appeal No. 20 of 1991 (From the Judgment and order dated 18.7.91 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 508 of 1......ed the misappropriation of more than Taka six crores in connection with export of fertilizer to Nepal. 3. Leave was granted to consider whether the learned Judges of the High Court Division upon a proper interpretation of section 497 of the Code of Criminal procedure refused the bail of the appel......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. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....ithin the meaning of this section at any of the following places, namely: (1) the place, where the contract was made; (2) the place where the contract was to be performed or performance thereof completed; 3) the place where in the performance of the contract, any money to which the suit rela...... The appeal is dismissed with costs. Ed. ...... in regard to suits based on contract." 17. The learned Judges also referred to the following observation of Lord Herschell in (1891) AC 107 (144 and 145): "I think the proper course is in the first instance to examine the language of the statute and to ask what is ......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. ..Category: Business or Commercial Law | Date: | Hits: 124
....l on merit but only submitted that the appellant be exonerated in consideration of his tendering of unconditional apology in the High Court Division and also before this court. Mr. Ahmed's prayer for complete exoneration will be difficult to accommodate in view of the strong findings made by the Hig......)
Present:
MH Rahman J
ATM Afzal J
Latifur Rahman J
Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail, Dhaka ...... ......Appellant.
Vs.
Tahera Nargis Syed and another............... Respondents
Judgment
July 28, 1991
Result:
The unconditional ......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.......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...
Category: Criminal Law | Date: | Hits: 88
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