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....Respondents
Judgment
March 5, 1992.
Lawyers Involved:
Syed Ishtiaq Ahmed, Senior 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 Attorn......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:
....... from the disputed land.
Ed.
This Case is also Reported in:
......
Appellate Division
(Civil)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment DirectoÂrate, Ministry of Defence, Dhaka Can..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....nd up to the challenge thrown up by the defendant on other grounds. So, the impugned judgment under review need not be disturbed. The appeal is dismissed……….(12,17,18) Lawyers Involved: Md. Nurul Huq, Advocate ‑ For the Appellant. Dr. Kamal Hossain, Senior Advocate, instructed by ...... 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. ......s to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ......upreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafiqul Islam (Md)………………………..Appellant Vs. Mir Abdul Ali................Respondent Judgment December 12, 1991. Result: The a..Category: Property Law | Date: | Hits: 73
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. ......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. ..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
.... 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 Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. M Shamsul ......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. ......, we do not find anything to interfere. The appeal is dismissed. Ed. ......iminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal Latifur Rahman J Siddique Munshi ...................Appellant Vs. The State .........................Respondent Judgment October 24th, 1991. ..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)
.... 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. Khondker Mahbubuddi......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. ......ce in this appeal which is therefore dismissed. No order as to cost. Ed. ......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 limited by shares........................Respondent ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., 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. ......, 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. ...... appeal is allowed without cost. Ed. ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Joynal Abedin and others…………….. Defendant‑Appellants Vs. Mafizur Rahman & others................. Plaintiff‑Respondents ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....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. ......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. ......ority decision the appeal is allowed without any order as to costs. Ed. ......mal J Latifur Rahman J Musa Ali ..................Appellant Vs. Nur Ahmed and others...................Respondents Judgment November 25, 1..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....hers…………………………………….Respondents Judgment January 20, 1992. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Appellants. Dr. Rafiqur Rahman, Senior Advo......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. ......ssed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chanjury Talukder and another .................................Appellants. Vs. Chingneshay Magni and others…………………………………….Respondents ..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....dra Basu................Appellant Vs. The State .............Respondent. Judgment February 17th, 1992. Lawyers Involved: Md. Monsur Ali, Advocate, (appeared with the leave of the Court) instructed by M Nowab Ali, Advoca......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. ......l commencement of the trial. Ed. ......ddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Madar Chandra Basu................Appellant Vs. The State .............Respondent. Judgment February 17t..Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....llah Vs. Ananga Mohan AIR (29) 1942 Calcutta 571. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate Supreme Court with him) instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑For the Appellant. Md. Ozair ......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. ...... In the result, therefore, the appeal is dismissed with cost. Ed. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Jogendra Nath alias Govinda Sarker ..........Plaintiff‑Appellant. Vs. Amulya Chandra Sarker and others ..........Defendant‑Respondents. ..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....ad...............Petitioner Vs. The State ………………………Respondent Judgment January 30, 1992 Lawyers Involved: Moudud Ahmed, Advocate, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑onÂRecord ‑For the Petitioner. Aminul Huq, Attorney‑General (Abdu......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: ......the trial Court on the merit of the case. Ed. This Case is also Reported in: ......ent here. Supreme Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hussain Mohammad Ershad...............Petitioner Vs. The State ………………………Respondent Judgment January 30, 1992 Lawyers In..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....pellant Vs. Aynal Kha and others................Defendant‑Respondents Judgment July 16th, 1991 Lawyers Involved: Abdul Hamid, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. Mvi. Md. Wahidu......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. ...... disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......n (Civil) Present: MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Rupban Bibi..... ....................Plaintiff‑Appellant Vs. Aynal Kha and others................Defendant‑Respondents Judgment Ju..Category: Civil Law | Date: | Hits: 106
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... Commissioner of Income‑Tax, Kerala Vs Malayalam Plantations Ltd. [1964] 53 ITR (SC) 140 (150). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate -on‑Record‑ For the Appellant. Moksudur ...... 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. ...... question referred to is upheld. The appeal is dismissed with costs. Ed. ...... ATM Afzal J Mustafa Kamal J Mackinnon Mackenzie & Company (Pakistan) Ltd.. ..................………………Appellant Vs. Commissioner of Taxes Chittagong (South) Zone, Chittagong ................Responde..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....For the Appellant. M Shamsul Alam, Deputy Attorney General, instructed by SU Chaklader, Advocate‑on‑Record ‑ For the State (Respondent No. 1). Sirajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondent No. 2. Criminal Appeal No. 16 of......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. ...... the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......39. ..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
.... Khandakar Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Appellant. Rafiqul‑Ul‑Huq, Senior Advocate (Md. Fazlul Huq, Advocate with him), Instructed by Mvi. Md. Wahidullah, Advocate‑on ‑Rec......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. ......the result, this appeal is dismissed without any order as to costs. Ed. ......d.......................................Defendant‑Appellant Vs. Banque Indosuez having Its Local Office at 47, Motijheel Commercial Area, Dhaka .........Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... 117 RR 32 at p.41: 11 Moo PC 347 & Attorney‑General for Ontario Vs. Attorney General for Canada, 1921 AC 571 (583). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑onÂRecord‑For the Appellant (In Civil Appeal No. 35 of 1987). A...... 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. ...... I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... Appellate Division (Civil) 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) ..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
....p; Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992 Lawyers Involved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nowab Ali, Advocate‑on‑Record ‑For the Petitioner. AW Bhuiyan, Additi...... 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. ......ovision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... Latifur Rahman J Dr. Ahmed Hussain ..................Petitioner. Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....th him), instructed by Mr. Sharifuddin Chaklader, Advocate‑on‑Record ‑For the Appellants. Asrarul Hossain, Senior Advocate (Shafique Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For Respondent No. 1. Syed Ishtia......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. ......elow. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ...... (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.............................................Respondents Judgmen..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ate and MA Matin Advocate Supreme Court with him) instructed by Sharifuddin Chaklader, Advocate‑ on‑ Record ‑For the Appellant. BK Das, Advocate Supreme Court instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondents 1‑ 4. Ex......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. ...... In the result, therefore, the appeal is dismissed with cost. Ed. ......sent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Sattar ......................Plaintiff‑Appellant Vs. Abdul Rahman @ Abdur Rahman and others .............Defendant‑Respondent Ju..Category: Property Law | Date: | Hits: 62
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 the Appellant. Mahfuzur Rahman, Advocate, Supreme ......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. ......tion. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......;…………………………………………………………Appellant Vs. Chand Mia and others ..............................................................Respond..Category: Property Law | Date: | Hits: 56
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