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Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....d to have been wrongly decided by the High Court Division. 9. In the result, the appeals are allowed. The impugned order of the High Court Division is set aside and both the writ petitions are dismissed as not being maintainable. Another question raised in these two appeals is whether the Hig..Category: Constitutional Law | Date: | Hits: 169
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....e interpretation given by the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ..Category: Others | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....her.....................Appellants Vs. Md. Momtazul Hossain............................................................Respondents Judgment April 30, 1992. Result: The appeal is dismissed. The Constitution (Seventh Amendment ) Act, 1986 (Act I of 1986) The General Claus..Category: Employment/Service Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....ls the authorities came to the conclusion that the appellant is also responsible for the loss caused to the Mills. As to the Deputy Manager, who was Agency‑in Charge at Kanaipur, he, was dismissed from service and about seven other employees were also found guilty and given minor puni..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
.... under section 302. The appellant and one Mansur Ali were convicted under sections 302/149 of the Penal Code. Five others were acquitted. By the impugned judgment and order the High Court Division dismissed the appeal of the appellant and Mansur Ali. 3. The prosecution case, as stated in..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....Assistant Judge having no jurisdiction over the matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
.... of 1985 against the trial Court's judgment and decree. Hearing and disposing them of together, by the impugned judgment and decree dated 25.3.90 a Division Bench of the High Court Division, Dhaka dismissed both the first appeals and partly allowed the cross-objection of the plaintiff, further d..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
.... order was, however, set aside in revision by the learned District Judge on 20th March, 1984. The order of the learned District Judge was not challenged in the High Court Division. 3. The suit was dismissed on 24th February 1987 and on appeal the decision of the trial court was upheld. The appell..Category: Property Law | Date: | Hits: 67
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....er of the High Court Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 100
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....al by leave arising out of a suit for specific performance of contract, Title Suit No. 253 of 1959 of the 1st Court of Subordinate Judge, Barisal. By judgment and decree dated 19.4.77 the trial Court dismissed the suit and on appeal the learned Additional District Judge, Barisal by judgment and decr..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
.... part of the cause of action arose within 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
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....ind that the finding as to possession has been arrived at on the consideration of the evidence led by both the parties. We find nothing to interfere with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is unde..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
..... According to the defendant, the document of reconveyance was executed and registered on 17.3.77 by the plaintiff having full and direct knowledge of the contract. Hence, the suit is liable to be dismissed. 4. The trial Court dismissed the suit and on appeal the lower appellate Court rev..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
.... plaintiffs acquired title to it. The plaintiffs Title Suit No. 473 of 1978 is barred under the proviso to section 42 of the Specific Relief Act and their Title Suit No. 135 of 1979 is liable to be dismissed. Both the suits were, therefore, dismissed by the trial Court. 9. The plaintiff re..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....of them dismissing the same and the other allowing it. The criminal appeal of co‑accused Mosharraf and Mainuddin were referred to a learned Single Judge who by judgment and order dated 5.3.89 dismissed the criminal appeal filed by co‑accused Mosharraf and Mainuddin. 2. Only con..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....d grounds for passing the 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)
....se arose out of a decree for ejectment of the petitioner obtained by Opposite Party Nos. 1-2 in Title Suit No. 242 of 1984. That decree was affirmed by the appellate Court. The High Court Division dismissed the petitioner's Civil Revision No. 193 of 1986 on 16.3.89 and refused to stay the operat..Category: Property Law | Date: | Hits: 98
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....be available under the law against his decision. The High Court Division in view of its finding that there was no fraud could not give any direction under section 46. The petition was liable to be dismissed. But if it was thought proper, and we do not doubt that it was improper, that because of ..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....d the Registrar of the Supreme Court to allow him to practice in the Appellate Division. The learned Judges of the High Court Division, by an order dated 12th November 1989, rejected his claim and dismissed his Writ Petition on the same ground. In these circumstances the matter came before us. ..Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
....al inquiry, he was removed from service on 4.8‑85 on charges of inefficiency and misconduct. He filed case No. 264 of 1985 before the Administrative Tribunal against the said order which was dismissed but on appeal the order Of removal was set aside on 12.11.86 with the observation that if..Category: Administrative Law | Date: | Hits: 123