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Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....adman was widely respected and he sometimes sat with other men of experience and wisdom and solved problems faced by the villagers. The decisions of the Panchayet, Sabha, Mojlish, though there was no legal sanction behind them, were accepted and obeyed. But it is during the British rule when these v...... 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
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....only material document upon which the learned Special Judge placed reliance for holding that there was no such case as alleged. The learned Judge of the High Court Division besides considering the legal provisions as to forwarding of a sale certificate by the court concerned to the Registry Offi......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... on demand by the 1st party (Contractor) or in any award by arbitration, upon demand when due, the 1st party shall receive, in addition to the sum named in the certificate, interest thereon at the legal rate in Bangladesh." 33. He submits that the Arbitrator himself gave 30 days to the ...... 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
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....ral law and a special law is by the principle known as Generalia Specialibus non derogant‑which in English means, general words do not derogate from the special". In other words, if any legal remedy is ordinarily available under both general law and special law the remedy prescribed b...... of a statutory corporation; but this dose not mean that all classes of employees of statutory corporation may file a suit in the civil Court. Maintainability of such a suit depends upon the rank, status and nature of work of the employee concerned. The question therefore is where the matter of ..Category: Administrative Law | Date: | Hits: 130
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
.... Court Division in Civil Revision No. 2049 of 1990). Judgment ATM Afzal J.- The short question raised in this appeal by leave is whether the learned Judge of the High Court Division acted legally and properly in adding respondent No. 1 as opposite party No. 3 in Civil Revision No. 2049 o......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
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... misconceived or not as an appeal was pending before the District Judge and also whether the learned Single Judge of the High Court Division misdirected himself in failing to appreciate correctly the legal and factual aspects of the matter and thereby fell into an error of law occasioning a failure ...... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 175
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
.... advance purchase‑money with compensation before the contract could be rescinded then it is difficult to see why his offer to return the purchase‑money with interest should not be taken to be his legal readiness to part with the same forthwith. The appellants could have tested Rajeshwar's readin......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. ..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....ndant and when the plaintiff in effect rejected the goods after inspection by the SGS dated 6th October, 1982, and on each and every time when the plaintiff and their lawyers sent telex and served legal notices upon the defendant." 3. The appellant filed an application under Order VI......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)
....enal Code fell through, the conviction of the petitioners under section 149 for the rioting cannot stand in the absence of a specific charge under this section. Learned Counsel does not dispute the legal position that under sections 236 and 237 of the Criminal PC, a person, charged with a graver ...... 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. ..Category: Criminal Law | Date: | Hits: 59
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
.... also filed Title Suit No. 135 of 1979 in the same court against the same defendant-appellant for a declaration that the aforesaid compromise decree dated 19.7.77 in Title Suit No. 1 of 1977 was illegal, void, fraudulent, collusive and not binding on the plaintiffs on the allegations, inter alia......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. ..Category: Property Law | Date: | Hits: 67
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....e court passing the stay order or from an affidavit from one of the parties to the proceeding or in other way it will stay its hands till further order and, if it does not do so, it not only acts illegally but will also be liable for contempt of the court that passed the order. There is, however,...... 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
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....ot competent to transfer those cases from his court. So he made two references, Nos. 4 and 5 of 1985, under section 438 of the Code of Criminal Procedure, to the High Court Division questioning the legality of the orders of the two Senior Special Judges of Khulna and Bagerhat. A Division Bench of...... power of taking cognizance of an offence has not been given to him. He hears and disposes of cases which are transferred to him by the Senior Special Judge after taking cognizance. Equal rank and status of the Divisional Special Judge with the Senior Special Judge has not changed his position i..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
.... referred to section 24 of the Act in support of his contention that the application by respondent Nos. 1‑3 was misconceived and not maintainable. Section 24 is as follows: In all legal Proceedings relating to a registered trade mark, the original registration of the trade mark......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. ..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....rson entitled to practise before the High Court of Bangladesh before constitution of the Appellate Division was also entitled to practise in the Appellate Division also when it came. If this is the legal position, and I have no hesitation to say that it is so, then the appellant was entitled to ...... 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. ..Category: Others | Date: | Hits: 92
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
.... Shahabuddin Ahmed CJ.- This is an appeal under Article 103 of the Constitution of Bangladesh. 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...... Division in Civil Revision No. 712 of 1988 and prayed for ad‑interim injunction. The High Court Division, by an order dated 23 August, 1988, issued a Rule and passed an order for maintaining status quo till 2 November, 1988. Case of the appellant and other plaintiffs is that the Administr..Category: Criminal Law | Date: | Hits: 79
....nance. The appellant challenged these two notices dated 15.6.88 and 18.6.88 (Annexure 'A' and 'B') in Writ Petition No. 1215 of 1988 as having been issued without any lawful authority and to be of no legal effect and calling for a direction upon the respondents to cancel, rescind or withdraw the sam......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.
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Category: Property Law | Date: | Hits: 68
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... judgment of the High Court Division on the ground that these are totally irrelevant and unnecessary for the disposal of the appeal and that these observations are derogatory to the entire criminal legal system of the country. 2. We have heard Mr. Abdul Wadud Bhuiyan, learned Additional A...... 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)
....d. Advantage of such trials, simultaneously or in quick succession, is that it gives the Judge the whole picture which helps him to appreciate properly the evidence in each case. Though there is no legal bar to trial of such cases by different Judges, such procedure is always open to the risk of ......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
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....liyats in favour of the landlords and the plaintiff’s have been residing in the settled lands of defendant No. 1 and Fazler Rahman. Thus, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is ......, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ..Category: Property Law | Date: | Hits: 57
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....Ahmed, learned Counsel for the appellants, argued both on Ext. B, the alleged will, and the award of Bisudhananda Mahathero and submitted that the High Court Division did not correctly appreciate the legal consequences of these two documents. 8. With regard to the will Ext. B it was his first......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. ..Category: Property Law | Date: | Hits: 52
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