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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. ...... Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment March 19th, 1992. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Supreme Court, (Mahbubey Alam......ot;Government Rules" were never followed or applied by the BJMC in the cases of their employees before July, 1990. He has produced before us a notification under Article 25 of the President's Order No. 27 of 1972 (Bangladesh Industrial Enterprises Nationalisation Order) which shows that the..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. ......60 SC 289 (290); Mohan Singh Vs. State of Punjab AIR 1963 SC 174; Khem Karan Vs. State of UP AIR 1974 SC 1567; Dharam Pal Vs. State of UP AIR 1975 SC 1917 (1921 &1922); AIR 1978 SC 1233. Lawyers Involved: Rabeya Bhuiyan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Rec......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. ..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. ...... the Janata Bank are workers and that the civil Court got no jurisdiction to entertain a suit for redress of any grievance of those workers in connection with their termination. 9. A Labour Law, such as the Employment of Labour (Standing Orders) Act, or the Industrial Relations Ordinance......spondent No. 1. Not Represented-Respondent Nos. 2-3. Civil Appeal No. 3 of 1991. From the judgment and order dated 25.2.90 passed by the High Court Division, Dhaka, in Civil Order No. 579 of 1990) Judgment: &nb..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. ...... Vs. Sonali Bank and others................................... Respondents [In CA No. 68/90] Judgment February 4th, 1991. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by B Hossain, Advocate-o......r the Respondent No. 4 in CA No. 68/90. Not Represented - Respondent Nos. 2-5 in CA No. 61/90. Civil Appeal Nos. 61 & 68 of 1990. (From the Judgment and Order dated 25.3.90 passed by the High Court Division, Dhaka in first Appeal No. 17 and 19 ..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. ......and the minimum that is required to be 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......y, however, add a party even at the revision stage in a proper case and the minimum that is required to be 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, Se..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: ......Bibi alias Rezian Nahar and another.........................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 - ......gh Court Division heard the revision cases together and made the Rules absolute, Leave was granted to consider whether the learned' Single Judge of the High Court Division was correct in holding that Order 22 rule 10 of the Code of Civil Procedure was not attracted in the facts of the case inasmuch ..Category: Limitation Law | Date: | Hits: 175
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....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. ......amal J Latifur Rahman J Mozahar Ali Howlader………………….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 Hossai......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)
....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. ......eing dead his heirs Saleha Begum and other ...................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......ior Advocate, (Dr. Rafiqur Rahman, Senior Advocate with him) instructed by Serajur Rahman, Advocate‑on‑Record‑For the Respondent No. 4. Civil Appeal No. 13 of 1987 (From the Judgment and Order dated 24.11.85 passed by the High Court Division, Barisal Bench in Civil Revision No. 311 of 1..Category: Property Law | Date: | Hits: 82
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....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. ......J ATM Afzal J Mustafa Kamal J Latifur 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 ......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)
....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. ...... Cal. 659; Peoples Insurance Co. Vs. Benoy Bhusan 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 Ahm......; MH Rahman J: This appeal is directed against a concurrent Judgment refusing to reject the respondent’s plaint under Order VII, rule 11 of the Code. 2. The plaintiff-respondent instituted Money Suit No. 272 of..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.......nt.
Vs.
Tahera Nargis Syed and another............... 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) instruc......Respondent No. 1.
B Hossain, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-on-Record-For the Respondent (State) No. 2.
Criminal Appeal No. 14 of 1989.
(From the Judgment and Order dated 31.5.89 passed by the High Court Division, Dhaka in Criminal Contempt Case No. 6 of 1989..
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. ......1992 Lawyers Involved: Sirajul Huq, Senior Advocate, Supreme Court, instructed by Md. Nawab Ali, ...... 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)
....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. ......……Appellants. Vs. Mosammat Kafizan Bibi………..…………….Respondent Judgment August 18th, 1991. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate‑......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)
....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. ......ahman J Narayan Chandra Rajak Das......... 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‑......ted by Sharifuddin Chaklader, Advocate-on -Record-For the Respondent Nos. 1 and 2. Not represented-Respondent Nos 3 and 5. Civil Appeal No. 29 of 1990. (From the Judgment and Order dated 6.7.89 passed by the High Court Division. Barisal Bench in Civil Order No. 111 of 1989..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. ......J Mustafa Kamal J Latifur 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. Na......wab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the High Court Division in Death Reference No. 1 of 1985 with Crimina..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. ............. Complainant-Appellant Vs. Ali Mollah and another…………………... Accused-Respondents Judgment March 25th, 1992. Lawyers Involved: Moksudor Rahman, Senior Advocate, Supreme Court, (Lutfur Rahman Mazumdar,...... B. Hossain, Deputy Attorney‑General instructed by Zinnur Ahmed, Advocate-on-Record-For the Respondent No. 2 (State). Criminal Appeal No. 21 of 1990. (From the Judgment and Order dated 24 October, 1989 passed by the High Court Division, Dhaka in Criminal Revision No. 90 ..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. ...... Mujibur Rahman & others...............Respondents Judgment June 10th, 1991 Lawyers Involved: Moinul Huq, Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record -......ule is discharged. Mustafa Kamal J: The decision in this case is unanimous, but I would like to add that the Civil Rules and Orders (Volume 1) issued by the authority of the Supreme Court (High Court Division), (1981), deals..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. ......the People's Republic of Bangladesh ......... ......Appellant Vs. Divisional Special Judge, Khulna Division and anr...........Respondents Judgement May 3rd, 1992. Lawyers Involved: A. Wadud Bhuiyan, Additional Attorney-General, instructed by B Hossain, 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. ..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....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. ......hellip;.Appellant Vs. Bangladesh 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-Reco......d ‑For the Respondent Nos. 34 (In CA 36/1990) Not Represented‑Respondent No. 2 (In CA 36/1991) Civil Appeal Nos. 100 of 1990 and 36 of 1991 (From the Judgment and Order dated 16th August, 1990 passed by the High Court Division, Dhaka In Matter No. 44 of 1988). ..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... 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. ......nbsp; Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice, Bangladesh Secretariat, Dhaka and another .....................Respondent J......erstwhile High Court of East Pakistan at Dhaka immediately before the 26th day of March 1971, and when the High Court of Bangladesh was established under the Provisional Constitution of Bangladesh Order 1972, read with the High Court of Bangladesh Order, 1972‑President’s Order No. 5 ..Category: Others | Date: | Hits: 92
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