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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. ......gment March 19th, 1992. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Supreme Court, (Mahbubey Alam, Advocate, Supreme Court, with him), instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. Khalilur Rahman, Advocate,...... (Civil) Present: Shahabuddin 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 M......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. ..

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. ......n Vs. State of UP AIR 1974 SC 1567; Dharam Pal Vs. State of UP AIR 1975 SC 1917 (1921 &1922); AIR 1978 SC 1233. Lawyers Involved: Rabeya Bhuiyan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. B Hossain, Deputy Attorney‑General, inst......ellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Rafiqul Islam ...............Appellant Vs. State ..............Respondent Judgment April 15th, 1992. Cases Referr......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. ..

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. ...... MH Rahman J Mustafa Karnal J Latifur Rahman J Managing Director, Rupali Bank Limited and others…………….Appellants Vs. Tafazal Hossain and others.............................................Respondents Judgment Febru......in Ahmed CJ MH Rahman J Mustafa Karnal J Latifur Rahman J Managing Director, Rupali Bank Limited and others…………….Appellants Vs. Tafazal Hossain and others.............................................Respondents ......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. ..

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. ......and others...................................  Respondents [In CA No. 68/90] Judgment February 4th, 1991. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by B Hossain, Advocate-on-Record - For the appellants in CA No....... Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Sonali Bank and others ......................................Appellants Vs. Gazi Abdur Rashid and others ............................Respondents ......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. ..

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. ......ecessary within the meaning of Order 1 rule 10(2) CPC or for the ends of justice............(8) Lawyers Involved: 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 b......ion (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Subash Chandra Halder & another.................Plaintiff-Appellants Vs. Abdul Bari & others ..................Defendant-Respondents Judgment April 12, 1992......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. ..

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: ...... Vs. Abdul Mutakabbir Chowdhury alias Sufi Mia Chowdhury……………….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 Respo......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Manik Chand Bibi alias Rezian Nahar and another.........................Appellant Vs. Abdul Mutakabbir Chowdhury alias Sufi Mia Chowdhury……………….Respondents 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: ..

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. ...... Vs. Lal Miah Talukder and another…………………Respondent. Judgment July 9th, 1992. Lawyers Involved: Moksudor Rahman, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on- Record -For the Petitioner. Not Represented -Respondents. Criminal peti......e Division (Criminal) 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. ......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. ..

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

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. ...... earlier till commencement of the trial. Ed. ......d. ......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. ..

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. ......Co. Vs. Benoy Bhusan AIR 1943 Cal. 199 (202); Read Vs. Brown 22 QBD 128 (132); Cooke Vs. Gill LR 8 CP 107; G. Venkatesha Vs. Kamlapath 1957 AIR 201 (Mad). Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Mr. Kazi Shahabuddin Ahmed, Advocate-on-Record-For the Appe......MH Rahman J ATM Afzal J Mustafa Kamal J and Latifur Rahman J Guiness Peat (Trading) Limited ………………..Appellant Vs. Md. Fazlur Rahman. ................ Respondents Judgment January 29th, 199......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. ..

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....... The unconditional apology of the appellant is accepted and the sentence remitted. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Aftab Hossain, Advocate-on-Record -For the Appellant. Aminul Haque Advocate, instructed by S U Chaklade......late Division (Criminal) 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 Res......nt for three (3) days. 2. The aforesaid case arose on an application filed by respondent No. 1 for drawing up a proceeding for contempt of court against the appellant and others including the Home Secretary alleging wilful violation and disregard of the orders of the High Court Division to releas..

Category: Criminal Law | Date: | Hits: 88

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. ......llip;……..…………….Respondent Judgment August 18th, 1991. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Appellant. M Nawab Ali, Advocate......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shamser Ali (Md) and others ……………………Appellants.  Vs. Mosammat Kafizan Bibi………..…………….R......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

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. ...... Md. Amjad Ali Miah and others………...Respondents Judgment November 21 st, 1991. Lawyers Involved: SS Halder, Senior Advocate instructed by Md. Aftab Hossain, Advocate‑on-Record-For the Appellant. Khandaker Mahbubuddin Ahmed, Senior Ad......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………...Respondents Judgment ......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. ..

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. ......dgment April 29th, 1992. Lawyers Involved: Ahmed Ali Advocate (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 ......ellate Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abul Khair...............Petitioner. Vs. The State .................Respondent Judgment April 29th, 1992. La......n Parishad in 1978. On the morning of 3.12.78 he took breakfast in his home and came to the Union Parishad office situated at a distance of about 250 yards from his house. PW 4 Amanatullah was the Secretary of the said Union Parishad who arrived earlier in the office. Then came PW 5 Abul Hossain..

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. ......him) instructed by M Nowab Ali, Advocate-on-Record-For the Appellant. Maksumul Hakim, Senior Advocate, Supreme Court (Abdul Hamid, Advocate Supreme, Court with him) instructed by Md. Aftab Hossain, Advocate-on­-Record-For the Respondent No. 1. B. Hossain, Deputy Attorney‑......esent: 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…………………... Accuse......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)

....p;     Lawyers Involved: Moinul Huq, Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record - For the Petitioner. Abdul Hug, Advocate, instructed by Mohammad Ayub, Advocate-on-Record - For the Respondent Nos. 1-3. SS Haider, Senior Advocate......dvocate-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, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent Nos. 5-......Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Chairman, Kushtia Co‑operative Industrial Union Ltd .............Petitioner Vs. Mujibur Rahman & others...............Respondents Judgment June 10th, 199...... 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)

.... 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. ......l Special Judge, Khulna Division and anr...........Respondents Judgement May 3rd, 1992. Lawyers Involved: A. Wadud Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate‑on- Record-For the  Appellant Ex - parte - For the Respondents....... CJ MH Rahman J ATM Afzal J Mustafa Kamal J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh ......... ......Appellant Vs. Divisional Special Judge, Khulna Division and anr...........Respondents Judgement...... 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)

....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. ......tion and others…………. Respondents (In CA 36/1991) Judgment March 4th, 1992. Lawyers Involved: M Zahir, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant (In CA 100/1990) Khandker Mahbubuddin Ahmed, ...... Rahman J Bangladesh Chemical In­dustries Corporation and another………………………………. Appellants  Vs. M/s Sattar Match Works and others ..........Respondents (In CA 100/1990)   ......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)

.... 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. ...... 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. ......;                                  Vs. People's Republic of Bangladesh, represented by the Secretary, Minis­try of Law and ......sp;                       Vs. People's Republic of Bangladesh, represented by the Secretary, Minis­try of Law and Justice, Bangladesh Secretariat, Dhaka and another ..............

Category: Others | Date: | Hits: 92

Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)

.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ...... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ......;                                  Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others&helli......p;                          Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others……………Respondents ..

Category: Administrative Law | Date: | Hits: 123

Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)

....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. ......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. ......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Ishaque Khan (Md) and another…………..Appellants Vs. Trading Corporation of Bangladesh, represented by the Secretary, Principal Office, Kawra...... ATM Afzal J Latifur Rahman J Ishaque Khan (Md) and another…………..Appellants Vs. Trading Corporation of Bangladesh, represented by the Secretary, Principal Office, Kawran Bazar, Dhaka………………Res..

Category: Employment/Service Law | Date: | Hits: 68