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National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1992, 21 CLC (AD)

.... Mustafa Kamal J Latifur Rahman J National Engineers Ltd...............Appellant Vs. Director, Military Lands and Cantonment Directorate, Ministry of Defence, Dhaka Cantonment and others……………………..Respondents Judgment March 5, 199......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Engineers Ltd...............Appellant Vs. Director, Military Lands and Cantonment Directorate, Ministry of Defence, Dhaka Cantonment and others……………�...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Engineers Ltd...............Appellant Vs. Director, Military Lands and Cantonment Directorate, Ministry of Defence, Dhaka Can......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: ..

Category: Property Law | Date: | Hits: 68

Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)

....ver got possession of the suit land and that the defendant had been possessing the suit land from the date of this bainapatra i.e., 30.12.72. 5. On appeal the learned Subordinate Judge, 3rd Court, Dhaka by his judgment and decree dated 30.8.84 in Title Appeal No. 301 of 1982, concurred with the f...... was wrong. However, the Courts below discarded the plaintiff’s sale-deed on other ground. Section 47 of the Registration Act is attracted only when the two competing documents are otherwise at par and stand on the same footing. The plaintiff’s document will fail simply because it could not stan......upreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafiqul Islam (Md)………………………..Appellant Vs. Mir Abdul Ali................Respondent Judgment December 12, 1991. Result: The a...... 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)

....Wahidulla, Advocate-on‑Record ‑ For the Respondent. Criminal Appeal No. 2 of 1991 (From the judgment and order dated 30.10.89 passed by the High Court Division, Dhaka, in Criminal Appeal No. 261 of 1986). Judgment: &...... Vs. The State .........................Respondent Judgment October 24th, 1991. Cases Referred To: Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. State 13 DLR 414 and Sadik Vs. State (1971) PLD (SC) 713. Lawyers Involved: Serajul Huq, Senior Advoc......iminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal Latifur Rahman J Siddique Munshi ...................Appellant Vs. The State .........................Respondent Judgment October 24th, 1991. ......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

Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)

....late Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Latifur Rahman J Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others .......... Appellants. Vs. M/s. MF Limited, a Private company ......Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Latifur Rahman J Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others .......... Appellants. Vs. M/s. MF Limited, a Private company limite......Shahabuddin Ahmed CJ MH Rahman J Latifur Rahman J Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others .......... Appellants. Vs. M/s. MF Limited, a Private company limited by shares........................Respondent ......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

Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)

.... in Title No. 90 of 1972 passed by the learned Subordinate judge Patuakhali. 2. Plaintiff‑respondent No. 1 is a Buddhist and a widow of Thanchanio Talukder who died on the 30th March 1971 at Dhaka. She is governed by Burmese Buddhist Law according to which only the and others widow succeeds......ourt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chanjury Talukder and another .................................Appellants. Vs. Chingneshay Magni a......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chanjury Talukder and another .................................Appellants. Vs. Chingneshay Magni and others…………………………………….Respondents ......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. ..

Category: Property Law | Date: | Hits: 52

Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)

....in Chakladar, Advocate‑on‑Record ‑For the Respondent. Criminal Petition for Leave to Appeal No. 8 of 1992. (From the Judgment and Order dated 21.1.1992 passed by the High Court Division, Dhaka in Criminal Revision No. 120 of 1992). Judgment ATM Afzal J.- The former President of B...... Deputy Attorney‑ General with him) instructed by Sharifuddin Chakladar, Advocate‑on‑Record ‑For the Respondent. Criminal Petition for Leave to Appeal No. 8 of 1992. (From the Judgment and Order dated 21.1.1992 passed by the High Court Division, Dhaka in Criminal Revision No. 120 of 1......ent here. Supreme Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hussain Mohammad Ershad...............Petitioner Vs. The State ………………………Respondent Judgment January 30, 1992 Lawyers In......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

SA Sultan Vs. The State and another, 1991, 20 CLC (AD)

....d by the High Court Division in Criminal Revision No. 936 of 1990 refusing to quash the proceeding of Complaint Petition Case No. 844'a of 1990, pending in the Court of Chief Metropolitan Magistrate, Dhaka under sections 420 and 406 of the Penal Code. 2. Respondent No. 2 filed a petition of compl......t Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J SA Sultan ............................Accused‑Appellant Vs. The State and another................Respondents Judgment November 20, 1991. Result: The appeal is......39. ......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ..

Category: Criminal Law | Date: | Hits: 64

Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)

....nbsp; Vs. Banque Indosuez having Its Local Office at 47, Motijheel Commercial Area, Dhaka ................ Plaintiff‑Respondent Judgment March 8th, 1992 Ca......ff‑Respondent Judgment March 8th, 1992 Case Referred to- Lahore Improvement Trust Vs. Khuda Bakksh Meraj Din PLD 1956 Lah. 252. Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharifuddin Chaklader, Advocate‑on......d.......................................Defendant‑Appellant Vs. Banque Indosuez having Its Local Office at 47, Motijheel Commercial Area, Dhaka .............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. ..

Category: Banking Law | Date: | Hits: 150

Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....ssed by the High Court Division in Writ Petition No. 240 of 1987) Civil Appeal Nos. 1 & 4 of 1991. (From the judgment and order dated 12th December, 1990 passed by the High Court Division Dhaka in Writ Petition No. 773 of 1989). Judgment MH Rahman J.- These three certificated ap...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmul Hasan and others ........... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) ...... 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. ..

Category: Administrative Law | Date: | Hits: 203

Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)

....‑ Record ‑For the Respondents. Civil Petition for leave to appeal No. 49 of 1992 (From the judgment and order dated 28th November, 1991 passed by the High Court Division, Dhaka in Writ Petition No. 2306 of 1990) Judgment: &nbs...... Dr. Ahmed Hussain ..................Petitioner. Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992 Lawyers Invol...... Latifur Rahman J Dr. Ahmed Hussain ..................Petitioner. Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992...... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ..

Category: Constitutional Law | Date: | Hits: 191

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

.... Sajjadul Huq, Advocate‑on‑Record ‑ For Respondent No. 2 Civil Appeal No. 11 of 1991 (From the Judgment and order dated 30, 10.90 passed by the High Court Division, Dhaka in Civil Order No. 1985 of 1990). Judgment: ...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jamuna Oil Company Limited and another................Appellants Vs. SK Dey and another................................ (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jamuna Oil Company Limited and another................Appellants Vs. SK Dey and another.............................................Respondents Judgmen......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

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

....ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, PS Ramna, Dhaka ……………………………&helli......ellip;……………………………………………………Appellant Vs. Chand Mia and others ..............................................................Respondents J......;…………………………………………………………Appellant Vs. Chand Mia and others ..............................................................Respond......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)

....ent Nos. 7‑9. Not Represented ‑Respondent Nos. 2‑6. Civil Appeal No. 96 of 1990 (From the Judgment and Order dated 16.8.90 passed by the High Court Division, Dhaka in Civil Revision No. 837 of 1985). Judgment: &n......t Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sahera Khatun and another............................Defendant‑Appellant. Vs. Anwara Khatun an......buddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sahera Khatun and another............................Defendant‑Appellant. Vs. Anwara Khatun and others.............................Plaintiff‑Respondents J......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)

....Not represented ‑ Respondent Nos. 2‑3. (In Civil Appeal No. 23 of 1991) Civil Appeal Nos. 22 & 23 of 1991. (From the Judgment and order dated 11.02.91 passed by the High Court Division, Dhaka in Writ Petition No. 6 of 1991.) Judgment MH Rahman J.- I have gone through the judgmen......preme Court Appellate Division (Civil) Present: H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh....................Appellant. Vs. Anis and Co. and others....................Respondents (In Civil Appeal No. 22 of 1991) Abu Taleb alia....... ......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

Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)

....spondent Nos. 1, 3, 4, 5(a) to 5 (d) and 6 (In Civil Appeal No. 53 of 1989). Civil Appeals No. 52 & 53 of 1989 (From the judgment and order dated 14 July 1988 passed by the High Court Division, Dhaka, in Civil Revision No. 915 & 916 of 1987) Judgment Shahabuddin Ahmed CJ.- Appellant is ......late Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazaruddin ..... Pre‑emptor‑Appellant. (In both the appeals) Vs. Maijuddin and others…. Pre‑emptee’s ‑Respondents (In Civil Appeal No. 52 of 1989). Md Serajuddin an......me Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazaruddin ..... Pre‑emptor‑Appellant. (In both the appeals) Vs. Maijuddin and others…. Pre‑emptee’s ‑Respondents (In Civil Appeal No. 52 of 1989). ......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. ..

Category: Property Law | Date: | Hits: 70

Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)

....e Siddique, Advocate‑on ‑Record ‑ For the Respondents. Criminal Appeal No. 4 of 1990 (From the Judgment and Order dated 27.6.1989 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 44 of 1987) Judgment: ......n J ATM Afzal J Mustafa Kamal J Aminul Islam…………………..First Party Complainant‑Appellant Vs. Mujibur Rahman and others.............. Second Party‑Respondents Judgment July 24, 1991 ......Criminal) MH Rahman J ATM Afzal J Mustafa Kamal J Aminul Islam…………………..First Party Complainant‑Appellant Vs. Mujibur Rahman and others.............. Second Party‑Respondents Judgment ...... 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. ......urt Appellate Division (Civil) MH Rahman J ATM Afzal J Mustafa Kamal J Abdul Wahab .....................................Appellant Vs. Ali Ahmed and another .......................Respondents Judgment July 9, 1991 Cases Ref......d. ......& 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)

....o. 1 of 1991 (From the Judgment and order dated 28th May, 1990 passed by the High Court Division, Barisal Session, in Death Reference No. 6 of 1988 (Barisal) (Death Reference No. 5 of 1987, Dhaka) and Jail Appeal No. 39 of 1988 (Barisal) (Jail Appeal No. 59 of 1987, Dhaka). Judgmen....... Ed. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hazrat Ali and others ......................................Condemned prisoners‑Appellants Vs. The State .....................Respondent Judgment August 6, 1991 ......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)

....ate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pubali Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991. Cases Referred to......vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pubali Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991. Cases Referred to- ...... 12 BLD (AD) 72. ......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. ..

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

Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)

....ndent No.1. Ex‑parte‑ Respondent Nos. 2 & 3. Civil Appeal No.9 of 1986 (From the Judgment and order dated 19th November, 1985 passed by the High Court Division, Dhaka in Civil Revision No.773 of 1984). Judgment: &nbs....... Mela Ram & Sons Vs. Commissioner of Income Tax Punjab, AIR 1956 (SC) 367; Banwarilal Bhoid Vs. Neelkantham AIR 1965‑Orissa 102, Jagat Jamani Dibi Vs. Jyotsna Basu AIR 1978 Calcutta 392 and Surinder Kaur Vs. Mohinder Bahadur Singh AIR 1978 HP 27. Lawyers Involved: Khondka......esent: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Mannan……………..........................Appellant Vs. Jobeda Khatun & others…………...............Respondents ......, 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. ..

Category: Property Law | Date: | Hits: 64

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