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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. ......ul 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- For the Petitioner. B ..

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. ......989 passed by the High Court Division, Dhaka in Criminal Revision No. 90 of 1985). Judgment:         ATM Afzal J: This appeal by the informant following leave arises out of an order of acquittal passed by the appellate Court and confirmed by the High C..

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. ......ers were directed to put in cash deposits for completing the execution with police help. On 25th January, 1990 the learned Judge in Chamber of this Court passed an interim order on the petitioner's leave petition staying further proceedings in the execution case. A message was sent to Kushtia wi..

Category: Property Law | Date: | Hits: 98

State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)

....vision, Circuit Bench, Jessore, in Criminal Reference Nos. 4 and 5 of 1985). Judgment:            Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether the High Court Division correctly interpreted section 4(3) v......Circuit Bench, Jessore, in Criminal Reference Nos. 4 and 5 of 1985). Judgment:            Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether the High Court Division correctly interpreted section 4(3) vis‑..

Category: Criminal Law | Date: | Hits: 118

BD Chemical In­dustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)

.... 1973, The Trade Marks (Invalidation and Summary Registration) Order, 1973 came into force under which all trade marks registered in Pakistan ceased to be registered trade marks in Bangladesh and a special procedure was laid down to apply afresh for summary registration of such marks as certified...... the High Court Division, Dhaka In Matter No. 44 of 1988). Judgment:                ATM Afzal J.- These two appeals by leave arise out of a common judgment and order dated 16th August, 1990 passed by a Single Judge of ..

Category: Intellectual Property Law | Date: | Hits: 227

Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)

....he High Court Division, Dhaka, in Writ Petition No. 1270 of 1989). Judgment:             Shahabuddin Ahmed CJ: In this appeal by special leave the question is whether the appellant, who was an Advocate of the High Court of Bang......Court Division, Dhaka, in Writ Petition No. 1270 of 1989). Judgment:             Shahabuddin Ahmed CJ: In this appeal by special leave the question is whether the appellant, who was an Advocate of the High Court of Bangladesh i..

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. ..

Category: Administrative Law | Date: | Hits: 123

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

....a in Writ Petition No. 355 of 1985) Judgment:                    Shahabuddin Ahmed CJ.- This appeal by special leave calls in question the High Court Division's judgment in Writ Petition No. 355 of 198......t Petition No. 355 of 1985) Judgment:                    Shahabuddin Ahmed CJ.- This appeal by special leave calls in question the High Court Division's judgment in Writ Petition No. 355 of 1985. By th..

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

Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)

....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. ......st Awlad Hossain the present contemner has only aggravated his offence. In other words, he has emphatically challenged our findings in Civil Rule No. 870(R) of 1988 (Contempt), without filing any leave to Appellate Division against the same……….We have no manner of doubt th..

Category: Criminal Law | Date: | Hits: 79

Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)

....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. ......506 and 507/91). Judgment:               ATM Afzal J: These two appeals, Criminal Appeal Nos. 21 of 1991 and 22 of 1991, by leave, arise out of the judgment and order dated 21 August 1991 passed by a Division Bench of the H..

Category: Constitutional Law | Date: | Hits: 150

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1992, 21 CLC (AD)

....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: ......gal effect and calling for a direction upon the respondents to cancel, rescind or withdraw the same. By judgment and order dated 27.8.91 the High Court Division discharged the Rule. This appeal is by leave from the said judgment and order. 4. The disputed land measuring 3.28 acres ad..

Category: Property Law | Date: | Hits: 68

Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)

.... Counsel for the defendant‑respondent, submits on the other hand, that this Court had thought fit to give an extended and liberal application of section 47 which on review should not be disturbed, especially when there is no unjustified extension of the application of section 47. 12. We have no......ivil Appeal No. 5 of 1986 (Review against the Judgment and Order dated 20.7.87 passed by this Court in Civil Appeal No. 5 of 1986). Judgment Mustafa Kamal J: This is plaintiff’s appeal by leave for review of a judgment of this Court dated 20.7.87 in Civil Appeal No. 5 of 1986, reported i..

Category: Property Law | Date: | Hits: 73

State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)

.... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ......ent and order dated 1.9.87 passed by the High Court Division's Session at Barisal in Criminal Appeal No. 110 of 1985). Judgment Shahabuddin Ahmed CJ: State is the petitioner seeking leave to appeal against the judgment of the High Court Division dated 1 September 1987 disposing o..

Category: Criminal Law | Date: | Hits: 92

Siddique Munshi Vs. The State, 1992, 21 CLC (AD)

....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. ......y the High Court Division, Dhaka, in Criminal Appeal No. 261 of 1986). Judgment:           Shahabuddin Ahmed CJ.- In this appeal by Special leave, the appellant, Siddique Munshi, is challenging the order of his conviction and sentence und..

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)

....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. ......;          Shahabuddin Ahmed CJ.- Secretary, Ministry of Food and three other officers of the said Ministry are the appellants in this appeal by Special leave. Respondent, M/s. MF Ltd., a private limited company, is the lessee of the Khulna Municipal C..

Category: Fiscal/Taxation Law | Date: | Hits: 92

Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)

...., 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. ......ision, Comilla Session, Comilla in Civil Revision No. 308 of 1985). Judgment:            Latifur Rahman J.- This appeal by leave at the instance of defendants is directed against the judgment and decree of the High Court ..

Category: Property Law | Date: | Hits: 57

Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)

....atifur Rahman, JJ. I concur with the judgment of Mustafa Karnal, J.            Mustafa Kamal J: Defendant No. 3 is the appellant in this appeal by special leave. Upon dismissal of the plainfiff‑respondant's Title Suit No. 129 of 1958 by the......ahman, JJ. I concur with the judgment of Mustafa Karnal, J.            Mustafa Kamal J: Defendant No. 3 is the appellant in this appeal by special leave. Upon dismissal of the plainfiff‑respondant's Title Suit No. 129 of 1958 by the learne..

Category: Property Law | Date: | Hits: 52

Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)

.... this appeal on a very limited ground in the following terms: “Mr. Khandker Mahbubuddin Ahmed, the learned counsel, frankly submitted that the only question will be in this petition for special leave is as to the nature of the family arrangement under the Burmese Buddhist Law and whet...... of 1989 (From the Judgment and Decree dated 23.8.88 passed by the High Court Division, Barisal Bench in First Appeal No. 123 of 1980). Judgment Mustafa Kamal J.- The appeal by leave by defendant Nos. 1 and 2 is from the first appellate judgment and decree dated 23‑8‑88 pa..

Category: Property Law | Date: | Hits: 52

Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)

....ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ...... Vs. The State .............Respondent. Judgment February 17th, 1992. Lawyers Involved: Md. Monsur Ali, Advocate, (appeared with the leave of the Court) instructed by M Nowab Ali, Advocate‑on‑Record ‑For the Appell..

Category: Criminal Law | Date: | Hits: 79

Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)

....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. ......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