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Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....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: ......f further proceeding of the Special case pending disposal of the aforesaid Civil Suit. The learned Special Judge by a reasoned order rejected the same on the same day. 5. It has been stated in the leave petition before us that a revisional application was made ready on 19.5. 91 against the afores..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......ed by the High Court Division, Circuit Bench, Jessore in Civil Revision No. 249 of 1985). Judgment: Latifur Rahman J.- This appeal by leave at the instance of the plaintiff is directed against the judgment of the High Court Division..Category: Civil Law | Date: | Hits: 106
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....ision, Chittagong Bench in Application No. 4 of 1984) Judgment: MH Rahman J: This appeal by special leave, at the instance of the assessee, is directed against the judgment and order dated 28......hittagong Bench in Application No. 4 of 1984) Judgment: MH Rahman J: This appeal by special leave, at the instance of the assessee, is directed against the judgment and order dated 28.4.1985 ..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....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. ......de is directory and not mandatory and non‑compliance with the same rule is an irregularity and not an illegality. 4. In the background of the facts and circumstance as mentioned above, leave was granted to consider whether the provision of rule 14 of Order VII of the Code which cont..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... (b) & (c) of Article 117(1) read with Article 47 of the Constitution, relating to enforcement of statutory rights and obligation of public authorities and citizens, and to set of laws which have special position in view of absence of any limitation on the legislative competence to enact and enf......n to the High Court Division. Civil Appeal No. 35 of 1987 was ordered to be heard along with two other certificated appeals. The appellants in all three appeals have also filed separate petitions for leave to appeal under section 6A of the Act of 1981. 5. Article 117 of the Constitution reads as..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
....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 find no merit in this petition and, accordingly, it is dis......al and Sharifuddin Chaklader, Assistant Attorney‑General, with him), instructed by Mvi. Md. Wahidullah, Advocate‑ on‑ Record ‑For the Respondents. Civil Petition for leave to appeal No. 49 of 1992 (From the judgment and order dated 28th November, 1991 passed..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. ......d 30, 10.90 passed by the High Court Division, Dhaka in Civil Order No. 1985 of 1990). Judgment: Mustafa Kamal J: This appeal by leave by defendant‑appellants is from the judgment and order of the High Court Division in Ci..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....earned Judge says "From a look at the farags Ext. 2(a)‑2(c) it seems that these farags are written in fresh ink which cast a great doubt as to the genuineness of the alleged settlement, specially when the same shebait granted the farag Ext. 4 with respect to the same land to the defen......Bench in Second Appeal No. 1449 of 1968.) Judgment: ATM Afzal J: This is a plaintiffs appeal by leave which arises out of the judgment and decree dated 6 November 1985 passed by a Single Judge of..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. ...... the judgment and order dated 1.2.90 passed by the High Court Division, Dhaka, in Civil Revision No. 709 of 1988). Judgment: Mustafa Kamal J: This is an appeal by leave by the Government of Bangladesh, represented by the Secretary, Ministry of Works, plaintiff,..Category: Property Law | Date: | Hits: 56
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. ...... No. 837 of 1985). Judgment: ATM Afzal J: This appeal by defendant Nos. 2 and 3, following leave, arises out of judgment and order dated 16 August, 1990 passed by a Single Judge of the High..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ...... 1985 (From the Judgment and Decree dated 5.6.84 passed by the High Court Division, Sylhet in Second Appeal No. 259 of 1971). Judgment Mustafa Kamal J.- The plaintiffs are the appellants by leave from the judgment and decree dated 5‑6‑84 passed by a Division Bench of the High Court Div..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......m the Judgment and Order dated 17.3.1985 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 895 of 1979). Judgment ATM Afzal J.- This appeal by the defendant, following leave, is directed against Judgment dated 17 March, 1985 passed by a learned Single Judge of the Hig..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....as granted to consider whether the High Court Division upon a correct appreciation of the relevant laws, particularly relating to importation of goods and functions of the Customs Authorities and the special facts of the present case was justified in making the findings as above. 19. It will be f...... Rahman J.- I have gone through the judgments written by my learned brothers ATM Afzal and Latifur Rahman, JJ. I agree with the decision of brother ATM Afzal J. ATM Afzal J.- These two appeals by leave CA 22/91 by the Collector of Customs and the Chairman, Board of Revenue, and CA 23/91 by the t..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....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. ......His claim for pre‑emption has been ultimately rejected by the High Court Division holding that he had acquiesced in the sale and waived his right of pre‑emption. Challenging this decision he took leave from us and filed these two appeals, in which the only question is whether he, by his act or c..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....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. ......nviction under section 307 but maintained those under sections 448 and 380 Penal Code. The sentence under section 380 Penal Code only was maintained. 8. The submission on the basis of which leave was granted in this case has already been indicated. It is admitted by PW 1 Afsar Ali Charami..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....an alternative jurisdiction. The powers thereunder being extraordinary in nature should be exercised sparingly and with caution and only where such exercise is essential and justified by the tests specially laid down in the provision itself. It is now well‑settled that a second revision do.......1989 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 44 of 1987) Judgment: ATM Afzal J: This appeal by leave at the instance of the first party‑appellant arises out of a proceeding under section ..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....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
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......o.906 of 1968) Judgment: Latifur Rahman J: This appeal by leave at the instance of the plaintiff is directed against the judgment of the High Court Division..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ...... Bench Chittagong in First Appeal No. 343 of 1970) Judgment: ATM Afzal J: In this defendants' appeal by leave, the short question for consideration is whether the High Court Division was justified in the..Category: Procedural Law | Date: | Hits: 122
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