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Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD

....ate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate‑on­Record ‑ For Respondent Nos. 1 & 2. Civil Appeal No. 20 of 1991. (From the judgment and order dated 27th May, 1990 passed by the High Court Division, Dhaka, in Writ Petition No. 1038 of 1990).......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 67

Rafiqul Islam Vs. State, 1992, 21 CLC (AD)

.... B Hossain, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate-on-Record- for the Respondent. Criminal Appeal No. 16 of 1990. (From the Judgment and order dated 22nd May, 1986 passed by the High Court Division, Comilla Bench in Criminal Appeal No. 213 o......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..

Category: Criminal Law | Date: | Hits: 65

Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)

.... the Appellants. NH Khondkar, Advocate-on-Record-For the Respondent No. 1. Not Represented-Respondent Nos. 2-3. Civil Appeal No. 3 of 1991. From the judgment and order dated 25.2.90 passed by the High Court Division, Dhaka, in Civil Order No. 579 of 1990) Judgm......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)

....Respondent No. 4 in CA No. 68/90. Not Represented - Respondent Nos. 2-5 in CA No. 61/90. Civil Appeal Nos. 61 & 68 of 1990. (From the Judgment and Order dated 25.3.90 passed by the High Court Division, Dhaka in first  Appeal No. 17 and 19 of 198......at Ext. W has no manner of application in the facts and circumstances of the case and that the High Court Division has fully noticed Ext. W. 23. The argument of Mr. Asrarul Hossain on scrutiny does not stand. First, the appellants were not parties to the arbitration agreement. Secon..

Category: Business or Commercial Law | Date: | Hits: 99

Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)

.... Senior Advocate instructed by M Nawab Ali, Advocate-on-Record - for the Respondent No.1. Not Represented – Respondent Nos. 2‑3. Civil Appeal No. 5 of 1992. (From the Judgment and order dated 29th May, 1991 passed by the High Court Division in Civil Revision No. 2049 of 1990). Judgm......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..

Category: Property Law | Date: | Hits: 67

Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)

....vocate, (Dr. Rafiqur Rahman, Senior Advocate with him) instructed by Serajur Rahman, Advocate‑on‑Record‑For the Respondent No. 4. Civil Appeal No. 13 of 1987 (From the Judgment and Order dated 24.11.85 passed by the High Court Division, Barisal Bench in Civil Revision No. 311 of 1981) ......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..

Category: Property Law | Date: | Hits: 82

Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)

....;   Amirul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 32 of 1990. (From the judgment and order dated 20th November, 1990 passed by the High Court Division, Dhaka in Civil Revision Case No, 60 o......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

Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)

....d. Nawab Ali, advocate-on-Record- For the Petitioners. Not Represented -For the Respondent. Criminal Petition for leave to appeal No. 17 of 1992. (From the judgment and order dated 22‑1‑92 passed by the High Court Division, Dhaka, in Criminal Appeal No. 194 of ...... 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

Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)

....209;on‑Record ‑ For the Appellant. M Nawab Ali, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No. 7 of 1988 (From the Judgment and order dated 24th November, 1985 passed by the High Court Division, Rangpur Bench in Civil Revision No. 1......tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ..

Category: Property Law | Date: | Hits: 98

Abul Khair Vs. The State, 1992, 21 CLC (AD)

....i, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the High Court Division in Death Reference No. 1 of 1985 with Criminal Appe......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)

.... Hossain, Deputy Attorney‑General instructed by Zinnur Ahmed, Advocate-on-Record-For the Respondent No. 2 (State). Criminal Appeal No. 21 of 1990. (From the Judgment and Order dated 24 October, 1989 passed by the High Court Division, Dhaka in Criminal Revision No. 90 of 198......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)

....ocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent Nos. 5-6. Contempt Petition No. 1 of 1990. (Application for Contempt of Court arising out of an order dated 25.1.90 passed by this Court in Civil Petition No. 283 of 1989). Judgment: &nbs...... 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)

....eral, 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 order dated 5.8.1986 passed by the High Court Division, Circuit Bench, Jessore, in Criminal Reference No...... 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)

....209;For the Respondent Nos. 34 (In CA 36/1990) Not Represented‑Respondent No. 2 (In CA 36/1991) Civil Appeal Nos. 100 of 1990 and 36 of 1991 (From the Judgment and Order dated 16th August, 1990 passed by the High Court Division, Dhaka In Matter No. 44 of 1988). ......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)

....orney‑General, with him), instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondents. Civil Appeal No. 49 of 1990 (From the judgment and order dated 12.11.1989 passed by the High Court Division, Dhaka, in Writ Petition No. 1270 of 1989). ...... 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

Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)

....im Ali, In person-For the Petitioner. Not Represented – The Respondents. Civil Petition for Leave to appeal No. 149 of 1992 (From the Judgment and order dated 10.5.1990 passed by the Administrative Appellate Tribunal in Appeal No. 35 of 1989). ...... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ..

Category: Administrative Law | Date: | Hits: 123

Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)

....in, Advocate Supreme Court, instructed by Md. Sajjadul Huq, Advocate‑on ‑Record‑‑For the Respondent. Civil Appeal No. 25 of 1990. (From the judgment and order dated 10.3.87 passed by the High Court Division, Dhaka in Writ Petition No. 355 of 1985) Judg......rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 68

Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)

....;For the Appellant. B Hossain, Advocate‑on‑Record‑For the Respondent in both the appeals Criminal Appeal No. 21 & 22 of 1991. (From the Judgment and Order dated 21 August 1991 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 506 and 5......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

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1992, 21 CLC (AD)

....ifuddin Chaklader, Assistant Attorney‑General with him) instructed by AW Mallik, Advocate‑on‑Record­-For the Respondents. Civil Appeal No. 1 of 1992 (From the Judgment and Order dated 27.8.91 passed by the High Court Division in Writ Petition No. 1215 of 1988). Judgment ......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: ..

Category: Property Law | Date: | Hits: 68

Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)

....dismissed. The Registration Act,1908 (Act XVI of 1908),Section 47 The Transfer of Property Act,1882 (Act IV of 1882), Section 53A A sale- deed which is registered will relate back to its own date of execution not of any date of prior bainapatra or a subsequent date of its registration. The ...... 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