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Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....ondent 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. 5-6. Contempt Petition No. ......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-...... 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. ......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..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....... 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. ...... 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..Category: Criminal Law | Date: | Hits: 118
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....s Corporation 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 Mahbubudd......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, ......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. ...... Rahman J Bangladesh Chemical Industries Corporation and another………………………………. Appellants Vs. M/s Sattar Match Works and others ..........Respondents (In CA 100/1990) ..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....For the Appellant. Aminul Haque, Attorney‑ General, (AW Bhuiyan, Additional Attorney General and Sharifuddin Chaklader, Assistant Attorney‑General, with him), instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondents. Civil Appeal No. ...... 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 ..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. ...... 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..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
.... Lawyers Involved: Abdur Rab‑I, Advocate‑on‑Record, Supreme Court‑‑For the Appellants. Quazi A T Monwaruddin, Advocate Supreme Court, instructed by Md. Sajjadul Huq, Advocate‑on ‑Record‑‑For the Respondent. Civil Ap......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..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. ......nt May 14th, 1992. Lawyers Involved: Abu Taher Chowdhury, Advocate, Supreme Court, instructed by Ataul Huq, Advocate‑on‑ Record ‑For the Appellant. B Hossain, Advocate‑on ‑Record, Supreme Court‑For the Respondent No. 1. Ex pa......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. ...... CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazlur Rahman Molla ...................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice Division and anoth..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. ...... Lawyers Involved: Abdul Malek Senior Advocate, (Rafiqul Huq, Senior Advocate with him) instructed by Shamsul Huq Siddique, Advocate‑on‑Record‑For the Appellant. B Hossain, Advocate‑on‑Record‑For the Respondent in both the appeals Criminal......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. ...... Afzal J Mustafa Kamal J Latifur Rahman J Shaikh Shahidul Islam……………....……Accused‑Appellant (in both the Appeals) Vs. State .......................Respondent Judgment February 24th, 1992. ..Category: Constitutional Law | Date: | Hits: 150
....Respondents
Judgment
March 5, 1992.
Lawyers Involved:
Syed Ishtiaq Ahmed, Senior Advocate (M Nurullah, Senior Advocate and Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant.
AW Bhuiyan, Additional Attorn......s
Judgment
March 5, 1992.
Lawyers Involved:
Syed Ishtiaq Ahmed, Senior Advocate (M Nurullah, Senior Advocate and Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant.
AW Bhuiyan, Additional Attorney‑Gener......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:
......
Appellate Division
(Civil)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment DirectoÂrate, Ministry of Defence, Dhaka Can..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....nd up to the challenge thrown up by the defendant on other grounds. So, the impugned judgment under review need not be disturbed. The appeal is dismissed……….(12,17,18) Lawyers Involved: Md. Nurul Huq, Advocate ‑ For the Appellant. Dr. Kamal Hossain, Senior Advocate, instructed by ......rounds. So, the impugned judgment under review need not be disturbed. The appeal is dismissed……….(12,17,18) Lawyers Involved: Md. Nurul Huq, Advocate ‑ For the Appellant. Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate‑on‑Record ‑For the Re...... 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. ......upreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafiqul Islam (Md)………………………..Appellant Vs. Mir Abdul Ali................Respondent Judgment December 12, 1991. Result: The a..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. ......n and others..................................................Respondents Judgment November 3, 1991 Lawyers Involved: AW Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate‑on‑Record‑ For the Petitioner. Not represented ‑R...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
.... Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. State 13 DLR 414 and Sadik Vs. State (1971) PLD (SC) 713. Lawyers Involved: Serajul Huq, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. M Shamsul ......a vs. Crown 7 DLR 395; Shahed Ali Vs. State 13 DLR 414 and Sadik Vs. State (1971) PLD (SC) 713. Lawyers Involved: Serajul Huq, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. M Shamsul Alam, Depu......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. ......iminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal Latifur Rahman J Siddique Munshi ...................Appellant Vs. The State .........................Respondent Judgment October 24th, 1991. ..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)
.... February 10th, 1992. Case Referred to- Pratap Singh vs. Krishna Gupta AIR 1966 SC 140. Lawyers Involved: AW Bhuiyan, Additional Attorney‑General, instructed by Md. Sajjadul Huq, Advocate –on ‑Record -For the Appellants. Khondker Mahbubuddi......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. ......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 MH Rahman J Latifur Rahman J Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others .......... Appellants. Vs. M/s. MF Limited, a Private company limited by shares........................Respondent ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....ad...............Petitioner Vs. The State ………………………Respondent Judgment January 30, 1992 Lawyers Involved: Moudud Ahmed, Advocate, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑onÂRecord ‑For the Petitioner. Aminul Huq, Attorney‑General (Abdu......rd ‑For the Petitioner. Aminul Huq, Attorney‑General (Abdul Wadud Bhuiyan, Additional Attorney‑General, AF Hasan Arif, Deputy Attorney‑General, M Shamsul Alam, Deputy Attorney‑General, B Hossain, Deputy Attorney‑ General with him) instructed by Sharifuddin Chakladar, Advocate‑on‑R......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: ......ent here. Supreme Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hussain Mohammad Ershad...............Petitioner Vs. The State ………………………Respondent Judgment January 30, 1992 Lawyers In..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....pellant Vs. Aynal Kha and others................Defendant‑Respondents Judgment July 16th, 1991 Lawyers Involved: Abdul Hamid, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. Mvi. Md. Wahidu...... Vs. Aynal Kha and others................Defendant‑Respondents Judgment July 16th, 1991 Lawyers Involved: Abdul Hamid, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. Mvi. Md. Wahidullah, Advo......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. ......n (Civil) Present: MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Rupban Bibi..... ....................Plaintiff‑Appellant Vs. Aynal Kha and others................Defendant‑Respondents Judgment Ju..Category: Civil Law | Date: | Hits: 106
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... Commissioner of Income‑Tax, Kerala Vs Malayalam Plantations Ltd. [1964] 53 ITR (SC) 140 (150). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate -on‑Record‑ For the Appellant. Moksudur ......oner of Income‑Tax, Kerala Vs Malayalam Plantations Ltd. [1964] 53 ITR (SC) 140 (150). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate -on‑Record‑ For the Appellant. Moksudur Rahman, Se...... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ...... ATM Afzal J Mustafa Kamal J Mackinnon Mackenzie & Company (Pakistan) Ltd.. ..................………………Appellant Vs. Commissioner of Taxes Chittagong (South) Zone, Chittagong ................Responde..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....For the Appellant. M Shamsul Alam, Deputy Attorney General, instructed by SU Chaklader, Advocate‑on‑Record ‑ For the State (Respondent No. 1). Sirajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondent No. 2. Criminal Appeal No. 16 of......ppellant. M Shamsul Alam, Deputy Attorney General, instructed by SU Chaklader, Advocate‑on‑Record ‑ For the State (Respondent No. 1). Sirajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondent No. 2. Criminal Appeal No. 16 of 1991 (......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. ......39. ..Category: Criminal Law | Date: | Hits: 64
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... 117 RR 32 at p.41: 11 Moo PC 347 & Attorney‑General for Ontario Vs. Attorney General for Canada, 1921 AC 571 (583). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑onÂRecord‑For the Appellant (In Civil Appeal No. 35 of 1987). A....... State of UP, AIR 1966 (SC) 1987; Johri Mal Vs. Director of Consolidation of Holdings, AIR 1967 (SC) 1958); Keshavananda Vs. Kerala, AIR 1973 (SC) 1461 (Paras 1521 and 1920); Bangladesh Vs. Zahangir Hossain, 34 DLR (AD) 173 (184); Hinds and other Vs. The Queen, (1976) 1 All ER 353, Liyanage Vs. Reg...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) ..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
....p; Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992 Lawyers Involved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nowab Ali, Advocate‑on‑Record ‑For the Petitioner. AW Bhuiyan, Additi......ved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nowab Ali, Advocate‑on‑Record ‑For the Petitioner. AW Bhuiyan, Additional Attorney‑General, (M/s. B Hossain, Deputy Attorney‑General and Sharifuddin Chaklader, Assistant Attorney‑General,...... 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 dismissed. Ed. ...... Latifur Rahman J Dr. Ahmed Hussain ..................Petitioner. Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....th him), instructed by Mr. Sharifuddin Chaklader, Advocate‑on‑Record ‑For the Appellants. Asrarul Hossain, Senior Advocate (Shafique Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For Respondent No. 1. Syed Ishtia...... Rafiq‑ul‑Huq, Senior Advocate (AKM Nazrul Islam, Advocate with him), instructed by Mr. Sharifuddin Chaklader, Advocate‑on‑Record ‑For the Appellants. Asrarul Hossain, Senior Advocate (Shafique Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advoc......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. ...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jamuna Oil Company Limited and another................Appellants Vs. SK Dey and another.............................................Respondents Judgmen..Category: Employment/Service Law | Date: | Hits: 89
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