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Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
.....60 of 2000). Judgment: Md. Ruhul Amin J.- The appeal by leave is against the order dated January 3, 2000 of a Division Bench of the High Court Division in Writ Petition No. 60 of 2000. 2. The writ petition......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
.... Judgment: Md Ruhul Amin J.-This is plaintiff's appeal, by leave, against the judgment dated April 6, 1997 of a Single Bench of the High Court Division in Second Appeal No.713 of 1970 allowing the same upon setting asi......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
.... earlier view taken in the case of Tarapada Karati vs Sudhamoy, 53 CWN 678, as already mentioned above, Sattar J noticed that the view of Chakraborti, J was considerably modified by a different Bench of the same High Court in the case of Sital Chandra Kole and ors vs Mohilal Kole and others ......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)
....p; Amirul Kabir Chowdhury J.- This appeal has been preferred by the defendants-the Secretary. Ministry of Food and others against the judgment and decree passed by a Single Bench of the High Court Division in Civil Revision No. 2170 of 1998 on 7-12-1998 discharging the Ru......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)
....997). Judgment: MM Ruhul Amin J.- This appeal by leave is directed against the judgment and orders dated 9-12-1997 and 21-5-1998 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.4692 of 1997. The Miscellaneous ......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
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
.... No. 9 of 1995). Judgment Amirul Kabir Chowdhury J.- The State has preferred this appeal by leave against the judgment and order of the High Court Division dated 14-12-1997 passed by a Division Bench rejecting Death Reference No. 9 of 1995 arising out of Sessions Case No. 102 of 1994 of the Co......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 67
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
.... Rule and beyond the knowledge of the petitioner and further the consignment was Yellow Peas (pisum satibum) and not Dunpeas (motor dal) and the above report could not be produced before this Bench by the petitioner at the time of hearing of the civil petition despite exercising due dilige......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 88
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....sp; Md. Ruhul Amin J.- This appeal by the condemned prisoner is against the judgment and order dated January 25,2003 of a Division Bench of the High Court Division accepting the Death Reference, being "No. 51 of 2000, only in......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
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. ......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)
....te Judge, 2nd Court, Chittagong in Miscellaneous Case No. 38 of 1988 made the Arbitrator's award dated the 20th May 1989 a Rule of the Court. In First Miscellaneous Appeal No. 261 of 1990 a Division Bench of the High Court Division by judgment and order dated the 13th January 1991 set aside the ju...... 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
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....d. Sajjadul Huq, Advocate-on-Record- for the Respondent. Criminal Appeal No. 16 of 1990. (From the Judgment and order dated 22nd May, 1986 passed by the High Court Division, Comilla Bench in Criminal Appeal No. 213 of 1983). Judgment: ......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)
....ondent, who felt aggrieved by his termination, remedy lay before the Labour Court under section 25(l) of the Standing Orders Act. 8. Mr. NH Khondker has referred to two decisions of a Single Bench of the High Court Division in Assistant Manager, Rupali Bank Vs. Nurul Islam 39 DLR 167. One ......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)
....f also filed Cross objection No. 18 of 1985 against the trial Court's judgment and decree. Hearing and disposing them of together, by the impugned judgment and decree dated 25.3.90 a Division Bench of the High Court Division, Dhaka dismissed both the first appeals and partly allowed the cro......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. ..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....tructed by Serajur Rahman, Advocate‑on‑Record‑For the Respondent No. 4. Civil Appeal No. 13 of 1987 (From the Judgment and Order dated 24.11.85 passed by the High Court Division, Barisal Bench in Civil Revision No. 311 of 1981) Judgment Mustafa Kamal J.- This is the plaintiffs ap......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
Category: Criminal Law | Date: | Hits: 88
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....dvocate‑on‑Record ‑ For the Respondent. Civil Appeal No. 7 of 1988 (From the Judgment and order dated 24th November, 1985 passed by the High Court Division, Rangpur Bench in Civil Revision No. 1627 of 1981) Judgment: &nb......tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....ndent Nos. 1 and 2. Not represented-Respondent Nos 3 and 5. Civil Appeal No. 29 of 1990. (From the Judgment and Order dated 6.7.89 passed by the High Court Division. Barisal Bench in Civil Order No. 111 of 1989). Judgment: &......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
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....victed in the same trial under sections 302/34 of the Penal Code and sentenced to imprisonment for life and to pay a fine of Tk. 25,000'00 each, in default to suffer RI for 2 years more. A Division Bench of the High Court Division hearing the resultant Death Reference No. 1 of 1985 with Criminal......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
.... aside the order of conviction and sentence and acquitted the accused. 11. Being aggrieved by the said order of acquittal, the appellant took a revision, No. 90 of 1985, in which a Division Bench of the High Court Division, Dhaka by the Impugned judgment and order dated 24 October, 1989 d......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)
....nt when an appellate Court’s order staying for execution of the decree will take effect is Bessesswari Chowdhury Vs. Horro Sundar Mozumdar, (1896‑97) 1 CWN 226. In that case a Division Bench of the Calcutta High Court held that an order staying execution of a decree against which an ...... 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