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Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....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. ......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. ...... registered in the name of Khondkar Mahtabuddin Ahmed, judgment-debtor No. 2 in the aforesaid Admiralty Suit. 2. Facts of the case, briefly, are that the appellant obtained a decree for an amount of US $ 1, 27,089.70 against respondents Nos. 2‑8 in the aforesaid Admiralty Suit. Aft..Category: Business or Commercial Law | Date: | Hits: 124
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ...... 3. The respondents filed two separate writ petitions (Writ Petition No. 868 and Writ Petition No. 1560 of 1991) challenging the order of punishment dated 31 December 1990 on the ground that the principle of natural justice was violated in their case as they were not given any opportunity to be......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... 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. ......to take a different view of the quantum of earth already cut but as long as the Arbitrator's finding is based on the evidence he received and on empirical deductions not challenged on any engineering principle, his finding cannot be disturbed as without any basis. The High Court Division, therefore,......anspires that about 32 lakh cu ft. earth would have to be cut. In view of the reduced quantity of earthwork the appellant at the request of the said Committee agreed to execute the work at a lump sum amount of Tk. 34 lakh for cutting 32 lakh cubic feet of earth and for Tk. 51,54,800.00 for other wor..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....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. ......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. ......on. The Deputy Director (Estates) DIT by a letter dated 29.12.85 agreed to consider the prayer for permission provided a sum of Tk. 9,819.00 was deposited as transfer fee within 2 months. The said amount was deposited in the designated Bank on 29.12.85 as transfer fee and thereafter the Deputy D..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. ......witnesses, it has got hardly anything to prove or disprove whether the criminal act of several accused persons was done in furtherance of their common intention. 9. Section 34 lays down the principle of joint liability for doing a criminal act. The essence of the liability is to be found ....... We rather find that this criminal act was done with the intention of causing such injuries as are likely to cause death, as described in section 299. As such, it constitutes culpable homicide not amounting to murder, punishable under section 304 Part I of the Penal Code. 13. Now it is t..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......sion that an application for substitution in a proceeding under Order 9 rule 13 of the Code is actually an application under section 151 of the Code of Civil Procedure. It will not be governed by the principle of survival of cause of any Costs action as in Order 22 rule 3 of the Code of Civil Proced......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ..Category: Tenancy Law | Date: | Hits: 90
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....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. ......vision duly considered the questions raised in the writ petition namely, the Government Servants (Discipline and Appeal) Rules, though applicable to the appellant's case, were not followed and the principle of natural justice was also not followed in his case by giving him sufficient Opportunity......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
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......1975 SC 1917 (1921 & I922) it was held that "where a large number of known persons (such as eighteen, as is the case before us), are alleged to have participated and the Court acts on the principle that it is better to err on the side of safety, so that no injustice is done to a possibl......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....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. ......While the former relates to and affects particular persons or things; it operates upon a selected class, rather than the public generally. Relation between a general law and a special law is by the principle known as Generalia Specialibus non derogant‑which in English means, general words ......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. ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ...... to the plaintiffs account in the Bank. The plaintiff, therefore, claimed in the suit Tk. 12,24,800'00 being the balance of sale proceeds of 2,308 metric tons of salt @ Tk. 100.00 per bag less the amount credited to the plaintiff’s account @ Tk. 90.00 per bag. 5. It is the furt..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......he subsequent transferee, having been impleaded in the suit for specific performance of contract and the certificate sale having taken place during the pendency of the suit the transfer is hit by the principle of lis pendens. 7. Mr. Khandker Mahbubuddin Ahmed learned Counsel for the appellants ha......ithin a year after obtaining permission and on receipt of the balance of the consideration money and that possession of the property would be made over thereafter. The appellants tendered the balance amount of the consideration money but Rajeshwar neither accepted the same nor executed the kabala in..Category: Property Law | Date: | Hits: 82
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. ...... 8. The appellant's contention that the defendant did not reside or carry on business within the local limits of the Court and that if the suit is allowed to proceed it would be contrary to the principles of private international law and that any decree made in the suit would not be binding o......y be followed. A resort to section 151 of the Code may be made in the interest of justice only in an exceptional case where the suit is foredoomed, and if it is allowed to be proceeded with it will amount to an abuse of the process of the Court. 10. Appellant contends that the High Court ..Category: Business or Commercial Law | Date: | Hits: 124
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. ......x‑tenants and present tenants of the plaintiffs depose that no receipts were ever issued to them by the landlords, obviously in view of the fact that the rate of rent in each case was a small amount. The fact that no one actually saw the appellants paying rent to the plaintiffs does not det..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. ......comes more probable. The prosecution case of murderous assault at midnight seems to be an exaggeration on the happenings of the daytime. 17. However, we are deciding this case on the settled principle that unless it is possible to demonstrate with certainty that none of the grounds upon wh......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. ..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. ......subordinate Court to carry out that order and it cannot take up the plea that as the order had not been officially communicated it was at liberty to ignore it. 13. It is a well‑settled principle that in a contempt matter there cannot be both justification and apology. By filing a se...... 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. ..Category: Property Law | Date: | Hits: 98
....ability of Tk.36,297'84 only with the Agrani Bank, Local Office, Dhaka. A down payment of Tk. 22 lacs having already been made, the balance amount of Tk. 69,00,000'00 was to be paid in 9 equal yearly installments (which means that the payment can be made upto 1988, extending beyond 3 years from the ......leaded its own ouster from the clutches of the Ordinance. The High Court Division was clearly unable to comprehend the nature of the petition preferred by the appellant and was wrong in importing the principle of mandamus in a writ petition of the present character. The writ petition was clearly mai...... prior to the above quotations".
16. The Price quoted by the appellant for 7.93 acres was Tk. 91,00,000'00, but for the reduced area of 3.28 acres the Ministry of Industries asked for the same amount and the appellant agreed after failing in its attempt to secure a proportionate reduction in ..
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. ......n the defendant's (1975), the defendant's sale‑deed relates back to the bainapatra dated 30.12.72. The defendant's sale‑deed will prevail over the plaintiff's. It was also held that the equitable principle of section 53A of the Transfer of Property Act can be invoked by the defendant for protect...... 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. ..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. ......rding various laws of the land in this particular case and thereby questioned the wisdom of the law makers on various laws with which he was not at all concerned in this appeal. It is the cardinal principle of administration of justice that a judge must have freedom and independence of judgment....... 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. ......reover, the cause of his death is not disputed either. 9. Now the question is how far the evidence of the witnesses declared hostile by the prosecution can be relied upon. There is a general principle which prohibits the prosecution to cross‑examine their own witnesses, since these w......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. ..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. ......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. ......r sale within a municipality", The lessee levied Octroi on these goods at Tk. 13, 84, 740.89 and requested the Controller of Movement and Stores, Ministry of Food (appellant No. 4) to pay this amount. The Controller first accepted the claim and, as appears necessary fund was also placed at ..Category: Fiscal/Taxation Law | Date: | Hits: 92
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