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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. ......506 and 507/91). Judgment: ATM Afzal J: These two appeals, Criminal Appeal Nos. 21 of 1991 and 22 of 1991, by leave, arise out of the judgment and order dated 21 August 1991 passed by a Division Bench of the H..Category: Constitutional Law | Date: | Hits: 150
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... 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. ......ivil Appeal No. 5 of 1986 (Review against the Judgment and Order dated 20.7.87 passed by this Court in Civil Appeal No. 5 of 1986). Judgment Mustafa Kamal J: This is plaintiff’s appeal by leave for review of a judgment of this Court dated 20.7.87 in Civil Appeal No. 5 of 1986, reported i..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ......ent and order dated 1.9.87 passed by the High Court Division's Session at Barisal in Criminal Appeal No. 110 of 1985). Judgment Shahabuddin Ahmed CJ: State is the petitioner seeking leave to appeal against the judgment of the High Court Division dated 1 September 1987 disposing o..Category: Criminal Law | Date: | Hits: 92
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. ......y the High Court Division, Dhaka, in Criminal Appeal No. 261 of 1986). Judgment: Shahabuddin Ahmed CJ.- In this appeal by Special leave, the appellant, Siddique Munshi, is challenging the order of his conviction and sentence und..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. ......; Shahabuddin Ahmed CJ.- Secretary, Ministry of Food and three other officers of the said Ministry are the appellants in this appeal by Special leave. Respondent, M/s. MF Ltd., a private limited company, is the lessee of the Khulna Municipal C..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......ision, Comilla Session, Comilla in Civil Revision No. 308 of 1985). Judgment: Latifur Rahman J.- This appeal by leave at the instance of defendants is directed against the judgment and decree of the High Court ..Category: Property Law | Date: | Hits: 57
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. ......ahman, JJ. I concur with the judgment of Mustafa Karnal, J. Mustafa Kamal J: Defendant No. 3 is the appellant in this appeal by special leave. Upon dismissal of the plainfiff‑respondant's Title Suit No. 129 of 1958 by the learne..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. ...... of 1989 (From the Judgment and Decree dated 23.8.88 passed by the High Court Division, Barisal Bench in First Appeal No. 123 of 1980). Judgment Mustafa Kamal J.- The appeal by leave by defendant Nos. 1 and 2 is from the first appellate judgment and decree dated 23‑8‑88 pa..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ...... Vs. The State .............Respondent. Judgment February 17th, 1992. Lawyers Involved: Md. Monsur Ali, Advocate, (appeared with the leave of the Court) instructed by M Nowab Ali, Advocate‑on‑Record ‑For the Appell..Category: Criminal Law | Date: | Hits: 79
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. ......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. ..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....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: ......f further proceeding of the Special case pending disposal of the aforesaid Civil Suit. The learned Special Judge by a reasoned order rejected the same on the same day. 5. It has been stated in the leave petition before us that a revisional application was made ready on 19.5. 91 against the afores..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......ed by the High Court Division, Circuit Bench, Jessore in Civil Revision No. 249 of 1985). Judgment: Latifur Rahman J.- This appeal by leave at the instance of the plaintiff is directed against the judgment of the High Court Division..Category: Civil Law | Date: | Hits: 106
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. ......hittagong Bench in Application No. 4 of 1984) Judgment: MH Rahman J: This appeal by special leave, at the instance of the assessee, is directed against the judgment and order dated 28.4.1985 ..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....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. ......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)
....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. ......de is directory and not mandatory and non‑compliance with the same rule is an irregularity and not an illegality. 4. In the background of the facts and circumstance as mentioned above, leave was granted to consider whether the provision of rule 14 of Order VII of the Code which cont..Category: Banking Law | Date: | Hits: 150
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. ......n to the High Court Division. Civil Appeal No. 35 of 1987 was ordered to be heard along with two other certificated appeals. The appellants in all three appeals have also filed separate petitions for leave to appeal under section 6A of the Act of 1981. 5. Article 117 of the Constitution reads as..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... 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. ......al and Sharifuddin Chaklader, Assistant Attorney‑General, with him), instructed by Mvi. Md. Wahidullah, Advocate‑ on‑ Record ‑For the Respondents. Civil Petition for leave to appeal No. 49 of 1992 (From the judgment and order dated 28th November, 1991 passed..Category: Constitutional Law | Date: | Hits: 191
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 30, 10.90 passed by the High Court Division, Dhaka in Civil Order No. 1985 of 1990). Judgment: Mustafa Kamal J: This appeal by leave by defendant‑appellants is from the judgment and order of the High Court Division in Ci..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. ......Bench in Second Appeal No. 1449 of 1968.) Judgment: ATM Afzal J: This is a plaintiffs appeal by leave which arises out of the judgment and decree dated 6 November 1985 passed by a Single Judge of..Category: Property Law | Date: | Hits: 62