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Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... 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. ......and throwing themselves at the mercy of this Court. 4. Opposite Party No. 5 and Opposite Party No. 6 in their affidavits asserted that no letter of Advocate nor any verbal intimation by any person regarding staying of the execution of the decree passed by the Appellate Division was served..Category: Property Law | Date: | Hits: 98
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....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. ......lication in the High Court Division under section 46 of the Act ought to have been allowed. Section 46(2) of the Act which was invoked by the respondents reads as follows: "(2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry made i..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... 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. ......nd Justice, Bangladesh Secretariat, Dhaka and another .....................Respondent Judgment March 16th, 1992 Lawyers Involved: Shamsuddin Ahmed, Advocate (appeared in person) ‑ For the Appellant. Aminul Haque, Attorney‑ General, (AW Bhuiyan, Addit..Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ......y of Establishment and others……………Respondents Judgment May 21st, 1992. Lawyers Involved: Muhammad Muslim Ali, In person-For the Petitioner. Not Represented – The Respondents. Civil ..Category: Administrative Law | Date: | Hits: 123
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....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. ......e appellant and other plaintiffs is that the Administrator (Defendant No. 1 of the suit) and other officers under him were served with the notice of status quo but the Administrator sent a body of persons to the market to demolish the shops. Appellant then showed a copy of the order of status qu..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......seems that the High Court Division was labouring under a misconception as to the prohibition in granting bail under sub‑section (1) of section 497 Cr.P.C. The prohibition thereunder is that a person accused of any non‑bailable offence shall not be released on bail if there appear reas..Category: Constitutional Law | Date: | Hits: 150
....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:
....... The appellant asserts that it has spent a huge amount of Tk. 6.5 crores for repair and renovation of the machineries and equipment’s of the factory by taking loan from Commercial Banks mortgaging personal properties and assets of the Directors of the appellant‑Company. The appellant asserted i..
Category: Property Law | Date: | Hits: 68
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....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. ......l, 1985 lodged by Informant (Ismail Fakir PW 1) alleging that his brother Idris Fakir had been murdered by the appellant, along with others, when his brother had protested the action of the accused persons in taking forcible possession of Idris Fakir's boro paddy land. At about 9‑00 AM that..Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....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. ......f goods at the time of import into an octroi area. It says that when goods or animals liable to octroi, are imported into an octroi area, the Officer‑in‑Charge of the area shall ask the person in‑charge of such goods or animals to declare whether such goods or animals are intend..Category: Fiscal/Taxation Law | Date: | Hits: 92
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. ......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. ..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. ......es taken by defendant No. 1‑appellant in his written statement are not very material in this appeal. The relevant defence for the purpose of this appeal is that Bisudhananda Mahathero, an impartial person of international repute, out of concern for the welfare of both sides and with the consent of..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ...... their respective shares amicably. He further contended that Malik died and his interest devolved upon his two brothers Manik and Nagen who transferred some of their properties in suit to different persons including Akbar Ali Mondal, father of the contesting defendant, and the transferees have be..Category: Property Law | Date: | Hits: 77
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 the Tribunal. However, where the High Court finds that there is no evidence to support the finding of fact of the Tribunal, or the finding of the Tribunal is so unreasonable or perverse that no person acting judicially and properly instructed as to the relevant law could have arrived at it th..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......ore contained, Parliament may, by law establish one or more administrative tribunal to exercise jurisdiction in respect of matters relating to or arising out of‑ (a) the terms and conditions of persons in the service of the republic, including the matters provided for in Part IX and the award ..Category: Administrative Law | Date: | Hits: 203
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. ...... of the objects for which the Company was established was to acquire and take over all the properties, rights, interests and assets of Pakistan National Oils Ltd., that its shares are held by three persons, majority of which are in the name of Bangladesh Petroleum Corporation. Jamuna Oil Co. Ltd...Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......served that "And this rule applies to all land so encroached upon, whether the landlord has any interest in it or not." If a tenant during his tenancy encroaches upon the land of a third person, and holds it with his own tenure until the expiration of the tenancy, he is considered to h..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. ......nding committed any error of law resulting in an error in the decision occasioning failure of justice. 12. Order V, rules 16 and 18 CPC, provide the procedure of service of summons when the person serves or tenders the service personally or through an agent or through other person on his ..Category: Property Law | Date: | Hits: 56
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. ......Transfer of Property Act as follows: "5. "Transfer of property" defined.‑In the following sections "transfer of property" means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himse..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....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. ......oods from the Customs Authorities." 35. The learned Judges, we are very sorry to say, had been casual enough as even not to notice that under section 48 it is not the owner of the goods but the person‑in‑charge of a conveyance or his duly authorised agent who is required to deliver to the ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......d pre‑emption was allowed. 8. It is true, the right of pre‑emption accrues after transfer of the land, and statutory right of pre‑emption cannot be taken away by mere verbal assurance of the person having such right, unless other facts and circumstances clearly make out a case of acquiescen..Category: Property Law | Date: | Hits: 70
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