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Abul Khair Vs. The State, 1992, 21 CLC (AD)
....motor cycle along with two other persons. PW 10 Abul Motaleb Patwari has described how co‑accused Mosharraf was apprehended near Faridgonj on the same day. Mr. Ahmed Ali could not assail this part of the prosecution evidence in any manner. 13. Mr. Ahmed Ali submits that the time of ...... many as 9 gunshot injuries on his person and death in his opinion was due to the aforesaid injuries which were antemortem and homicidal in nature. 8. PW 13 Abdul Kader Khan, CI took up the investigation of the case and examined all the witnesses and on his transfer PW 14 ATM Shamsul Alam..Category: Criminal Law | Date: | Hits: 61
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
..... Judgment: MH Rahman J: At the instance of the petitioner a rule was issued on 15th February, 1990 upon the opposite parties to show‑cause 'within one month from the date of the service why they will not be com...... 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)
....udgement May 3rd, 1992. Lawyers Involved: A. Wadud Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate‑on- Record-For the Appellant Ex - parte - For the Respondents. Criminal Appeal No. 11 of 1988. (From the judgment and o...... 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)
....rted following disinvestment of the said M/s Sattar Match Works in 1978 prior to which the owner of the two Match Factories was the same. In course of discussion in this Judgment, reference to the parties will be made as they are in CA No. 100/90. In order to appreciate the dispute between the p......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
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
.... Court, instructed by Ataul Huq, Advocate‑on‑ Record ‑For the Appellant. B Hossain, Advocate‑on ‑Record, Supreme Court‑For the Respondent No. 1. Ex parte‑Respondent No. 2. Criminal Appeal No. 16 of‑1989. (From the judgm......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....with the purchase of two container ships from Pakistan, the appellant along with other officials of the Bangladesh Shipping Corporation and another collusively made a deal and that the appellant in particular by abusing his power and position helped them in the transaction and thereby caused a lo...... purchase of ships (Criminal Misc. Case No. 507/91). In the other case relating to the release of an abandoned property (Criminal Misc. Case No. 506/91), it has been held that the case is now at an investigation stage and it is very difficult at this stage to believe that there is no reasonable g..Category: Constitutional Law | Date: | Hits: 150
....nance for recovery of possession of the disputed land was not attracted and the notices were thus illegal and without lawful authority.
5. The above sums up the core of controversy between the parties, the details of which are strewn in the lengthy assertion and counter‑assertion of the myr......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
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....urt has committed no palpable or glaring error of law by holding so. He submits that section 53A can be fully invoked by the defendant because it is the concurrent finding of the Courts below that in part performance of the contract dated 30.12.72 the defendant took possession of the suit land. 1...... 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)
....treatment in Dhaka and that no such incident as alleged by the prosecution took place at the relevant time and place. He did not deny the death of Idris Fakir but alleged that it was Idris Fakir's party, variously armed, who had raided the house of Badsha Mia in the course of which Badsha Mia's ......ther. When Idris Fakir protested, accused Siddique Munshi struck him with a Sokki right at his chest, as a result of which, he fell down and died instantaneously in the paddy field. In due course, investigation was held and the accused along with eight others was put on trial on a charge of murd..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)
....red to above. The lessee rejected these objections and stuck to its assessment contending that for the exemption, as claimed, a "certificate" from a gazetted officer of the appellants' Department that the property is government property and that "it is intended for use for officia......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
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....ed in Civil Revision No. 308 of 1985 affirming the judgment and decree of the lower appellate Court whereby the judgment and decree of the trial Court was reversed arising out of a suit for simple partition. 2. The case, of the plaintiffs, inter alia, was that Jinnat Ali, predecesso......, 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. ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ese material findings, the suit was dismissed. 8. The lower appellate Court also found that there was no sale certificate and writ of delivery of possession and that Ext. 8 did not show any particulars so as to connect it with the suit land. The rate of rent of the suit khatian also did n......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. ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ave by defendant Nos. 1 and 2 is from the first appellate judgment and decree dated 23‑8‑88 passed by the High Court Division, Barisal Bench in First Appeal No. 123 of 1980 allowing the appeal in part and modifying the decree dated 29‑4‑90 in Title No. 90 of 1972 passed by the learned Subord......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
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
.... Division, Rangpur Bench in FA No. 140 of 1976) Judgment: ATM. Afzal J: Plaintiff‑appellant brought a suit for partition, No, 39 of 1968, in the Court of Subordinate Judge, Bogra which was dismissed and on appe......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)
....mited period at least giving a chance for the conclusion of the civil suit. Mr. Ahmed also submitted that the High Court Division was not right in holding that the pronouncement of Judgment was not a part of the trial, that section 344 Cr.P.C. was not attracted in the facts of the present case, that......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
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....dits of account, nor the books of accounts and other supporting papers were produced before the Deputy Commissioner of Taxes, Companies Circle III, Chittagong, in spite of the requisition by the department. The assessee's explanation was that they did not receive the revised audit report from th...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....েলিফোনে এ কথাবার্তা বলেন।" If the statements quoted above are read as a whole then it clearly conveys that the complainant was induced by the accused to part with Taka six lacs between 1987‑88 on the false assurance of the accused that be would give s......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)
....or non‑filing of the documents at the time of filing of the plaint has not been shown by the plaintiff in this case. As a matter of fact, no malafide or ill motive could be attributed on the part of the plaintiff in not filling those documents. 8. Now remains the precise question fo......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)
....unal The power to create an appellate forum can be found from the proviso to Article 117(2) of the Constitution and the Supreme Court was not the only appellate forum intended to be established by part VI of the Constitution. The Appellate Tribunal was validly established under the said proviso t...... 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
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....s of Pakistan National Oils Ltd., that its shares are held by three persons, majority of which are in the name of Bangladesh Petroleum Corporation. Jamuna Oil Co. Ltd. has a distinct legal entity apart from the Bangladesh Petroleum Corporation and this legal position has been affirmed by this Co......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
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