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Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)

....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 89

Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)

....lord, i.e. Gobinda Jieu possession, therefore, cannot become adverse. 11. In the case cited by Mr. Khondker, a Single Judge referred to ILR 10 Cal 820 (1884), Nuddyarchand Vs. Meajan, where Chief Justice Sir Richard Garth observed that there is no doubt whatever that by the English Law, a......i.e. Gobinda Jieu possession, therefore, cannot become adverse. 11. In the case cited by Mr. Khondker, a Single Judge referred to ILR 10 Cal 820 (1884), Nuddyarchand Vs. Meajan, where Chief Justice Sir Richard Garth observed that there is no doubt whatever that by the English Law, an encr..

Category: Property Law | Date: | Hits: 62

Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)

....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ..

Category: Property Law | Date: | Hits: 56

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. ......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. ..

Category: Property Law | Date: | Hits: 58

Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)

....Bank agreed upon adding certain conditions allegedly at the influence of the Bangladesh Shipping Corporation vide its letter dated 22.11,90 (Annexure D). 6. The respondent further alleged that the Chief Controller of Import and Export (CCI & E) was creating various obstacles at the instance o......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..

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. ......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. ..

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 ...... 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 ..

Category: Criminal Law | Date: | Hits: 53

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. ......& 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. ..

Category: Procedural Law | Date: | Hits: 110

Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)

....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..

Category: Criminal Law | Date: | Hits: 69

Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)

....other Division Bench held a diametrically opposite view in Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & ors. 39 DLR 39. It was done again without referring the matter to the Chief Justice for constituting an appropriate Bench for settling the disputed question of law. 6.......Division Bench held a diametrically opposite view in Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & ors. 39 DLR 39. It was done again without referring the matter to the Chief Justice for constituting an appropriate Bench for settling the disputed question of law. 6. The u..

Category: Labour and Industrial Law | Date: | Hits: 103

Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)

....l and the convict cannot be kept in custody for undergoing imprisonment". 7. Before we consider the contentions of the respective parties let us refer to some relevant provisions of the Chief Martial Law Administrator's Proclamation dated 7th April, 1979. By that Proclamation the Mart......mmitment issued by the District Magistrate, Tangail. Annexure 2 is a letter dated 31 January, 1991 of the Deputy Inspector General of Prisons, Khulna Division, addressed to the Ministry of Law and Justice, stating that he received the order of detention dated 13th January, 1991 from the Home Min..

Category: Constitutional Law | Date: | Hits: 365

Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)

....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..

Category: Criminal Law | Date: | Hits: 68

Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)

....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 50

Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)

....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..

Category: Others | Date: | Hits: 157

FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)

....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 66

Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)

....r life. The convicts then preferred an appeal by special leave to the Federal Court of Pakistan. The appeal was heard by four Judges and the judgment was delivered by his Lordship Abdul Rashid, the Chief Justice. The view taken by him is that a finding of acquittal can not be converted into a fi....... The convicts then preferred an appeal by special leave to the Federal Court of Pakistan. The appeal was heard by four Judges and the judgment was delivered by his Lordship Abdul Rashid, the Chief Justice. The view taken by him is that a finding of acquittal can not be converted into a finding ..

Category: Criminal Law | Date: | Hits: 57

M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)

....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 142

Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)

.... Oudh Courts have taken a contrary view. The view taken by them is that conviction and sentence under both the sections are legal, as both the offences are distinct and separate offences. The Oudh Chief Court has followed the Madras High Court and has dissented from the view expressed by the Pat......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 74

Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)

....ome-tax Officer a power to deter­mine his own basis for computation of the ta­xable income for there must be a basis but that he must not act in wholly an arbitrary manner. A similar observation of Chief Justice Chagla, as made in the following passage of the decision in the case of A. Moosa &......x Officer a power to deter­mine his own basis for computation of the ta­xable income for there must be a basis but that he must not act in wholly an arbitrary manner. A similar observation of Chief Justice Chagla, as made in the following passage of the decision in the case of A. Moosa & Sons ..

Category: Fiscal/Taxation Law | Date: | Hits: 164

Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)

....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..

Category: Business or Commercial Law | Date: | Hits: 129