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Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....e document filed with the plaint ex facie shows that Chittagong was the place of delivery destination under the contract and that the survey was carried out there and the detection of the alleged defect in the goods also took place there, the Court in Dhaka was manifestly without jurisdiction.......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
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. ......suddin. The defence case is that the land was in possession of the petitioners who claimed their title from the original C.S. recorded owners, Zuna Ram and Zeen Ram and that it was the informant's party, who had come to take forcible possession of the land and that in a free‑fight that fol..Category: Criminal Law | Date: | Hits: 59
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. ......lant has created some fraudulent documents of pattan in respect of the portion occupied by him and has obtained a compromise decree in the aforesaid suit on 19.7.77 without making the plaintiffs a party to the same and suppressing the notices of the suit. 5. The defendant-appellant in his ..Category: Property Law | Date: | Hits: 67
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. ......d on the same day for recall of the said writ. The learned Advocate for the decree‑holder, Opposite Party No. 3, noted strong objections on both the petitions. On 27th January, 1990 opposite party No. 4, the learned Assistant Judge, rejected both the petitions without assigning any reason...Category: Property Law | Date: | Hits: 98
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....d by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to a High Court or to the ......h was raised in the High Court Division was that the appellants had obtained the registration of the trade mark "Cock" by practising fraud and that the Registrar of Trade Marks was also a party to the said fraud. The contention of the respondents, however, was clearly rejected by the le..Category: Intellectual Property Law | Date: | Hits: 227
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. ......sh. It calls in question the legality as well as propriety of an order of the High Court Division dated 28 May, 1989 made in Suo Motu Contempt Rule No. 189 of 1989, by which the appellant, who is a party to a Civil Suit, has been held guilty of contempt of court, convicted and sentenced to fine ..Category: Criminal Law | Date: | Hits: 79
....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:
......vernment as required by the letter of intent.
17. Then came the agreement for sale dated 13.9.77 (Annexure ‘D’ to the writ Petition) entered Into between the appellant as Purchaser‑first party and the President of Bangladesh as the Seller‑second party, agreeing to sell to the appellan..
Category: Property Law | Date: | Hits: 68
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. ......treatment in Dhaka and that no such incident as alleged by the prosecution took place at the relevant time and place. He did not deny the death of Idris Fakir but alleged that it was Idris Fakir's party, variously armed, who had raided the house of Badsha Mia in the course of which Badsha Mia's ..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)
....ormality. He has further argued that when substantive law has exempted the property from octroi, non‑observance of the formality or non‑compliance with the procedure is a mere technical defect and that this technicality cannot be interpreted in such a way as to defeat the purpose of ......ed for official use. He has in this connection referred to an observation of the Pakistan Supreme Court in Md. Ismail vs. Province of East Pakistan, 16 DLR SC 438 to the effect that "when the party concerned came to know about the order of requisition of a property, service of the notice wa..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....oforma defendant‑judgment‑debtor Nos. 8‑13 and had wrongly decreed the suit and that the learned Single Judge of the High Court Division grossly failed to consider the question of defect of parties in the Rent suit and Rent Execution case when Jinnat Ali the judgment‑debto......cuments the courts below correctly left those out of consideration, that the auction sale is not effective in law as the rent suit was filed by not impleading all the co‑sharers landlords as party to the suit and that there was no proof that the auction purchasers got delivery of possessio..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....e with him as in the Second Appeal the learned Single Judge of the High Court Division affirmed the judgment of the lower appellate Court, which to my mind does not suffer from any error of law or defect in procedure calling for any interference by this Division. 19. Before going into th......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......gard to the award of Bisudhananda Mahathero, the same argument applies. The appellant and the other defendants are not heirs to the properties of Thanchanio Talukder. Besides, the plaintiff was not a party to the aforesaid award. She did not authorise her father to sign the award on her behalf. The ..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
.... 140 of 1976, a Division Bench of the High Court Division (Rangpur Bench), by the impugned judgment dated 29 February, 1984 dismissed the same. The concurrent finding was that the suit was bad for defect of parties and that the plaintiff's interest in the suit land was extinguished by adverse po......ssion. The trial Court also found from Ext. A that Nagendra Nath had transferred some property to one Majibur Rahman who was in possession of the same and this Majibur Rahman having not been made a party to the suit, the suit suffered from defect of party. Similarly one Suren Sarkar, son of Hara ..Category: Property Law | Date: | Hits: 77
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: ......the facts of the present case, that to postpone a trial of a Criminal case the court ought to be guided by consideration of public interest and public policy only and not by the interest of a private party and that the petitioner was not entitled to relief because of his belated application. 9. T..Category: Anti-Corruption Laws | Date: | Hits: 88
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. ......urt decreed the suit. Relying on Abdul Gafur Sardar and ors. Vs. Wazedali Talukdar and another, 19 DLR 33 (37) wherein it is observed that "the Mukti‑patra cannot confer the title on any party unless it is supported by a registered deed of transfer‑kobala or gift" the trial ..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....t will be proved or when it is said to have been proved is a different matter. A party to the exchange when deprived of the thing or any part of the thing received by him in exchange because of any defect in the title of the other party has his remedy under section 119. But that is not to say tha......y exchange deed in favour of the Mitras as alleged on 5.1.63. 11. The High Court Division upon making reference to Sec. 119 of the Transfer of Property Act which provides for the right of a party deprived of thing received in exchange observed that even if the plaintiff failed to prove he..Category: Property Law | Date: | Hits: 58
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....to his utter surprise the disputed property was wrongly recorded in the name of Ananta Bandhu Sen's son and thereupon OC Suit No. 221 of 1968 was instituted but said suit failed due to some technical defects and hence OC. Suit No. 109 of 1970 was instituted, praying for declaration of title to the d......at he had applied for delivery of possession within 3 years from the date of the confirmation of the sale. The learned Assistant Judge upon an elaborate consideration found that Arun Bandhu was not a party in the certificate sale although his name was there in the S.A. record and that it was not pro..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....otice to the owner was also given before such auction sale as cement is perishable in nature and significant portion of the consignment had already undergone deterioration and damage due to delay and defective packing and some of the cement bags were already torn and had to be repacked and this will......, the Bill of Lading was issued by the charterer of the ship with the term "to the order of Transclear SA" as the consignee, but the Bill of Lading was not supplied to the importer and the notifying party was M/s MA Baker. The said cement arrived at the port of Chittagong on 24.7.90. The Bill of En..Category: Business or Commercial Law | Date: | Hits: 130
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. ......on including the informant could recognise all the appellants, rather their evidence shows that they could individually recognise some among the appellants. PW 7 stated generally that the informant party told him about recognition of the accused. He is admittedly a full brother of the informant...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 ......ion, Dhaka in Criminal Misc. Case No. 44 of 1987) Judgment: ATM Afzal J: This appeal by leave at the instance of the first party‑appellant arises out of a proceeding under section 145 of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 53
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