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Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....ana and lemon plants in the garden by the side of Hamid Mollah's house and Hamid's son Shahajuddin (PW 2) drove away the cattle. This led to a quarrel with Ali Mollah. Hamid was not at home at that time. Ali Mollah's son Abu Taher and Shahajuddin struck each other with ordinary sticks when people......order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....ity of the decree was dismissed by the executing court on 1st January, 1990. The petitioner contends that the order was made public on 15th January, 1990 and on that day he made an application for time to move the High Court Division, but that application was rejected on 18th January, 1990, and...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....he High Court Division questioning the legality of the orders of the two Senior Special Judges of Khulna and Bagerhat. A Division Bench of the High Court Division, which was on Circuit duty at that time in Jessore, accepted the Reference by its judgment dated 5 August, 1986 and held that the Sen...... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....management also used the same trade mark 'Cock" on its match boxes. The two factories under the same owners carried on their business under the name of "Sattar Match Works" for some time and thereafter the owners constituted themselves into a private limited company under the Comp......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....from 3.8.1972, by PO No. 91 of 1972. The basis for such a dispute appears to be that though PO No. 5 of 1972 conferred right on the appellant to practise before the High Court of Bangladesh at the time when there was no Appellate Division, the PO No. 91 of 1972 which brought in the Appellate Div...... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ..Category: Others | Date: | Hits: 92
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....efly the "Corporation". 2. Appellant No. 1 was Store Assistant and Appellant No. 2 was Security Assistant of the Corporation posted in its Regional Office at Khulna at the relevant time. Petitioners of the other four Writ Petitions, as referred to above, were also employees of th......rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....mporary injunction against apprehended demolition of their shops. A show‑cause notice for ad‑interim injunction was issued but ultimately no temporary injunction was granted. In the meantime the Municipal Authorities demolished a part of the market. The Plaintiff’s filed an appe......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....ion No. 164 of 1991 the High Court Division by judgment and order dated 21.3.91 declared his detention to be illegal. He was not, however, released as the Bureau of Anti‑Corruption in the meantime filed two Criminal cases, Ramna PS. Case Nos. 53(2) 91 and 89(2)91 on 11.2.91 and 19.2.91 res......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ..Category: Constitutional Law | Date: | Hits: 150
.... building and puts the Central Government into possession of the same, any officer authorized by the Central Government in this behalf may, notwithstanding anything contained in any other law for the time being in force or in any contract, at any time, enter upon the demised land or building and rec......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:
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Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....of his possession under section 53A of the Transfer of Property Act, but as this plea was not taken in the written statement the learned Single Judge did not allow the plea to be raised for the first time in revision. The Rule was made absolute, the concurrent judgments of the Courts below were set ...... 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. ..Category: Property Law | Date: | Hits: 73
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
.... died instantaneously in the paddy field. In due course, investigation was held and the accused along with eight others was put on trial on a charge of murder. His defence was that at the relevant time he was under medical treatment in Dhaka and that no such incident as alleged by the prosecutio......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. ..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)
....ndent, after some hesitation, accepted this reduction and requested the appellants to make payment of the balance, The Controller, however, raised fresh objections saying the entire payment became time‑barred and that the goods are not at all liable to octroi because these are government p......er the Municipal Administration Ordinance, 1960. In the years 1977‑78, 78‑79 and 79‑80 the appellants imported certain goods such as, edible oil, butter oil, milk powder, weighing scales etc. into the Octroi area of the Khulna Pourashava. "Octroi", as defined in Rule 2..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
.... of Jinnat Ali was not extinguished for not impleading all the co‑sharer landlords in the rent suit and rent execution cases overlooking that Rajkishore not Mathura Mohan was landlord at the time of auction held in Rent Execution Case No. 64 or 1905 and other co‑sharers landlords wer......, 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. ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....o did not acquire any right, title and interest in the suit land and the contesting defendants never threatened him with dispossession. These defendants have been possessing the suit land from the time of their ancestors. The suit land has been recorded in the S.A. Khatian in their names. They h......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
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....ted and registered a Will in favour of the plaintiff on 3.2.45 in respect of the aforesaid property and appointed one Madan Sarkar as the executor therein. The plaintiff was a minor at the relevant time. The said executor probated the will on 18.2.61 in Probate Case No. 66/56. The plaintiff being......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)
....ge and moved in the High Court Division but the petitioner was advised (it is not said by whom) to move the same later on if the situation so demanded. 6. Admittedly the trial proceeded in the meantime and as many as 48 witnesses were examined by the prosecution. The prosecution evidence was clos......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
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... Appellate Joint Commissioner of Taxes. 7. On a second appeal the Taxes Appellate Tribunal allowed the assessee's claim after holding that the liabilities for the expenses accrued at a time when the business of the company was continuing and that arose in and through an enforceable c...... 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
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....follows: Plaintiff Bank filed a money suit against the defendant for recovery of the outstanding liabilities in respect of a sanctioned overdraft facilities granted to the defendant. At the time of filing of the plaint the plaintiff along with the plaint filed photo‑copies of some d......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)
.... the three organs of the Government. It was held that the Jamaican Constitution being one on the Westminster model it is "implicit in its structure that judicial power, however it be distributed from time to time between various courts, is to continue to be vested in persons appointed to hold judici...... 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)
....tion of Parliament occurring next after the expiration of the period of ten years beginning from the date of the first meeting of the Parliament next after the Parliament is in existence at the time of commencement of the Constitution (Tenth Amendment) Act, 1990, there shall be reserved thir...... 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
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