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Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....for one month more. 2. Against that order of conviction they filed an appeal, Criminal Appeal No. 410 of 1991, before the High Court Division. On their application a Rule was issued upon the Deputy Commissioner, Gaibandha, to show cause as to why they should not be enlarged on bail till th......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioners. EX parte – Respondent. Criminal Petition for Leave to Appeal No. 45 of 1991. (From the judgment and order dated 13.6.91 passed by the High Court Division, Dhaka, in Criminal Appeal No. 410 of 19......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ..Category: Criminal Law | Date: | Hits: 50
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....hava was up‑graded and made a Corporation, Dhaka Municipal Corporation, under Act No. 56 of 1974 with effect from 29 July, 1974. It provided for 72 Ward Commissioners, all elected one Mayor and one Deputy Mayor, to be elected by these Ward Commissioners from among themselves. 18. The Consti..............Respondents (In all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 664); Comptroller and Auditor General vs. Jagannath, AIR 1987 (SC) 537, Mukesh vs. State of Madhyapradesh,......o. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-operative, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases ......all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 664); Comptroller and Auditor General vs. Jagannath, AIR 1987 (SC) 537, Mukesh vs. State of Madhyapradesh, AIR 1985 (SC) 1363; Lax..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....volved: TH Khan, Senior Advocate, (MI Farooqui, MA Wahab Miah, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Shamsul Alam, Deputy Attorney- General, (Sharifuddin Chaklader, Assistant Attorney-General with him) instructed b......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......din Chaklader, Assistant Attorney-General with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1989. (From the judgment and order dated 30th April, 1989 passed by the High Court Division in Criminal Contempt Case No. 3........................................Respondent Judgment July 23rd, 1992 Cases Referred to- Andre Paul Terence Ambard Tobago Vs. The Attorney‑General of Trinidad AIR 1936 (PC) 141; MA Awal Vs. Ehtesham Hyder, 28 DLR (HD) 285; Ilkley Local Bo..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Eunus and Brothers (Pvt) Ltd. ........................Appellant. Vs. Registrar, University o...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....spondent No. 4 submitted an application dated 3.9.85 to the Estates Officer, former DIT, praying for permission for transfer of the said plot to the appellant with building constructed thereon. The Deputy Director (Estates) DIT by a letter dated 29.12.85 agreed to consider the prayer for permissi......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. .........................................Appellant [In both the appeals] Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment Au......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....to- Mahbub Shah Vs. Emperor AIR 1945 PC 118; Pandurang Vs. State of Hyderabad AIR 1955 SC 216 & Abdur Rahim Mondal Vs. State 39 DLR (AD) 246. Lawyers Involved: B. Hossain, Deputy Attorney‑ General, instructed by Sharifuddin Chaklader, Advocate-on-Records for M......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......p;……………………..Petitioner. Vs. Montu @ Nazmul Huq and others……………………………&h......Vs. Emperor AIR 1945 PC 118; Pandurang Vs. State of Hyderabad AIR 1955 SC 216 & Abdur Rahim Mondal Vs. State 39 DLR (AD) 246. Lawyers Involved: B. Hossain, Deputy Attorney‑ General, instructed by Sharifuddin Chaklader, Advocate-on-Records for MR Khan, Advocate-on-Rec..Category: Criminal Law | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....rder after it was struck down by the High Court Division will have no effect. The appeal is dismissed……..(7,11) Cases Referred to- Rayarappan Vs. Madhavi Amma AIR 1950 FC 140; Lekhraj Vs. Deputy Custodian, Bombay AIR 1966 SC 334 (366); M/s. Heckett Engineering Co. Vs. Their Workmen AIR 1...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Freedom Fighters Welfare Trust and another.....................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 Clauses Act ,1897 (Act X of 1897), Section 6 When the impugned order of termination fro..Category: Employment/Service Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant had challenged an order of the Bangladesh Jute Mills Corporation, briefly the BJMC, dated 16 January, 1990 reducing him in rank i.e. demoting him from the Post of Manager to that of Deputy Manager of People's Jute Mills at Khulna on grounds of misconduct. Leave was granted by us t......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. ...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment March 19th, 1992. Lawyers Involved: ......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)
....R 1975 SC 1917 (1921 &1922); AIR 1978 SC 1233. Lawyers Involved: Rabeya Bhuiyan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. B Hossain, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate-on-Record- for the Responde......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. ......Appellant. 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......&1922); AIR 1978 SC 1233. Lawyers Involved: Rabeya Bhuiyan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. B Hossain, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate-on-Record- for the Respondent. Criminal A..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....ction 115 has undergone a radical change. The question of jurisdiction is not being replaced by error of law occasioning failure of justice...........” 3. Mr. Hasan Arif, learned Deputy Attorney General appearing for the appellants, has assailed this view of the learned S......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. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Karnal J Latifur Rahman J Managing Director, Rupali Bank Limited and others…………….Appellants Vs. Tafazal Hossain and ......e a radical change. The question of jurisdiction is not being replaced by error of law occasioning failure of justice...........” 3. Mr. Hasan Arif, learned Deputy Attorney General appearing for the appellants, has assailed this view of the learned Single Judge as totally..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....rtain immunities. A consignment of 3,250 metric tons of salt worth US $ 81,250 arrived from India on 6.9.77 at Chalna. By letter dated 10.9.77, Ext. E, the plaintiff requested defendant No. 2, the Deputy General Manager of Sonali Bank's Local office at Dhaka, to send the shipping documents to th......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......eme Court Appellate Division (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Sonali Bank and others ......................................Appellants Vs. Gazi Abdu......mmunities. A consignment of 3,250 metric tons of salt worth US $ 81,250 arrived from India on 6.9.77 at Chalna. By letter dated 10.9.77, Ext. E, the plaintiff requested defendant No. 2, the Deputy General Manager of Sonali Bank's Local office at Dhaka, to send the shipping documents to the Bank'..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....had obtained possession thereof on 24.6.61. The appellants filed an application before the certificate officer on 16.3.61 for setting aside the sale which was dismissed and in revision the additional Deputy Commissioner (Revenue) also dismissed the same. Defendant No. 3 also contended that Rajeshwar......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. ...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha Begum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others……......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
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
.... March 8th, 1992. Lawyers Involved: Rokunuddin Mahmud, Advocate (Mr. Tamizul Haque, Advocate with him), instructed by Md. Aftab Hussain, Advocate-On-Record-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-Record-For the Respondent......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. ......rd-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-Record-For the Respondent. Criminal Appeal No. 20 of 1991 (From the Judgment and order dated 18.7.91 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 508 of 1...... Lawyers Involved: Rokunuddin Mahmud, Advocate (Mr. Tamizul Haque, Advocate with him), instructed by Md. Aftab Hussain, Advocate-On-Record-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-Record-For the Respondent. Criminal Appe..Category: Anti-Corruption Laws | Date: | Hits: 92
....rdingly.
The appeal is disposed of in the aforesaid terms.
Ed.......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed.......)
Present:
MH Rahman J
ATM Afzal J
Latifur Rahman J
Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail, Dhaka ...... ......Appellant.
Vs.
Tahera Nargis Syed and another............... Respondents
Judgment
July 28, 1991
Result:
The unconditional ......ppeal is disposed of in the aforesaid terms.
Ed...
Category: Criminal Law | Date: | Hits: 88
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....aksumul Hakim, Senior Advocate, Supreme Court (Abdul Hamid, Advocate Supreme, Court with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. B. Hossain, Deputy Attorney‑General instructed by Zinnur Ahmed, Advocate-on-Record-For the Respondent No.......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. ......in Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Hamid Mollah................... Complainant-Appellant Vs. Ali Mollah and another…………………... Accused-Respondents Ju...... Advocate, Supreme Court (Abdul Hamid, Advocate Supreme, Court with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. B. Hossain, Deputy Attorney‑General instructed by Zinnur Ahmed, Advocate-on-Record-For the Respondent No. 2 (State). Cri..Category: Criminal Law | Date: | Hits: 51
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. ......tafa Kamal J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh ......... ......Appellant Vs. Divisional Special Judge, Khulna Division and anr...........Respondents Judgement May 3rd, 1992. Lawyers Involved: ...... Vs. Divisional Special Judge, Khulna Division and anr...........Respondents Judgement May 3rd, 1992. Lawyers Involved: A. Wadud Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate‑on- Record-For the Appellant Ex - pa..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
.... Ahmed, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate‑on‑Record‑‑For the Respondent Nos 1‑3 (In CA 100/1990) Shahabuddin Ahmed, Deputy Attorney-General, instructed by Sajjadul Huq, Advocate-on-Record-For the respondent Nos. 4-5......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. ......(Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Bangladesh Chemical Industries Corporation and another……………………………&......dvocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate‑on‑Record‑‑For the Respondent Nos 1‑3 (In CA 100/1990) Shahabuddin Ahmed, Deputy Attorney-General, instructed by Sajjadul Huq, Advocate-on-Record-For the respondent Nos. 4-5 (In CA 100/1990..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... 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. ...... 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. ......; Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice, Bangladesh Secretariat, Dhaka and another .....................Respondent Judgm.........Respondent Judgment March 16th, 1992 Lawyers Involved: Shamsuddin Ahmed, Advocate (appeared in person) ‑ For the Appellant. Aminul Haque, Attorney‑ General, (AW Bhuiyan, Additional Attorney General and Sharifuddin Chaklader, Assistant AttorneyR..Category: Others | Date: | Hits: 92
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ition work. Two days later, on 24 October, 1988 the appellant and other plaintiffs sent another petition to the Sutrapur Police Station, addressing went to his house to arrest him in connection the Deputy Commissioner (South), reiterating what these contempt proceedings and having not found they......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. ...... Fazlur Rahman Molla ...................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice Division and another ………………… Respondent......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)
.... Ministers including the former Vice‑President of the Republic and these facts of delay and likely discrimination were not at all considered by the High Court Division. 8. The learned Deputy Attorney‑General, however, supported the impugned judgments contending that after all ......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. ......cord‑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.......the former Vice‑President of the Republic and these facts of delay and likely discrimination were not at all considered by the High Court Division. 8. The learned Deputy Attorney‑General, however, supported the impugned judgments contending that after all it was within the dis..Category: Constitutional Law | Date: | Hits: 150
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