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Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....Khondker Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Ozair Farooq, Advocate-on-Record-For the Respondent. Civil Appeal No. 6 of 1990 (From the judgment and order dated 6th June, 1988 passed by the High Court Division, Dhaka, in Writ Petition No. 111 of 1985). ......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
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....the Appellant. Shafique Ahmed, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Civil Appeal No. 61 of 1986 (From the Judgment and Decree dated 16.1.85 passed by the High Court Division, Chittagong Bench, in Second Appeal No. 703 of 196......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)
....lants. Dr. Rafiqur Rahman, Senior Advocate instructed by Seraiur Rahman, Advocate‑on‑Record‑ For the Respondents. Civil Appeal No. 49 of 1989 (From the Judgment and Decree dated 23.8.88 passed by the High Court Division, Barisal Bench in First Appeal No. 123 of 1980). ......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
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....orney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑onRecord ‑For the Respondent. Criminal Appeal No. 2 of 1992. (From the judgment and order dated 25th November, 1991 passed by the High Court Division in Criminal Revision No. 3469 of 1991)......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. ..Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
.... Not Represented ‑ Respondent Nos. 1, 2, 3(a), 4‑10,12‑21, 22(a)‑22(i) and 23‑33. Civil Appeal No. 76 of 1985 (From the Judgement and Order dated 29.2.1984 passed by the High Court Division, Rangpur Bench in FA No. 140 of 1976) ......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)
....torney‑ 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 1992). J......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
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....Md. Wahidullah, Advocate‑on‑Record For the Respondent No.1. Ex‑parte ‑ Respondent Nos. 2.15. Civil Appeal No. 69 of 1986 (From the Judgment and order dated 25th May, 1986 passed by the High Court Division, Circuit Bench, Jessore in Civil Revision N......ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 106
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....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 Application No. 4...... 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)
....ondent No. 1). Sirajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondent No. 2. Criminal Appeal No. 16 of 1991 (From the Judgment and order dated 13th May, 1991 passed by the High Court Division in Criminal Revision No. 936 of 1990. Judg......ations as made in the petition of complaint any prima facie criminal offence has been made out or the allegations, if any, come within the purview of civil liability, on the view that it amounts to a breach of contract. 4. From a perusal of the petition of complaint, we are to see whether the ing..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....Fazlul Huq, Advocate with him), Instructed by Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For the Respondent. Civil Appeal No. 44 of 1991 (From the Judgment and order dated 5th August, 1991 passed by the High Court Division, Dhaka Civil Order No. 2240 of 1991). ......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)
....espondent Nos. 3 (In Civil Appeal No. 4 of 1991). Not Represented ‑Respondent Nos. 1, 2, 4 to 12 (In Civil Appeal No. 4 of 1991). Civil Appeal No. 35 of 1987 (From the judgment and order dated 17th June, 1987 passed by the High Court Division in Writ Petition No. 240 of 1987) Civil ...... 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
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
....h him), instructed by Mvi. Md. Wahidullah, Advocate‑ on‑ Record ‑For the Respondents. Civil Petition for leave to appeal No. 49 of 1992 (From the judgment and order dated 28th November, 1991 passed by the High Court Division, Dhaka in Writ Petition No. 2306 of 199...... 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. ..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....ed Ishtiaq Ahmed, Senior Advocate instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For Respondent No. 2 Civil Appeal No. 11 of 1991 (From the Judgment and order dated 30, 10.90 passed by the High Court Division, Dhaka in Civil Order No. 1985 of 1990). ......23. In his book on Judicial Review of Administrative Action, SA DE Smith (Third Edition, 1973) says as follows at page 172: "In a large majority of the reported cases where breach of the audi alteram partem rule has been alleged, no notice whatsoever of the action taken ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ain, Advocate‑on‑Record ‑ For the Respondents 1‑ 4. Ex‑parte ‑ Respondents 5‑28. Civil Appeal No. 37 of 1987 (From the Judgment and Decree dated 6th November, 1985 passed by the High Court Division, Sylhet Bench in Second Appeal No. 1449......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....d-For the Respondents 1(c) & 1(d). Not represented ‑Respondent Nos. 1(a) to 1 (b), 1(c) to 1(I) and 2. Civil Appeal No. 4 of 1986 (From the judgment and decree dated 15th July, 1985 passed by the High Court Division, Barisal Bench in Second Appeal No. 295 of ......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. ..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....er Advocate‑on ‑Record‑ Respondent Nos. 7‑9. Not Represented ‑Respondent Nos. 2‑6. Civil Appeal No. 96 of 1990 (From the Judgment and Order dated 16.8.90 passed by the High Court Division, Dhaka in Civil Revision No. 837 of 1985). ......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. ..Category: Property Law | Date: | Hits: 58
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....r Advocate instructed by Sharifuddin Chaklader, Advocate‑on-Record‑ For the Respondent No.1. Ex‑Parte‑ Respondent No. 2 to 7. Civil Appeal No. 63 of 1986 (From the Judgment and Order dated 17.3.1985 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 895 of 1......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ondent No. 4 (In Civil Appeal No. 23 of 1991) Not represented ‑ Respondent Nos. 2‑3. (In Civil Appeal No. 23 of 1991) Civil Appeal Nos. 22 & 23 of 1991. (From the Judgment and order dated 11.02.91 passed by the High Court Division, Dhaka in Writ Petition No. 6 of 1991.) Judgment......d assessed under section 80 has paid the Import duty and other charges, if any in respect of the same, the appropriate officer, if he is satisfied that the import of the goods is not prohibited or in breach of any restrictions or conditions applying to the import of such goods, may make an order for..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....l Appeal No. 52 of 1989) Alimuzzaman Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For Respondent No. 2 (In Civil Appeal No. 53 of 1989) Substituted vide order dated 24.10.89 who are already on record ‑ Respondent No. 5 (in CA No‑52/1989) Substituted vi......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... Abdur Rashid, Advocate, instructed by Shamsul Hoque Siddique, Advocate‑on ‑Record ‑ For the Respondents. Criminal Appeal No. 4 of 1990 (From the Judgment and Order dated 27.6.1989 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 44 of 1987) ......said to have been executed in 1977. The report further said that the parties were close relations, that the second party men were of troublesome and violent nature and that there was likelihood of breach of the peace and of murder over the dispute between them. 3. The learned Upazila Mag..Category: Criminal Law | Date: | Hits: 53
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