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Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....pliedly considered the case being one of exceptional circumstances as the documents which ought to have been filed with the plaint as per rule 14 of the said Order were not filed. From the Concise Statement filed by the plaintiff‑respondent we find that on 14.9.88 another suit being Title ......d.......................................Defendant‑Appellant Vs. Banque Indosuez having Its Local Office at 47, Motijheel Commercial Area, Dhaka .............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. ......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)
....Commissioner for India Vs. IM W, AIR 1948 PC 121; Pakistan Vs. Mrs. AV Issacs 22 DLR (SC) 371; United Provinces Vs. Atiqua Begum AIR 1941 FC 16; JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2); State of Bihar Vs. Kameshwar Singh, AIR 1952(SC) 252; Chandra Mohan Vs. State of UP, AIR 1966 (SC) 1...... 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) ...... 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. ......s. Union of India AIR 1987 SC 386; Minerva Mills Ltd. Vs. Union of India AIR 1980 SC, 1789; Bangladesh Vs. Abdur Rab 33 DLR 143, Jamil Huq and eleven others Vs. Bangladesh 34 DLR (AD) 125 and Serajul Islam Vs. The Director of Food 42 DLR (AD) 199; In the matter of Reference by the Parliament of Paki..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... called undemocratic. It is provided in the Constitution itself. The amendment is not also violative of Article 28. Clause (4) in Article 28 provides that nothing in that Article shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We f...... Latifur Rahman J Dr. Ahmed Hussain ..................Petitioner. Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992...... 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. ...... 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)
....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. ...... (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......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. ...... SK Dey and another.............................................Respondents Judgment August 25, 1991. Lawyers Involved: Rafiq‑ul‑Huq, Senior Advocate (AKM Nazrul Islam, Advocate with him), instructed by Mr. Sharifuddin Chaklader, Advocate‑on‑Record ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....oneous assumption that there ought to have been evidence to show that the shebait knew about their possession from before. 14. The Judicial Committee of the Privy Council in the Secretary of State for India Vs. Debendra Lai Khan 38 CWN 285 pointed out that for adverse possession the ......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......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. ......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. Chand Mia and others, 1992, 21 CLC (AD)
....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. ......;…………………………………………………………Appellant Vs. Chand Mia and others ..............................................................Respond......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. ......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. ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ng out or otherwise transferring all kinds of lands including waste lands in their khas possession on a large scale with a view to get a greater benefit out of the provisions of the East Bengal State Acquisition and Tenancy Bill 1948, when enacted and put into operation. It was apprehended t...... Latifur Rahman J Government of Bangladesh represented by the Deputy Commissioner, Bakerganj ..............Appellants. Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .............................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. ......sfer of agricultural land by way of deed of release". From the order‑sheet (Ext‑5) of the Misc. Case No. 1 of 1962‑63 of the Act, it appears that one Mr. Rafiqul Islam alleged that Satyendra Nath Kundu transferred agricultural land more than the quantity permit..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....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. ......buddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sahera Khatun and another............................Defendant‑Appellant. Vs. Anwara Khatun and others.............................Plaintiff‑Respondents J......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. ......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
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....Chittagong. The said Cement was loaded from the Port Umm Qasr, Iraq from 14.7.90 onwards on board the Ship MV Banglar Kiron belonging to the Bangladesh Shipping Corporation which was chartered by the State Enterprise for Water Transport, Baghdad. The original sale by M/s Transclear to M/s Nidera bei....... ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
.... 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 under section 96, State Acquisition and Tenancy Act, in the 1st Court of Munsif, Dhaka. By one sale deed, 1.70 ¾ acre......me Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazaruddin ..... Pre‑emptor‑Appellant. (In both the appeals) Vs. Maijuddin and others…. Pre‑emptee’s ‑Respondents (In Civil Appeal No. 52 of 1989). ......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. ......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
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
.... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Mannan and others .........................Accused‑Appellants. Vs. State ....... .............................................Respondent Judgment July 9,......nal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Mannan and others .........................Accused‑Appellants. Vs. State ....... .............................................Respondent Judgment ......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......Criminal) MH Rahman J ATM Afzal J Mustafa Kamal J Aminul Islam…………………..First Party Complainant‑Appellant Vs. Mujibur Rahman and others.............. Second Party‑Respondents Judgment ...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ...... This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hazrat Ali and others ......................................Condemned prisoners‑Appellants Vs. The State .....................Respondent Judgment August 6, 1991 Lawyers Involved...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hazrat Ali and others ......................................Condemned prisoners‑Appellants Vs. The State .....................Respondent Judgment August 6, 1991 ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ...... 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......dvocate‑on‑Record –For the Appellant. Sultan Ahmed, Advocate, instructed by Aftab Hossain, 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..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....rs Vs. Bangladesh 34 DLR (AD) 125; Alam Ara Huq Vs. Government of Bangladesh 42 DLR 98; Bushell's Case (1670), Vaughan 135; Fay Vs. Noia 372 US 391; Vaughan, at 156 124 Eng Rep, at 1016 9 Howell's State Trials, at 1023; King Vs. Governor of Lewes Prison, ex parte Doyle [1917] 2 KB 254 (269); Rex......ustafa Kamal J Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents &nbs......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. ...... SC 217; BR Rao vs. State of Orissa AIR 1971 (SC) 2197; Bonomally Gupta ILR 1917 (Vol 54) Calcutta 723; Nazir Ahmed vs. King Emperor AIR 1936 PC 253. Lawyers Involved: Amirul Islam, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate – on ‑Record - F..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
.... Mustafa Kamal J Latifur Rahman J Babor Ali Molla and others .....................Accused‑Appellants Vs. State ……………………………&hell......fzal J Mustafa Kamal J Latifur Rahman J Babor Ali Molla and others .....................Accused‑Appellants Vs. State …………………………&h......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......the Inspector of Criminal investigation Department, Camp Jessore. During investigation on 2.9.82 Md. Ejahar Ali, a non‑appealing accused, made a confessional statement before PW 12 SM Jahrul Islam, Magistrate, 1st Class, Jessore. After completion of the investigation charge sheet was submi..Category: Criminal Law | Date: | Hits: 68
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
.... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Matin and others........................................Appellants Vs. The State .......................................................Respondent Judgment Apri...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Matin and others........................................Appellants Vs. The State .......................................................Respondent Judgm......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......f his house and going over there he saw that accused Masabber Chacha and others were running away with chora in their hands from the place of occurrence. The informant and others found victim Nurul Islam dead. On this allegation Jagannathpur Police Station Case No. 3 was started against Masabber..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....ivision in Appeal from Original Decree No. 138 of l972). Judgment: Kemaluddin Hossain, J.—This appeal raises a complex question of interpretation of Section 20(5)(c)(ii) of the State Acquisition and Tenancy Act 1950. The facts are that the plaintiff-respondents instituted a t...... J Fazle Munim J Bangladesh..................Appellant. Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 197......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....nt. Vs. The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May 5, 1976. Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N. 405. Lawyers Involved: T. H. Khan, Senior ......hmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Fazle Munim, J. The Bangladesh Jatiya Matshajibi Samabaya Samity Ltd……...Appellant. Vs. The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May ......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ...... Fazle Munim, J. Md. Amirul Islam........... Appellant Vs. The Hon'ble Judges of the High Court Division (Sc) of Bangladesh and Govt. of Banglades......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......sion (Civil) Present: Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Fazle Munim, J. Md. Amirul Islam........... Appellant ..Category: Others | Date: | Hits: 157
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