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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. ......s [In both the appeals] Judgment August 30th, 1992 Lawyers Involved: Syed Ishtiaq 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 in......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. .........................................Appellant [In both the appeals]               Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment Au..

Category: Property Law | Date: | Hits: 110

State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)

....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. ......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. ......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. ......p;……………………..Petitioner.              Vs. Montu @ Nazmul Huq and others……………………………&h..

Category: Criminal Law | Date: | Hits: 93

Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)

.... 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. ...... 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………………….. Pre-emptee-Respond...... 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. ...... MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Abdur Rashid ........ ...... Pre-emptors-Appellant  Vs. Momtaz Ali Karikar and others………………….. Pre-emptee-Respondents ..

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. ......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. ......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. ...... 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 March 19th, 1992. Lawyers Involved: ..

Category: Employment/Service Law | Date: | Hits: 67

Rafiqul Islam Vs. State, 1992, 21 CLC (AD)

....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. ......s was tried by the Additional Sessions Judge, First Court Comilla under sections 302/149 of the Penal Code. One Shahid Mia (absconding) was convicted under section 302. The appellant and one Mansur Ali were convicted under sections 302/149 of the Penal Code. Five others were acquitted. By the imp......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. ......Appellant. B Hossain, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate-on-Record- for the Respondent. Criminal Appeal No. 16 of 1990. (From the Judgment and order dated 22nd May, 1986 passed by the High Court Division, Comilla Bench in Criminal Appeal..

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. ......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. ......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. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Karnal J Latifur Rahman J Managing Director, Rupali Bank Limited and others…………….Appellants Vs. Tafazal Hossain and ..

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. ......g of two manuals and to deposit the sale proceeds to the plaintiffs account, but defendant No. 3 unauthorisedly and illegally made a delivery of 2,308 metric tons of salt to defendant No. 4 Sohrab Ali against payment of Tk. 90'00 per bag of two maunds. The full value of 100.00 per bag of two mau......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. ......eme Court Appellate Division (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Sonali Bank and others ......................................Appellants Vs. Gazi Abdu..

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. ......olved: 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 instructed by M Nawab Ali, Advocate-on-Record - for the Respondent No.1. Not Represented – Respondent Nos. 2‑3. ......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. ......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: ......……………….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 the Respondent. Civil Appeal No. 65 of 1990 (From the Judgment ...... 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: ...... This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 175

Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)

....rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......e petition is dismissed. Ed. ......rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mozahar Ali Howlader………………….Accused-Petitioner. Vs. Lal Miah Talukder and another…………………Respondent. Judgment July 9th, 1992. Lawyers Involved: M..

Category: Anti-Corruption Laws | Date: | Hits: 100

Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)

....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha Be­gum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others……..

Category: Property Law | Date: | Hits: 82

AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)

....are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......rd-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-­Record-For the Respondent. Criminal Appeal No. 20 of 1991 (From the Judgment and order dated 18.7.91 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 508 of 1..

Category: Anti-Corruption Laws | Date: | Hits: 92

Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)

....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ...... The appeal is dismissed with costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 124

Shamsur Rahman, Deputy IG of Prisons, Dhaka Central Jail, Dhaka Vs. Tahera Nargis Syed & another, 1991, 20 CLC (AD)

....tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly. The appeal is disposed of in the aforesaid terms. Ed....... brought to the jail gate to enable him to go out. As soon as the detenu was about to move out after release from the jail gate, another fresh order of detention dated 20.2.89 was served by Mr. Abdul Ali, Sub-Inspector of the Special Branch, Dhaka on the detenu who received it there and as such he c......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly. The appeal is disposed of in the aforesaid terms. Ed.......) Present: MH Rahman J ATM Afzal J Latifur Rahman J Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail, Dhaka ...... ......Appellant. Vs. Tahera Nargis Syed and another............... Respondents Judgment July 28, 1991 Result: The unconditional ..

Category: Criminal Law | Date: | Hits: 88

Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)

.... 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. ......                 Lawyers Involved: Sirajul Huq, Senior Advocate, Supreme Court, instructed by Md. Nawab Ali, advocate-on-Record- For the Petitioners. Not Represented -For the Respondent. C...... 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. ...... Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Samad @ AKM Abdus Samad and others................. Petitioners. Vs. The State................. Respondent ..

Category: Criminal Law | Date: | Hits: 59

Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)

....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. ......ed. Ed. ......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. ...... Ed. ..

Category: Property Law | Date: | Hits: 98

Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)

....appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others………...Respondents Judgment November 21 st, 199......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others……&..

Category: Property Law | Date: | Hits: 67

Abul Khair Vs. The State, 1992, 21 CLC (AD)

....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. ...... Latifur Rahman J Abul Khair...............Petitioner. Vs. The State .................Respondent Judgment April 29th, 1992. Lawyers Involved: Ahmed Ali Advocate (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on -Record- Fo......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. ....... Nawab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the High Court Division in Death Reference No. 1 of 1985 with Cri..

Category: Criminal Law | Date: | Hits: 61

Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)

....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. ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Hamid Mollah................... Complainant-Appellant Vs. Ali Mollah and another…………………... Accused-Responden......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. ......in Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Hamid Mollah................... Complainant-Appellant Vs. Ali Mollah and another…………………... Accused-Respondents Ju..

Category: Criminal Law | Date: | Hits: 51

Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)

.... 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. ...... 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. ...... 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. ......n-Record - For the Petitioner. Abdul Hug, Advocate, instructed by Mohammad Ayub, Advocate-on-Record - For the Respondent Nos. 1-3. SS Haider, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate‑on‑Record‑ For Respondent No. 4. Moazzem Hossain, ..

Category: Property Law | Date: | Hits: 98