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Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
.... immediately. Ed. ......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....on), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 664); Comptroller and Auditor General vs. Jagannath, AI......, 11, 59 and 60 of the Constitution. Article 9 which provides that the State shall encourage local Government institutions composed of representatives of the areas concerned etc, it is interesting to note, was not there in the original constitution but was again a contribution of a Martial Law regim..Category: Constitutional Law | Date: | Hits: 655
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. ...... even remotely between the provisions of section 109 and the facts of the present case. The section occurs under the heading "Information as to mortgages, charges, etc". and the marginal note says that "certain mortgages and charges to be void if not registered". It is not ne..Category: Business or Commercial Law | Date: | Hits: 124
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. ...... knowledge that reports of judgment involving some interesting and important facts or some public or special interestings, are published in newspapers, it is very significant and interesting to note in the instant case that the judgment of a very ordinary and insignificant case like that of ..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam and Zakir Ahmed, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record -For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on -Record......llows: "Work done approximately 34%. Payment recommended for 34% of quoted amount of LS Tk. 34,00,000.00 = Tk. 11,56,000.00". 12. In respect of item Nos. 2‑5 some progress was noted and after an usual deduction the third running bill was passed for payment of Tk. 1, 97,450.76..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....third person and the loss if any must fall on one whose conduct made possible the wrong‑doer's act. 10. Mr. A J Mohammad Ali, learned Counsel for the respondents, submits on the other hand that the appellant is not as innocent as he pleads as is borne out of the records. He had also......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. ..Category: Property Law | Date: | Hits: 110
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....ers.......................................Respondents Judgment April 19th, 1992. Cases Referred to- Pradhip Das alias Shambhu vs. Kazal Das Sarma, 44 DLR (AD) 1; Abdus Sattar vs. Suresh Chandra Das, 32 DLR (AD) 171. Lawyers Involved: Khander Mahbubuddin Ahmed, Senior Advocate inst......se the transaction is not past and closed, The appellants have kept alive the issue of heritability of monthly tenancy in this appeal and while disposing of this appeal this Court will certainly take note of its latest decision on the subject. 8. Since we have held that a monthly tenancy is herit..Category: Tenancy Law | Date: | Hits: 90
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the accused an opportunity to defend himself witnesses should be examined in his presence and he should be allowed to cross‑examine the witnesses. 5. Mr. Khalilur Rahman, on the other hand, as examined that after two Preliminary enquiries, a thorough enquiry was held by a Committee ......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
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
.... Dr. Rafiqur Rahman Senior Advocate instructed by Miah A Gafur, Advocate-on-record - For the Respondent No. 1 in CA No. 61/90 & for the appellant in CA 68/90. Ranesh Chandra Maitra, Advocate-on-Record (absent) - For the Respondent No. 4 in CA No. 68/90. ......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)
....MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha Begum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others…………………… Respondents Judgment April 23, 1992. Lawyers Involv......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
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....) shows that the injuries were mainly multiple swelling with ecchymosis on various parts of the body of the victims. Alleged penetrating wound on the scalp of Montajuddin and fracture of the right hand of Shahajuddin which he described as grievous cannot be accepted in the absence of proper evid......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)
....on-Record - For the Petitioner. Abdul Hug, Advocate, instructed by Mohammad Ayub, Advocate-on-Record - For the Respondent Nos. 1-3. SS Haider, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate‑on‑Record‑ For Respondent No. 4. Moazzem Hossain,......been issued by the executing court to the Nazir Khan a second petition was filed 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 lea..Category: Property Law | Date: | Hits: 98
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....on the scene, Zaker Super Market, being armed with a pistol and accompanied by an armed body of goondas and was about to start demolishing the shops. At that time the appellant ran to the spot and handed over a copy of the status quo order to the Chairman, Awlad Hossain. The latter read the stat......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. ..Category: Criminal Law | Date: | Hits: 79
....ase of the land had expired on 31.3.86 and that it had not been renewed and directing the appellant to remove by 22.6.88 all the goods and machineries of the drums factory from the leasehold land for handing over the same to the Works Ministry. By a further Notice dated 18.6.88 (Annexure 'B' to the ......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:
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Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....ck to the date of agreement of the bainapatra which does not convey any title in favour of the promisee. 11. Dr. Kamal Hossain, learned Counsel for the defendant‑respondent, submits on the other hand, that this Court had thought fit to give an extended and liberal application of section 47 whic...... 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
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....n this case, evidence of PWs 2 and 3 shows that both the dead bodies of persons, who were antagonistic to each other, were found together in close proximity in or near the boro field. On the other hand, there is nothing to support the defence version of the case that Idris Fakir had been killed ......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
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....duct of the landlord, namely, the settlement with proforma‑defendant Nos. 21‑30 stand proved by the pattas Ext.5 series, Touzi Ext. 3 series and Bakijai Ext. 4 series, which are in the handwriting of Badruddoza Chowdhury. The lower appellate Court held that from the evidence of the p......ings. I have very carefully gone through the judgment of the trial Court and the lower appellate Court and find that whatever findings the trial Court had given, the lower appellate Court had taken note of those and after giving his own reasonings had discarded the same. In that view of the matte..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....iminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Madar Chandra Basu................Appellant Vs. The State .............Respondent......l the Court can release an accused on bail when it is satisfied there are reasonable, grounds for believing that the accused is not guilty of the offence alleged. The High Court Division failed to note that of one of the charge‑sheeted accused Abdur Rahim, who was mentioned by the victim g..Category: Criminal Law | Date: | Hits: 79
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....l should not proceed to the peril and prejudice of the petitioner pending disposal of the money suit. We are told that the petitioner has not yet riled his written statement in the suit. On the other hand, he produced considerable evidence at the trial. It will not therefore, be wrong to say that th......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: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....tan Vs. Mrs. AV Issacs 22 DLR (SC) 371; United Provinces Vs. Atiqua Begum AIR 1941 FC 16; JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2); State of Bihar Vs. Kameshwar Singh, AIR 1952(SC) 252; Chandra Mohan Vs. State of UP, AIR 1966 (SC) 1987; Johri Mal Vs. Director of Consolidation of Holding......ns being united in one body. 13. The case of Liyanage Vs. The Queen [1966] 1 All ER 650 is an aftermath of an abortive coup d' etat in Ceylon in January 1962. The ratio in that case is succinctly noted in Societe United Dock and others Vs. Government of Mauritius [1985] 1 All ER 864. "[T]he ..Category: Administrative Law | Date: | Hits: 203
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