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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. ......ence reference. The impugned order is dated 25 January 1988. 2. The four accused‑respondents before us, namely, Mantu, Kabul, Sayedur Rahman and Bakkar, were convicted by the Sessions Judge, Naogaon, by an order dated 8th February 1986 under sections 302/34 of the Penal Code for the..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......ot being heritable. 2. The predecessor of the respondents as plaintiff‑landlord obtained an ex parte decree on 14.7.84 in SCC Suit No. 13 of 1983 of the Court of Small Causes and First Assistant Judge, Dhaka for eviction of the predecessor of the appellants as tenant. The decree was executed on..Category: Tenancy Law | Date: | Hits: 90
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......bsp; Shahabuddin Ahmed CJ.- The question raised in this leave petition relates to interpretation of section 4 of the Muslim Family Laws Ordinance, 1961. The interpretation given by a learned Single Judge of the High Court Division (on 6 March 1991 in Civil Revision No. 669 of 1986) is under chal..Category: Others | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
.... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ..Category: Employment/Service 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. ...... 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. ......d 13.4.62 and as such this document is not a document of transfer and on that view disallowed the application for preemption. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division was correct in holding on its face value that the Muktipatra is on..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. ..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. ......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. ......al Code the conviction of the appellant for his alleged involvement in the transaction of murder was justified. 2. The appellant along with seven others was tried by the Additional Sessions Judge, First Court Comilla under sections 302/149 of the Penal Code. One Shahid Mia (absconding) wa..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. ......d affects particular persons or things; it operates upon a selected class, rather than the public generally. Relation between a general law and a special law is by the principle known as Generalia Specialibus non derogant‑which in English means, general words do not derogate from the speci...... Rupali Bank and others are the appellants. Plaintiff, an Assistant Cashier of this Bank is the main respondent, (No. 1). The matter arises from a suit filed by the respondent before the Assistant Judge challenging his termination from the appellants' service. He got a decree declaring his "..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. ......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. ......oss objection No. 18 of 1985). Judgment: Mustafa Kamal J.- In Money Suit No. 186 of 1978 of the 3rd Court of Subordinate Judge, Dhaka, the plaintiff Gazi Abdur Rashid claimed Tk. 35,31,911.00 with interest from 1.10.77 ..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. ......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. ......dated 29th May, 1991 passed by the High Court Division in Civil Revision No. 2049 of 1990). Judgment ATM Afzal J.- The short question raised in this appeal by leave is whether the learned Judge of the High Court Division acted legally and properly in adding respondent No. 1 as opposite p..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: ...... 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: ......land under the decree to the appellants retaining other portion to themselves. After the disposal of the Second Appeal in the aforesaid suit, the case record was transmitted to the Court of Assistant Judge, Chaunarughat and it was renumbered as Title Suit No. 49 of 1988. Thereafter the appellants on..Category: Limitation Law | Date: | Hits: 175
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
.... the learned Judges of the High Court Division, by an order dated 24 April, 1992 (Criminal Revision No. 311 of 1991) refused to quash the proceedings but directed that the trial should be held by the Divisional Special Judge, Khulna, taking the ground that no Gazette Notification was produced by the......d CJ.- Accused- petitioner is facing trial for offences under section 161 of the Penal Code and section 5(2) of the Prevention of Corruption Act in the Court of Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. On his application under section 561A Cr.P.C., the learned Judges of the H......udgment: Shahabuddin Ahmed CJ.- Accused- petitioner is facing trial for offences under section 161 of the Penal Code and section 5(2) of the Prevention of Corruption Act in the Court of Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. On his application under section 561A Cr.P.C..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. ......f 1981) Judgment Mustafa Kamal J.- This is the plaintiffs appeal by leave arising out of a suit for specific performance of contract, Title Suit No. 253 of 1959 of the 1st Court of Subordinate Judge, Barisal. By judgment and decree dated 19.4.77 the trial Court dismissed the suit and on appea..Category: Property Law | Date: | Hits: 82
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. ......efusing to reject the respondent’s plaint under Order VII, rule 11 of the Code. 2. The plaintiff-respondent instituted Money Suit No. 272 of 1983 before the Third Court of Subordinate Judge, Dhaka asserting, inter alia, that the defendant, a trading company of London, offered to the ..Category: Business or Commercial Law | Date: | Hits: 124
....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.......eous Case No. 173 of 1988 and on 12.4.89 in Criminal Miscellaneous Case No. 72 of 1989.
3. The respondent alleged that her husband was arrested on 14.11.1988 and detained under section 3(2) of the Special Powers Act, that she challenged the said detention under section 491 of the Code of Criminal......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...
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. ...... 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. ...... impugned order has been passed by the High Court Division on 22 January 1992 in Criminal Appeal No. 194 of 1982, arising out of Sessions Trial No. 150 of 1980, in the Court of Additional Sessions Judge, Rangpur. 2. An incident of murder, rioting and criminal trespass took place on 20th N..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. ......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. ......ment of the trial Court and decreed the suit to the extent of 0.50 acres by rectifying and striking out of 1.00 acre of land from the impugned kabala dated 17.3.77. In Revision, the learned Single Judge of the High Court Division restored the trial Courts judgment and dismissed the suit. ..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. ......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. ......ench in Civil Order No. 111 of 1989 dated 6.7.89, summarily rejecting the application under section 115 CPC in affirmance of the judgment and decree dated 22.5.89 passed by the learned Subordinate Judge, Barisal in Title Appeal Nos. 7 and 8 of 1983 allowing the appeals and decreeing the suits in..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. ......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. ......il Appeal No. 32 of 1988 respectively). Judgment: Mustafa Kamal J: Condemned prisoner Abul Khair was convicted by the learned Sessions Judge, Noakhali in ST Case No. XXII/April/80 by his judgment and order dated 22.5.85 under section ..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. ......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. ...... 1000'00 each, in default, to Simple Imprisonment for one month by his judgment and order dated 16.6.84. 10. On appeal, Criminal Appeal No. 287 of 1986, the learned Additional Sessions Judge, 2nd Court, Dhaka by his judgment and order dated 31.12.84 set aside the order of conviction ..Category: Criminal Law | Date: | Hits: 51
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