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Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
................................. 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. 61/90 and respo...... 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. ......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)
....e found in such a case is that the presence of such a party is necessary 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......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. ......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)
...........................Appellant 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, A......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: ...... 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)
....wlader………………….Accused-Petitioner. 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. ......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. ......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
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
...........Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others…………………… Respondents Judgment April 23, 1992. Lawyers Involved: Khondker Mahabubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate‑onÂ-Recordâ......Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha BeÂgum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others…………………… Respondents Judgment ......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. ..Category: Property Law | Date: | Hits: 82
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....atifur Rahman J AKM Mosharaf Hossain...............Accused‑Appellant Vs. The State.................Respondent Judgment March 8th, 1992. Lawyers Involved: Rokunuddin Mahmud, Advocate (Mr. Tamizul Haque, Advocate with him), instructed by Md. Aftab Hussain, Advocate-On-Record......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. ......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)
....usan 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 Appellant. &nbs......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. ......sion in clause (c) of section 20 in the present Code the above explanation was dropped. 14. With regard to Expl. 3 Richardson J. held in the Bengal Provident and Insurance Co. Lt. Vs. Kamini Kumar Choudhury 22 CWN 517 that it is not "justifiable to interpret the language of the C..Category: Business or Commercial Law | Date: | Hits: 124
............... Respondents
Judgment
July 28, 1991
Result:
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 th......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......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.......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)
....; Lawyers Involved: Sirajul Huq, Senior Advocate, Supreme Court, instructed by Md. Nawab Ali, advocate-on-Record- For the Petitioners. ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Samad @ AKM Abdus Samad and others................. Petitioners. Vs. The State................. Respondent Judgment ...... 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. ..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....s. Mosammat Kafizan Bibi………..…………….Respondent Judgment August 18th, 1991. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Appellant......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. ......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)
.......... Appellant Vs. 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. Khanda......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 ......ing to SA khatian No. 2994 of JL No. 50 belonging to mouza Bawa Alokanda (of which the suit premises in the other suit is a part) belonged to Rajendra Lal Karmaker who died leaving 3 sons, namely, Dilip Kumar, Hirendra Nath Karmaker and Dhirendra Nath Karmaker. The aforesaid land comprising 0'08...... SA khatian No. 2994 of JL No. 50 belonging to mouza Bawa Alokanda (of which the suit premises in the other suit is a part) belonged to Rajendra Lal Karmaker who died leaving 3 sons, namely, Dilip Kumar, Hirendra Nath Karmaker and Dhirendra Nath Karmaker. The aforesaid land comprising 0'080 acre..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....ifur Rahman J Abul 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 th......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......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. ......er of the Union Parishad PW 8 Amiruzzarnan and many others rushed to the plaice of occurrence immediately on hearing gunshots. Safiuddin was administered first aid by two local doctors, Dr. Ranjit Kumar Majumder and Dr. Delwar but Safiuddin succumbed to the injuries at about 11‑30 AM. The ..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
.... Mollah and another…………………... Accused-Respondents Judgment March 25th, 1992. Lawyers Involved: Moksudor Rahman, Senior Advocate, Supreme Court, (Lutfur Rahman Mazumdar, Advocate, Supreme Court with him) instructed by M......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. ......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)
..............Respondents Judgment June 10th, 1991 Lawyers Involved: Moinul Huq, Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record - For the Petitioner. Abdul Hu......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. ...... 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)
.... 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. C...... 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. ...... 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 InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....desh Chemical Industries 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) ...... 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. ......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)
.... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shamsuddin Ahmed, Advocate ……………………………&he......; Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and ...... 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. ..Category: Others | Date: | Hits: 92
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....retary, Principal Office, Kawran Bazar, Dhaka………………Respondent Judgment October 31st, 1991. Lawyers Involved: Abdur Rab‑I, Advocate‑on‑Record, Supreme Court‑‑For the Appellants. Quazi A T Mon......) 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......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. ..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....Law and Justice Division and another ………………… Respondents Judgment May 14th, 1992. Lawyers Involved: Abu Taher Chowdhury, Advocate, Supreme Court, instructed by Ataul Huq, Advocate‑on‑ Record ‑For the Ap...... 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...... unaffected for some time. 3. But a few days thereafter, i.e. on 21st October, 1988 at about 9‑00 PM, Chairman of Ward No. 37 of the Municipal Corporation‑Mr. Awlad Hossain alias Dilip‑suddenly appeared on the scene, Zaker Super Market, being armed with a pistol and accom......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. ..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....cused‑Appellant (in both the Appeals) Vs. State .......................Respondent Judgment February 24th, 1992. Lawyers Involved: Abdul Malek Senior Advocate, (Rafiqul Huq, Senior Advocate with him) instructed by Shamsul Huq Siddique, Advocate̴...... Afzal J Mustafa Kamal J Latifur Rahman J Shaikh Shahidul Islam……………....……Accused‑Appellant (in both the Appeals) Vs. State .......................Respondent Judgment February 24th, 1992. ......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. ......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. ..Category: Constitutional Law | Date: | Hits: 150
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