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Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....er destinations beyond the octroi Unlit. The respondent, after some hesitation, accepted this reduction and requested the appellants to make payment of the balance, The Controller, however, raised fresh objections saying the entire payment became time‑barred and that the goods are not at a......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
.... of possession in the said property through Court; that thereafter the answering defendants, plaintiff’s brother defendant No. 1 and Fazler Rahman predecessor of defendant Nos. 6‑8 took fresh settlement from the auction purchaser landlord; that defendant No. 1 and Fazler Rahman took s......, 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
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....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. ......ement, deposition and exhibited documents were destroyed and the High Court Division had no opportunity to look into the lower Court's records. The records have not been reconstructed and upon the application of the appellant, filing of paper book has been dispensed with at his risk. The respond..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. ......perty is the description of ornaments left by her husband. The defendants being full brothers and near relations of her husband were conspiring to deprive her from her inheritance and so she filed an application to the Martial Law. Administrator who appointed a 1st Class Magistrate for enquiry The d..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....Mr. Ahmed, however, submitted that the finding as to defect of party was not so much fatal as the other finding as to adverse possession was, because the plaintiff is not precluded from bringing a fresh suit for partition upon bringing all the necessary parties on record. He, therefore, pressed ......r Mahbubuddin Ahmed, learned advocate for the plaintiff‑appeallent, firstly, submitted that the plea of defect of party ought not to have been allowed to he raised because in pursuance of an application of the plaintiff, the contesting defendant supplied better particulars upon which the p..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: ......n 9.2.91 against the petitioner and the Government of Bangladesh claiming a sum of taka two crores which was kept with the petitioner as aforesaid. The said suit is still pending. 4. On 20.3.91 an application was filed on behalf of the petitioner before the Senior Special Judge praying for stay o..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......nstance of the plaintiff is directed against the judgment of the High Court Division, Jessore Bench, passed in Civil Revision No. 249 of 1985 reversing the judgments of the courts below allowing an application for temporary injunction under Order 39 rule 1 of the Code of Civil Procedure. 2..Category: Civil Law | Date: | Hits: 106
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ......by special leave, at the instance of the assessee, is directed against the judgment and order dated 28.4.1985 and 29.4.1985 of a Division Bench of the High Court Division at Chittagong passed on an application under section 66(1) of the Income Tax Act, 1922, Application No. 4 of 1984. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......J: This appeal by the defendant is directed against the judgment and order passed by a Division Bench of the High Court Division in Civil Order No. 2240 of 1991, summarily rejecting the revisional application after affirming the order passed by the Subordinate Judge, Artha Rin Adalat (3rd Commer..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... 59. The learned Counsels for the appellants still wanted us to proceed to judgment. The Full Court could not, as it was then constituted, proceed to judgment. So the four of us heard the appeals afresh for a number of days. 60. The massive arguments took on the shape of a broadside on the vi......able under clause (5) of Article 102 of the Constitution, but granted a certificate. 3. In Civil Appeal No. 4 of 1991 respondent No. 3, Md. Atiqullah, an employee of the Bangladesh Bank, filed an application before the Administrative Tribunal for giving him, a promotee, seniority over those who ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....on. But there is no evidence on the side of the defendant‑appellants that the Bangladesh Petroleum Corporation terminated the services of the plaintiff and the appellant No. 1 appointed him afresh in exercise of its prospective power of appointment under Article 122((22). Its distinct lega......Mustafa Kamal J: This appeal by leave by defendant‑appellants is from the judgment and order of the High Court Division in Civil Order No. 1985 of 1990 dated 30.10.90 rejecting the revisional application summarily and thereby affirming the judgment and decree of the Additional District Judg..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
.... in favour of the plaintiff which has affected the merit of the case, because, the learned Judge says "From a look at the farags Ext. 2(a)‑2(c) it seems that these farags are written in fresh ink which cast a great doubt as to the genuineness of the alleged settlement, specially when ......enant, the plaintiff. In support of this submission, Mr. Khondker relied upon the case of Umarani Sarker vs. Kamala Bala Dassi 53 CWN 879. 9. The first ground urged by Mr. Khondker as to the application of Article 144 of the Limitation Act instead of Article 142 as applied by the learned J..Category: Property Law | Date: | Hits: 62
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. ......nsidering aforementioned cases Thayil Manno and another Vs. Kottiath Ramunni and others, AIR 1966 (SC) 337 the Indian Supreme Court held that those cases do not lay down a proposition of universal application that a deed styled as a deed of release cannot operate as a conveyance. It further note..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......he Additional District Judge, inter alia, observed that the said documents were not admissible as those were not authenticated by the Bangladesh Mission in India. During pendency of the revisional application the said documents were got authenticated and an application was filed under Order 41 r..Category: Property Law | Date: | Hits: 58
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......n in which, as already noticed, the impugned judgment setting aside the concurrent decree of dismissal was passed. From the impugned judgment it also appears that the appellant too moved a revisional application against the judgment in Title Appeal No. 20 of 1977 but the same was summarily rejected ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....y M/s Baker it was written "to the order of Grindlays Bank, Chittagong." Now the respondent's bill of lading sent to Agrani Bank shows "to the Order of Transclear SA" and this change evidently needed fresh permission from the Bangladesh Bank for remittance of US.$ 1,25,000 (said to be the price for ......nventory charges. Until the stay order was passed by the High Court Division they took delivery of 216 metric tons of cement out of 5000 tons. 14. During the pendency of the present appeals, on an application by the auction purchasers which was not opposed, they were permitted to take delivery of..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ....... 54 of 1986, in the Court of Subordinate Judge, First Court, Chittagong against defendant‑respondent No. 2. On 26th November, 1986 respondent No. 1 as a third party‑petitioner filed an application for adding him as a defendant in the suit asserting inter alia that he took a sub̴..Category: Procedural Law | Date: | Hits: 110
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....al by leave, the short question for consideration is whether the High Court Division was justified in the circumstances of the case to make an order of remand for rehearing of the suit upon further fresh evidence after about 16 years of the filing of the appeal. 2. Material facts necessary......ut as there was s communication gap in calling for the record of the lower court the deposition file was destroyed according to the rules in the meantime. 4. The plaintiff (appellant) filed application praying for taking additional evidence under Order 41, rule 27 of the Code of Civil Pro..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......got the power to grant an ad‑interim order for stay of the operation of an order, impugned before it. At the time of the hearing the appellant is allowed to urge further whether in the respondent's application under section 34, not raised as an industrial dispute under section 43 of the IRO the La..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......ourt of District Judge, Dhaka. While the Miscellaneous Case was pending before the trial Court, his appeal was heard and dismissed on 25th August, 1984. 2. Respondent No.1 filed a revisional application, Civil Revision No.773 of 1984, before the High Court Division. On 30th July, 1985 on h..Category: Property Law | Date: | Hits: 64
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