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Category: Criminal Law | Date: | Hits: 88
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....nd convicted for the offence provided they had the intention and knowledge as required in section 149. The only thing to be seen is whether their presence as members of an unlawful assembly at the time of the commission of the offence has been proved, However, since no appeal has been preferred ...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
..... 1 by kabala dated 17.11.75 for a consideration of Tk. 2000'00. On the same day the plaintiff executed an agreement for reconveyance in favour of defendant No. 1 of the land within the stipulated time as embodied in the Ekrarnama. Defendant No. 1 requested plaintiff for return of the land as pe......tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ..Category: Property Law | Date: | Hits: 98
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....hat he was asked to stop before the Union Parishad office and kept the ignition of the motor cycle running. Abul Khair went into the Parishad office and then he heard the sound of pistol shots 4/5 times. He had to carry back Abul Khair on the motor cycle on threat of fife. Mosharraf joined them ......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
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 InĀdustries 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
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......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. ..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......nt, it is obvious that in every case where either the Will itself, or anything done under it by the executor, is challenged, proof of execution and capacity on the part of the testator, and of the appointment of the executor, would be required. The object of the section is only to get rid of thi..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