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AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....uot;I think the proper course is in the first instance to examine the language of the statute and to ask what is its natural meaning, uninfluenced by any consideration derived from the previous state of the law, and not to start with inquiring how the law previously stood, and then, assuming......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
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4. A Rule was issued upon the appellant only to show cause why he should not be committed for contempt of court.
5. In obedience to the Rule, the appellant appeared and filed an affidavit. He stated that the order of release in respect of Criminal Miscellaneous Case No. 173 of 1988 was recei......y of the Court in issuing a solemn order have been trampled and transgressed before the very eyes of the watching family members of the detenu. The Court cannot be a silent spectator to this state of affairs. We must make it clear that when this court passed an order it is meant for execution and no..
Category: Criminal Law | Date: | Hits: 88
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....es of the High Court Division found that the identity of the actual assailants, that is, the persons, who bad assaulted, and caused the death of Giasuddin was not established in view of discrepant statements of the witnesses. They, therefore, set aside the conviction of the four petitioners unde...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....s able to find out and arrest co‑accused Mosharraf Hossain on the same day. He made over co‑accused Mosharraf to OC Lakshmipur. On the next day i.e. on 4.12.78 accused Mosharraf made a statement before PW 2 China Ranjan Barua, Magistrate, 1st Class, Sadar, Noakhali, which was exculpa......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
.... 13. Mr. Moksudor Rahman, learned Advocate for the appellant, submitted that the High court Division upon clear misreading of evidence of PWs 1 and 3 wrongly held that none of the witnesses stated the means of recognition of the accused and the fact of recognition itself. PW 1 Hamid Molla......order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... strong objections on both the petitions. On 27th January, 1990 opposite party No. 4, the learned Assistant Judge, rejected both the petitions without assigning any reason. The petitioner further stated that the copies of the aforesaid letter of the learned Counsel were also served on opposite ...... 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. ..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ...... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....5. Leave was granted in these appeals to consider whether the High Court Division upon correctly appreciating the facts of the case and the relevant law made the findings and gave the direction as stated above. The appellants in both the appeals joined issue with regard to the direction given by......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. ..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....tled to plead or act in the High Court at Dacca shall be deemed to be an Advocate of the High Court of Bangladesh and shall be entitled to plead and act in that High Court." 4. As stated earlier, provision for appeals from decisions of the High Court was made in the President's ...... 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. ..Category: Others | Date: | Hits: 92
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
.... the Government, high and low, besides the accused. The impugned judgment does not show that it was particularly marked with the required remark which expresses the opinion on the merit of the case stated only in the FIR. Now that a chargesheet has been submitted in one case, there does not appe......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. ..Category: Constitutional Law | Date: | Hits: 150
....ings (Recovery of Possession) Ordinance, 1965, shortly the Ordinance, respondent No. 2, the Administrator of Military Lands, Military Land Administration Directorate, Central Circle, Dhaka Cantonment stated that 2.26 acres of land had already been resumed and directed the appellant to vacate the rem......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:
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Category: Property Law | Date: | Hits: 68
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
....ame across during the hearing and disposal of this appeal, due to hasty, short‑sighted, mushroom growth in the laws and regulations in this country since Bangladesh emerged as a sovereign state", to the sentence‑"And in the event, the posterity will not forgive us our d...... 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. ..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....on that she deposed falsely suppressing the fact that her husband had been killed by the accused in the boro field. Evidence of other hostile witnesses is of same nature excepting that PWs 2 and 3 stated that the dead bodies of both Idris Fakir and Lalmia were found in close proximity to each ot......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)
....en years late, that the goods in question are not liable to octroi under the Third Schedule, Item 22. It also appears that even in their Affidavit‑in ‑Opposition the appellants did not state that the goods were "intended for official use only". The learned Additional Attorn......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)
....ry of possession in schedule Kha and Ga movable properties and for partition of item Nos. 2‑8 of Schedule Ka land. 3. The various defences 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 ......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
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....med in the FIR as one of the seven accused persons who are alleged to have committed the offence of abduction there appears to be no particular oven act alleged against him. The victim girl in her statement under section 164 of the Code of Criminal Procedure before the Upazila Magistrate, Satkhi......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. ..Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....l died during the pendency of the suit and his heirs were brought on record as defendants 6(Ka) to 6(Cha). One of the said heirs, defendant No. 6 (Cha) alone contested the suit by filing a written statement. Two sets of defendants filed petitions for separate allotment. 5. Case of t......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)
....ing for stay of 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 agai......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)
.... 421813 dated 3.9.88 for Taka 1,00,000.00 (Tk. one lac) and another Cheque No. 421814 dated 3.12.88 for an amount of Taka 5,00,000.00 (Taka five lacs) on the BCCI Bank, Dhaka. The complainant further stated in the petition of complaint that having communicated with the Bank regarding encashment of t......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
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