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

....llah, Senior Advocate and Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. AW Bhuiyan, Additional Attorney‑General (B Hossain, Deputy Attorney‑General and Sharifuddin Chaklader, Assistant Attorney‑General with him) instruct......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: ......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Engineers Ltd...............Appellant Vs. Director, Military Lands and Cantonment Directo­rate, Ministry of Defence, Dhaka Cantonment and others……………â€......ior Advocate (M Nurullah, Senior Advocate and Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. AW Bhuiyan, Additional Attorney‑General (B Hossain, Deputy Attorney‑General and Sharifuddin Chaklader, Assistant Attorney‑Genera..

Category: Property Law | Date: | Hits: 68

State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)

.... 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. ...... 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. ......tifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......................Petitioner.  Vs Abdul Mannan @ A Mannan and others..................................................Respondents Judgment Novembe...... Abdul Mannan @ A Mannan and others..................................................Respondents Judgment November 3, 1991 Lawyers Involved: AW Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate‑on‑Record‑ For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 92

Siddique Munshi Vs. The State, 1992, 21 CLC (AD)

..... Lawyers Involved: Serajul Huq, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate­‑on‑Record ‑For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Mvi. Md. Wahidulla,  Advocate-­on‑Record......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. ...... Vs. The State .........................Respondent Judgment October 24th, 1991. Cases Referred To: Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. State 13 DLR 414 and Sadik Vs. State (1971) PLD (SC) 713. Lawyers Involved: Serajul Huq, Senior Advoc......ved: Serajul Huq, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate­‑on‑Record ‑For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Mvi. Md. Wahidulla,  Advocate-­on‑Record ‑ For the Respo..

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)

....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. ......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. ......Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Latifur Rahman J Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others .......... Appellants.  Vs. M/s. MF Limited, a Private company limite......ndent Judgment February 10th, 1992. Case Referred to- Pratap Singh vs. Krishna Gupta AIR 1966 SC 140. Lawyers Involved: AW Bhuiyan, Additional Attorney‑General, instructed by Md. Sajjadul Huq, Advocate –on ‑Record -For the Appellants. ..

Category: Fiscal/Taxation Law | Date: | Hits: 92

Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)

....volved: Md. Monsur Ali, Advocate, (appeared with the leave of the Court) instructed by M Nowab Ali, Advocate‑on‑Record ‑For the Appellant. Shamsul Alam, Deputy Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑on­Record R......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. ......minal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Madar Chandra Basu................Appellant Vs. The State .............Respondent.......d. Monsur Ali, Advocate, (appeared with the leave of the Court) instructed by M Nowab Ali, Advocate‑on‑Record ‑For the Appellant. Shamsul Alam, Deputy Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑on­Record ‑For the Respondent...

Category: Criminal Law | Date: | Hits: 79

Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)

....e, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on­Record ‑For the Petitioner. Aminul Huq, Attorney‑General (Abdul Wadud Bhuiyan, Additional Attorney‑General, AF Hasan Arif, Deputy Attorney‑General, M Shamsul Alam, Deputy Attorney‑General, B Hossain, Deputy Attorney‑ ......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: ...... Deputy Attorney‑ General with him) instructed by Sharifuddin Chakladar, Advocate‑on‑Record ‑For the Respondent. Criminal Petition for Leave to Appeal No. 8 of 1992. (From the Judgment and Order dated 21.1.1992 passed by the High Court Division, Dhaka in Criminal Revision No. 120 of 1...... Judgment January 30, 1992 Lawyers Involved: Moudud Ahmed, Advocate, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on­Record ‑For the Petitioner. Aminul Huq, Attorney‑General (Abdul Wadud Bhuiyan, Additional Attorney‑General, AF Hasan Arif, Deputy Attorney‑Genera..

Category: Anti-Corruption Laws | Date: | Hits: 88

Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)

....n support of the revised return neither the statement of accounts, nor the statement of debits and credits 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 ...... 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. ......n, Senior Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate‑on‑Record‑ For the Respondent. Civil Appeal No. 31 of 1988 (From the Judgment and order dated 28.4.85 and 29.4.85 passed by the High Court Division, Chittagong Bench in Applica...... 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)

.... 1991. Result: The appeal is dismissed. Lawyers Involved: Rokonuddin Mahmood, Advocate, instructed by Shamsul Huq Siddique, Advocate‑on‑Record- ­For the Appellant. M Shamsul Alam, Deputy Attorney General, instructed by SU Chaklader, Advocate‑on‑Record ‑ For the State (Respo......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. ......t Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J SA Sultan ............................Accused‑Appellant Vs. The State and another................Respondents Judgment November 20, 1991. Result: The appeal is......: The appeal is dismissed. Lawyers Involved: Rokonuddin Mahmood, Advocate, instructed by Shamsul Huq Siddique, Advocate‑on‑Record- ­For the Appellant. M Shamsul Alam, Deputy Attorney General, instructed by SU Chaklader, Advocate‑on‑Record ‑ For the State (Respondent No. 1). ..

Category: Criminal Law | Date: | Hits: 64

Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

.... 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. ...... 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. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmul Hasan and others ...........……………(40,91) Cases Referred to- AKM Ruhul Amin Vs. District Judge 38 DLR (AD) 172; Waterside Workers' Federation of Australia Vs. Alexander Limited (1918) 25 CLR 434; The Attorney‑General of the Commonwealth of Australia Vs. Reginam and the Boilermakers' Society of Australia and ..

Category: Administrative Law | Date: | Hits: 203

Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)

.... Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nowab Ali, Advocate‑on‑Record ‑For the Petitioner. AW Bhuiyan, Additional Attorney‑General, (M/s. B Hossain, Deputy Attorney‑General and Sharifuddin Chaklader, Assistant Attorney‑General, with him...... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... Dr. Ahmed Hussain ..................Petitioner.                     Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992 Lawyers Invol...... Lawyers Involved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nowab Ali, Advocate‑on‑Record ‑For the Petitioner. AW Bhuiyan, Additional Attorney‑General, (M/s. B Hossain, Deputy Attorney‑General and Sharifuddin Chaklader, Assistant Attorn..

Category: Constitutional Law | Date: | Hits: 191

Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)

....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. ......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. ...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jamuna Oil Company Limited and another................Appellants Vs. SK Dey and another................................ and the cases of Managing Director, Janata Bank Vs. Hafizuddin Ahmed, 29 DLR (SC) 39, ASA Noor Vs. Registrar, Joint Stock Companies, Dhaka, 1 BCR 1981 (AD) 142 and Mosharrqf Hussain Chowdhury Vs. General Manager, Titas Gas Transmission and Distribution Company Limited, 33 DLR (AD) 186, the tria..

Category: Employment/Service Law | Date: | Hits: 89

Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)

................................................................Respondents Judgment August 7, 1991. Lawyers Involved: AW Bhuiyan, Additional Attorney ‑General, (B Hossain, Deputy Attorney‑ General, with him), instructed by Md. Ayub, Advocate on Record ‑ For ......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......ellip;……………………………………………………Appellant  Vs. Chand Mia and others ..............................................................Respondents J......nd Mia and others ..............................................................Respondents Judgment August 7, 1991. Lawyers Involved: AW Bhuiyan, Additional Attorney ‑General, (B Hossain, Deputy Attorney‑ General, with him), instructed by Md. Ayub, Advocate o..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)

....ppellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh represented by the Deputy Commissioner, Bakerganj ..............Appellants.       ......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ...... Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgment August 7, 1991 Cases Referred to- Abdul Gafur Sardar and ors. Vs. Wazedali Talukder and another, 19 DLR 33 (37); Mt. Goday Koowur Vs. Mt. Ladoo, 13 Moo......Banerjee and others, AIR 1977 Cal. 509 & Sanjukta Chatterjee Vs. Mrinmoy Chatterjee and others, 84 CWH (1979‑80) 688. Lawyers Involved: Salehuzzaman, Deputy Attorney‑General, instructed by B Hossain, Advocate‑on‑Record‑For the Appellant. Mv..

Category: Others | Date: | Hits: 178

Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)

....ed by Md. Sajjadul Huq, Advocate‑on‑Record ‑‑ For the Appellant. Nurul Huq, Advocate‑on‑Record ‑ For the Respondent No.1. Shahabuddin Ahmad, Deputy Attorney‑General, instructed by Sharifuddin Chaklader Advocate‑on ‑Record&#......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......t Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sahera Khatun and another............................Defendant‑Appellant. Vs. Anwara Khatun an......, Advocate‑on‑Record ‑‑ For the Appellant. Nurul Huq, Advocate‑on‑Record ‑ For the Respondent No.1. Shahabuddin Ahmad, Deputy Attorney‑General, instructed by Sharifuddin Chaklader Advocate‑on ‑Record‑ Respondent Nos...

Category: Property Law | Date: | Hits: 58

Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)

....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......preme Court Appellate Division (Civil) Present: H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh....................Appellant. Vs. Anis and Co. and others....................Respondents (In Civil Appeal No. 22 of 1991) Abu Taleb alia......s Vs. Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney­ General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (In Civil ..

Category: Business or Commercial Law | Date: | Hits: 130

Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)

...................................Respondent Judgment July 9, 1991 Lawyer Involved: Md. Aftab Hossain, Advocate‑on‑Record-For the Appellants. B. Hossain, Deputy Attorney‑General (Sharifuddin Chaklader, Assistant Attorney ‑General, with him) ......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ...... Ed. ...............Respondent Judgment July 9, 1991 Lawyer Involved: Md. Aftab Hossain, Advocate‑on‑Record-For the Appellants. B. Hossain, Deputy Attorney‑General (Sharifuddin Chaklader, Assistant Attorney ‑General, with him) instructed by Md. Wahi..

Category: Criminal Law | Date: | Hits: 60

Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)

....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pubali Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991.  Cases Referred to- ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..

Category: Labour and Industrial Law | Date: | Hits: 103

Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)

....he Martial Law Regulations 1975. The Government filed two memoranda, marked as Annexure 1 & 2 to the Affidavit‑in‑Opposition. Annexure 1 is an order dated 9th February, 1991 of the Deputy Secretary (Security) of the Ministry of Home Affairs, copy of which was forwarded to the jai......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ...... Latifur Rahman J                 Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents       &n......erred to- Howard Vs. Bodington (1877) 2 PD 203(211); 1981 All LJ 197 (DB); In re Peerless (1841) I QB 143; Re Elmy (1834) IA & E 843; Taylor Vs. Taylor, (1876) 1 Ch. 426; RV Post Master General ex parte Carmichael [1928] I KB 291; RV Mount (1875) LR 6 PC 283; RV Governor of Lewes Pris..

Category: Constitutional Law | Date: | Hits: 365

Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)

....tober 30, 1991 Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah Advocate, with him) instructed by Md. Aftab‑Hossain, Advocate‑on ‑Record ‑ For the Petitioners. B Hossain, Deputy Attorney‑General instructed by SU Chaklader, Advocate‑or‑Record ‑ For the Respondents......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Ali & others…………………………………………..Plaintiff‑Petitioners. Vs. Circle Officer, (Revenue) Dhaka and others ..........…Defendants‑Respondents Judgment October 30, 1991 Lawyers Invol...... Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah Advocate, with him) instructed by Md. Aftab‑Hossain, Advocate‑on ‑Record ‑ For the Petitioners. B Hossain, Deputy Attorney‑General instructed by SU Chaklader, Advocate‑or‑Record ‑ For the Respondents. Civil Petitio..

Category: Limitation Law | Date: | Hits: 185

Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)

.... March 28, 1991 Lawyers Involved: Khondker Mahbub Hossain, Senior Advocate, instructed by M Nowab Ali Advocate‑ on ‑ Record-­For the Appellants. B Hossain, Deputy Attorney General, instructed by Md Wahidullah, Advocate‑on‑Record -For the Respo......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......Ed. ......91 Lawyers Involved: Khondker Mahbub Hossain, Senior Advocate, instructed by M Nowab Ali Advocate‑ on ‑ Record-­For the Appellants. B Hossain, Deputy Attorney General, instructed by Md Wahidullah, Advocate‑on‑Record -For the Respondent. Cr..

Category: Criminal Law | Date: | Hits: 68