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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) ...... and not having been made a party to the suit it was bad for defect of party. On such findings the learned Subordinate judge dismissed the suit by judgment dated 26.5.75. 7. As already noticed, the plaintiff’s appeal, F.A. No, 140 of 1978, against the said judgment and decree ......ourt Division, Rangpur Bench in FA No. 140 of 1976) Judgment: ATM. Afzal J: Plaintiff‑appellant brought a suit for partition, No, 39 of 1968, in the Court of Subordinate Judge, Bogra which was dismissed and on ..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......most to the end and there was no time left to pray for stay on the ground of prejudice. It was a case of missed chance. 16. It remains to be finally observed that much of the facts and submissions noticed and discussion made in the impugned judgment were unnecessary and they ought to have been av......ral, M Shamsul Alam, Deputy Attorney‑General, B Hossain, 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 Hi..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. ......he plaintiff is directed against the judgment of the High Court Division, Jessore Bench, passed in Civil Revision No. 249 of 1985 reversing the judgments of the courts below allowing an application for temporary injunction under Order 39 rule 1 of the Code of Civil Procedure. 2. The plaint..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. ......759.00. In 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 requisitio..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......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. ......on Case No. 844'a of 1990, pending in the Court of Chief Metropolitan Magistrate, Dhaka under sections 420 and 406 of the Penal Code. 2. Respondent No. 2 filed a petition of complaint on 19.8.90 before the Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that her husband late Abdul Aziz..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. ...... revisional application after affirming the order passed by the Subordinate Judge, Artha Rin Adalat (3rd Commercial Court), Dhaka in Money Suit No. 99 of 1990. 2. The material fact necessary for disposal of this appeal may be briefly stated as follows: Plaintiff Bank filed a money ..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 ......lving a system that may in future cumulate some of the attribution which are divided between the formal court system and the growing practice of adjudication of disputes by tribunals. 34. We have noticed in Hinds' case, the kinspin in the appellants' citations, how two different views on the int......any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tribunal The power to create an appellate forum can be found from the proviso to Article 117(2) of the Constitution and the Supreme Court was ..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. ......General and Sharifuddin Chaklader, Assistant Attorney‑General, with 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 p..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). ......was a subsidiary of Bangladesh Petroleum Corporation, that the law of master and servant would not apply to the plaintiff, and that the dismissal of the plaintiff from service without a show cause notice as to the proposed punishment was illegal. Hence the suit was decreed. On appeal the learned......affirmance of those of the learned Subordinate Judge, 3rd Court, Dhaka dated 31.10.89 in Title Suit No. 169 of 1984, decreeing the suit. 2. Respondent No. 1 as plaintiff instituted the suit for a declaration that the order of dismissal from service passed by defendant No. 1 Appellant Jamu..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......criminal case against the defendants in which they filed a farog (rent receipt) fraudulently obtained from the shebait of the Gobinda Jieu and the Criminal Case was dismissed. The Shebait served a notice upon the defendants to take refund of the amount paid by them upon returning the rent‑......rrent decree of the courts below and dismissing the plaintiff’s suit, Title Suit No. 89 of 1964. 2. The said suit in the Additional Court of the Assistant Judge, Sylhet Sadar, was one for declaration of title and khas possession in respect of ‑/4/‑ annas share (schedule..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....Advocate, Supreme Court, instructed by Abdul Baset Majumder, Advocate‑on‑record ‑ For the Respondent No. 1. Civil Appeal No. 81 of 1990 (From the judgment and order dated 1.2.90 passed by the High Court Division, Dhaka, in Civil Revision No. 709 of 1988). Jud...... the suit land. The decree was put into execution, Title Execution Case No. 55 of 1984. The appellant came to know of the ex parte decree for the first time on 11 ‑8‑84 on receipt of a notice under section 82 CPC arising out of the said execution case. The appellant as plaintiff file......Respondent No. 1 obtained an ex parte decree on 30‑5‑84 in Title Suit No. 305 of 1983 in the 1st Court of Munsif, Dhaka against the plaintiff‑appellant and respondent Nos. 2 and 3 for specific performance of a contract for sale of the suit land. The decree was put into executio..Category: Property Law | Date: | Hits: 56
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 ......the Bengal Co‑operative Societies Act, 1940, or registered under the Co‑operative Societies Act, 1912[.] The objects of the Act were: "It was brought to the notice of Government that in some areas the land‑holders were selling out or otherwise tra......No. 295 of 1969). Judgment: MH Rahman J: Respondents filed Title suit No. 21 of 1966 for a declaration that the order dated 17th December, 1963 of the Additional Deputy Commissioner (R..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). ...... be said to be invalid or that it is not necessary to decide whether the plaintiff had title to those properties. Notwithstanding the said observations, however, the learned Judge was particular to notice that the lower appellate Court observed that the Mitras were satisfied with the title and p...... in Civil Revision No. 837 of 1985 discharging the Rule and upholding the concurrent decree of the Courts below in Title Suit No. 197 of 1977. 2. Plaintiff‑respondent No. 1 filed the aforesaid suit, originally numbered as Title Suit No. 68 of 1974 in the Third Court of the Subordina..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......of 1977 arising out of TS 48 of 1971. 9. Respondent No. 1 having lost in both the courts in his suit, TS 48 of 1971, took a revision No. 895 of 1979 to the High Court Division in which, as already noticed, the impugned judgment setting aside the concurrent decree of dismissal was passed. From the...... Bench) in Civil Revision No. 895 of 1979 setting aside the concurrent judgment and decree of the Courts below dismissing Title Suit No. 48 of 1971. 2. Plaintiff‑respondent No. 1 instituted the aforesaid suit in the second court of the Assistant Judge, Serajganj for declaration of title to and ..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...... of cement was not restricted. The Customs Collector, however, in the meantime put the said cement to auction sale under section 82 of the Customs Act 1969 to which the respondent objected by serving notice. In reply to the notice, the Customs Collector informed that the goods had already been aucti......and law involved in the two appeals being the same, they have been heard analogously and will be disposed of by this judgment. 2. Respondent No. 1 Anis & Co. (in both the appeals) brought the aforesaid Writ Petition on 2.1.91 calling in question the letter dated 23.12.90 of the Collector of C..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......al grand father. By two registered sale‑deeds dated, 9.5.73 and 10.5.73, Mariam and Alimunnessa sold their shares in the paternal property to the respondents, who are strangers, without serving any notice upon him. He claimed pre‑emption by filing Misc. Cases Nos. 121 of 1974 and 174 of 1974 und......er dated 14 July 1988 passed by the High Court Division, Dhaka, in Civil Revision No. 915 & 916 of 1987) Judgment Shahabuddin Ahmed CJ.- Appellant is the Pre‑emptor by inheritance. His claim for pre‑emption has been ultimately rejected by the High Court Division holding that he had acquie..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) ......87 for quashing the proceeding under section 145 Cr PC A rule was issued upon the appellant's father, Md. Ali Akbar who, however, died on 15 April, 1989 during the pendency of the Rule. As already noticed, by the impugned judgment, a Division Bench of the High Court Division made the Rule absolu......tter and submitted a report in Non FIR Case No. 50 dated 19.3.84 giving rise to Non GR Case No. 77 of 1984. In the said report it was stated that upon investigation it transpired that the wife of aforesaid Ali Akbar, Amena Khatun had purchased the disputed land by kabala and been possessing the ..Category: Criminal Law | Date: | Hits: 53
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....;on‑Record – For the Appellant Mohammad Ayub, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No.54 of 1986 (From the Judgment and decree dated 3rd June, 1985 passed by the High court Division, Sylhet Bench, Sylhet in Second Appeal No.90......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......in Second Appeal No.906 of 1968 allowing the appeal and setting aside the judgment and decree of the first appellate court reversing the judgment and decree of the trial court arising out of a suit for declaration of title and recovery of khas possession. 2. Plaintiff claims title in the ..Category: Property Law | Date: | Hits: 56
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ain, Advocate‑on‑Record ‑For the Respondent No, 2. Ex parte‑ Respondent No. 1. Syed Amirul Islam, Advocate- Amicus Curie. Civil Appeal No. 27 of 1987. (From the judgment and order dated 10th July, 1986 passed by the High Court Division, Dhaka in Writ Petition No. 547 of 1985). ......on 36 of the Ordinance, the Labour Court is also guided by proviso (c) to sub‑section (1) of section 25 of the Act as follows: "(c) On receipt of any complaint under clause (b), the Court, after notice and giving the parties hearing may decide the matter in such summary way as it deems proper;"......rder dated 10th July, 1986 passed by the High Court Division, Dhaka in Writ Petition No. 547 of 1985). Judgment MH Rahman J: Respondent No.2 instituted industrial Relations Case No.73 of 1985 before the First Labour Court, Dhaka under section 34 of the industrial Relations Ordinance, 1969, in ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
...., (Sharifuddin Chaklader, Assistant Attorney‑General, with him) instructed by AW Mallik, Advocate‑on‑Record. Civil Appeal No. 25 of 1991 (From the judgment and order dated 6th March, 1991 passed by the High Court Division, Dhaka in Writ Petition No. 136 of 1991) ......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. ......the appellant challenged the detention of her husband, Abdul Kader Siddiqui, by an order dated 13th January, 1991 under section 3(1)(a) of the Special Powers Act, 1974. Her case, in brief, is that for recognition of his contributions in the liberation war the detenu was awarded the second highes..Category: Constitutional Law | Date: | Hits: 365
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