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Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....not be taken against them for returning the documents without examination. 13. For adducing further evidence, particularly for formal proof of the documents, a retrial was prayed for by the State, but it was refused by the High Court Division on the ground that three Civil Suits namely, O......llate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Nagendra Chandra Sarkar.............. Complainant-Appellant Vs. Aftabuddin and others........................Respondents Judgment Jun......haukat Ali Khan, Senior Advocate, (Gour Gopal Saha, Advocate with him) instructed by A Basel Majumder, Advocate-on-Record-For the Appellant. Abdul Malek, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent Nos. 1-9 and 11-13. Criminal Appeal N......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
.... MR Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sree Monju Kumar Saha & others .....................Petitioners (In Jail) Vs. State ……………………………&helli...... Present: MR Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sree Monju Kumar Saha & others .....................Petitioners (In Jail) Vs. State …………………………&he......ip;……………………Respondent Judgment July 25th, 1991. Lawyers Involved: Alimuzzaman Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioners. EX parte – Respondent. ......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)
....rnment of Bangladesh, Dhaka and anr...............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 (S......nt (In Civil Appeal No. 4 of 1992) Ahsanullah………………………………………………………………………………….Petitioner (In Civil Petition No. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & ......53(SC) 375. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate and Syed Ishtiaq Ahmed, Senior Advocate, Supreme Court, (Zakir Ahmed, Advocate, Supreme Court, with them) instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellant (In Civil Appeal No. 3 of 1992) M A...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......nt: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sonali Bank .........................................................Plaintiff-Appellant Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judg...... March 30th 1992. Lawyers Involved: Moksumul Hakim, Senior Advocate, instructed by B Hossain, Advocate-on-Record-For the Appellant. Fazlul Karim, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. Not Represented ‑Respo......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
.... Office were forged. The view taken by the learned Judge cannot be said to be illegal or perverse. There is no compelling reason to interfere with the impugned order of acquittal, more so, when the State has not felt aggrieved by the said order. The petition is dismissed. However ac......p; Mustafa Kamal J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents &nb...... Judgment April 29th 1992. Lawyers Involved: Fazlul Karim, Senior Advocate, (Md. Azizul Hoque, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record -For the P......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Saleem Ullah .....................................Appellant Vs. The State............................................Respondent Judgment July ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Saleem Ullah .....................................Appellant Vs. The State............................................Respondent Judgme......d Russel of Killowen, CJ in the Queen Vs. Gray (1900) 2 QB 36. Lawyers Involved: 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 Attorn......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. ..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......etion should not be interfered with by this Court, and in support of this contention the learned Counsel has referred to a decision of the Indian Supreme Court in the case of Zila Parishad, Moradabad Vs. M/s Kundan Sugar Mills, Amroha, AIR 1968 SC 98. It is true that if the High Court Division is sa......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
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. ...... 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 of Chittagong ..................Respondent Judgment A...... August 9, 1992. Result: The appeal is allowed in part. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam and Zakir Ahmed, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record -For the Appellant. Khandker Mahbubuddin Ahmed, Senio...... 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)
....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. ...... Qazi Karnal ... .........................................................Appellant [In both the appeals] Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In bot......htiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by M Nawab Ali, Advocate-on-Record - For the Appellant in both the cases. A J Mohammad Ali, Advocate instructed by Md. SaJadul Huq, Advocate-on-Record - For respondent Nos. 1‑3 in CA No. 7 of 1992. Ex ......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)
....Supreme Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh............. Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh................... Appellant. Vs. Montu alias Nazrul Haque & others.........................................................harifuddin Chaklader, Advocate-on-Records for MR Khan, Advocate-on-Record-For the Appellant (in Criminal Appeal No. 2 of 1989). SS Halder, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 to 4 (in Criminal Appeal No. 2......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. ..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sharifa Khatun @ Sharbat Banu and others…………Appellants. Vs. Md. Yusuf and others.......................................Respondents Judgment April 1......ion (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sharifa Khatun @ Sharbat Banu and others…………Appellants. Vs. Md. Yusuf and others.......................................Respondents Judgment April 19th, 19......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ..Category: Tenancy Law | Date: | Hits: 90
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......n Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sheikh Ibrahim & others……………Petitioners Vs. Nazma Begum......................Respondent Judgment August 16th, 1992. ......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ..Category: Others | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
.... 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. ......esent: 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 ...... 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 Judg...... 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. ..Category: Employment/Service Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....on No. 1143 of 1980 reversing the judgment of the lower appellate Court which in turn set aside the judgment of the trial Court arising out of a pre‑emption proceeding under section 96 of the State Acquisition and Tenancy Act. 2. Pre‑emptor's case is that he is a co‑shar...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Abdur Rashid ........ ...... Pre-emptors-Appellant Vs. Momtaz Ali Karikar and others………………….. ...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....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. ...... (Civil) Present: Shahabuddin 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 M......ts Judgment March 19th, 1992. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Supreme Court, (Mahbubey Alam, Advocate, Supreme Court, with him), instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. Khalilur Rahman......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)
....ision (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Rafiqul Islam ...............Appellant Vs. State ..............Respondent Judgment April 15th, 1992. Cases Referred to- ......ellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Rafiqul Islam ...............Appellant Vs. State ..............Respondent Judgment April 15th, 1992. Cases Referr...... Khem Karan Vs. State of UP AIR 1974 SC 1567; Dharam Pal Vs. State of UP AIR 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‑Ge......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)
....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. ......in Ahmed CJ MH Rahman J Mustafa Karnal J Latifur Rahman J Managing Director, Rupali Bank Limited and others…………….Appellants Vs. Tafazal Hossain and others.............................................Respondents ......s provision in the Standing Orders Act excluding the civil Court's jurisdiction over the matters of workers' service conditions. Both these decisions were dissented from, by another Single Bench in Md. Shahabuddin Vs. Janata Bank, 41 DLR, 94. In that case, the learned Single Judge, after referri......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)
....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. ...... Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Sonali Bank and others ......................................Appellants Vs. Gazi Abdur Rashid and others ............................Respondents ......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....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. ......ion (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Subash Chandra Halder & another.................Plaintiff-Appellants Vs. Abdul Bari & others ..................Defendant-Respondents Judgment April 12, 1992......party is necessary within the meaning of Order 1 rule 10(2) CPC or for the ends of justice............(8) Lawyers Involved: TH Khan, Senior Advocate, (SK Sinha, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record -For the Appellants. Dr. Rafiqur Rahman, Senior Advocate in......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
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Manik Chand Bibi alias Rezian Nahar and another.........................Appellant Vs. Abdul Mutakabbir Chowdhury alias Sufi Mia Chowdhury……………….Respondents Judgment......Appellant Vs. Abdul Mutakabbir Chowdhury alias Sufi Mia Chowdhury……………….Respondents Judgment December 3rd, 1991 Lawyers Involved: TH Khan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. M Nowab Ali, Advocate-on-Record - For...... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 175
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