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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. ...... the judgment and order dated 1.2.90 passed by the High Court Division, Dhaka, in Civil Revision No. 709 of 1988). Judgment: Mustafa Kamal J: This is an appeal by leave by the Government of Bangladesh, represented by the Secretary, Ministry of Works, plaintiff,..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. ...... No. 837 of 1985). Judgment: ATM Afzal J: This appeal by defendant Nos. 2 and 3, following leave, arises out of judgment and order dated 16 August, 1990 passed by a Single Judge of the High..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ...... 1985 (From the Judgment and Decree dated 5.6.84 passed by the High Court Division, Sylhet in Second Appeal No. 259 of 1971). Judgment Mustafa Kamal J.- The plaintiffs are the appellants by leave from the judgment and decree dated 5‑6‑84 passed by a Division Bench of the High Court Div..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......m the Judgment and Order dated 17.3.1985 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 895 of 1979). Judgment ATM Afzal J.- This appeal by the defendant, following leave, is directed against Judgment dated 17 March, 1985 passed by a learned Single Judge of the Hig..Category: Property Law | Date: | Hits: 93
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. ...... Rahman J.- I have gone through the judgments written by my learned brothers ATM Afzal and Latifur Rahman, JJ. I agree with the decision of brother ATM Afzal J. ATM Afzal J.- These two appeals by leave CA 22/91 by the Collector of Customs and the Chairman, Board of Revenue, and CA 23/91 by the t..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. ......His claim for pre‑emption has been ultimately rejected by the High Court Division holding that he had acquiesced in the sale and waived his right of pre‑emption. Challenging this decision he took leave from us and filed these two appeals, in which the only question is whether he, by his act or c..Category: Property Law | Date: | Hits: 70
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. ......nviction under section 307 but maintained those under sections 448 and 380 Penal Code. The sentence under section 380 Penal Code only was maintained. 8. The submission on the basis of which leave was granted in this case has already been indicated. It is admitted by PW 1 Afsar Ali Charami..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 .......1989 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 44 of 1987) Judgment: ATM Afzal J: This appeal by leave at the instance of the first party‑appellant arises out of a proceeding under section ..Category: Criminal Law | Date: | Hits: 53
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
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......o.906 of 1968) 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: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ...... Bench Chittagong in First Appeal No. 343 of 1970) Judgment: ATM Afzal J: In this defendants' appeal by leave, the short question for consideration is whether the High Court Division was justified in the..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....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. ...... till disposal of the IRO case. The High Court Division upheld that order in the appellant's Writ Petition No.547 of 1985. 2. As there are several conflicting decisions of the High Court Division, leave was granted to settle the question whether under the IRO the Labour Court has got the power to..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 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. ......, 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
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......ted 6th March, 1991 passed by the High Court Division, Dhaka in Writ Petition No. 136 of 1991) Judgment: MH Rahman J: This appeal by special leave is directed against the High Court Division's judgment and order dated 6th March, 1991 passe..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......b‑Hossain, Advocate‑on ‑Record ‑ For the Petitioners. B Hossain, Deputy Attorney‑General instructed by SU Chaklader, Advocate‑or‑Record ‑ For the Respondents. Civil Petition for leave to Appeal No. 16 of 1990 (From the Judgment and Order dated 9th August, 1989 passed by th..Category: Limitation Law | Date: | Hits: 185
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......e decree passed against them on 28‑7‑85, they preferred an appeal to the High Court Division which allowed the same on condition of payment of Tk. 3,000/= to the plaintiff who now seeks leave to appeal from the said judgment. 2. The consideration which weighed with the High Co..Category: Procedural Law | Date: | Hits: 99
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. ......h Court Division was well-founded in treating the evidence of PWs 1 and 5 as "corroborative evidence" to the retracted confession of co‑accused Ezahar Ali. 7. In view of the leave granted by us, the primary consideration will be to judge the substantive evidence of these t..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. ......(From the Judgment and order dated 14.1.85 passed by the High Court Division, Chittagong Bench in the Civil Revision No. 11 of 1984). Judgment Mustafa Kamal J: This appeal following leave by the plaintiff‑appellants is from the revisional judgment of a learned Single Judge o..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......udgment and order dated 10.5.1988 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revision No. 131 of 1985). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether, on the death of a monthly tenant judgment‑debtor, his heirs can be ..Category: Tenancy Law | Date: | Hits: 97
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