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Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....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. ......waruddin, Advocate Supreme Court, instructed by Md. Sajjadul Huq, Advocate‑on ‑Record‑‑For the Respondent. Civil Appeal No. 25 of 1990. (From the judgment and order dated 10.3.87 passed by the High Court Division, Dhaka in Writ Petition No. 355 of 1985) ..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. ......n, Advocate‑on ‑Record, Supreme Court‑For the Respondent No. 1. Ex parte‑Respondent No. 2. Criminal Appeal No. 16 of‑1989. (From the judgment and order dated 28.5.1989 passed by the High Court Division, Dhaka, in Suo Motu Contempt Rule No. 189 o..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. ...... ATM Afzal J: These two appeals, Criminal Appeal Nos. 21 of 1991 and 22 of 1991, by leave, arise out of the judgment and order dated 21 August 1991 passed by a Division Bench of the High Court Division in Criminal Misc. ..Category: Constitutional Law | Date: | Hits: 150
....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:
...... 1215 of 1988 as having been issued without any lawful authority and to be of no legal effect and calling for a direction upon the respondents to cancel, rescind or withdraw the same. By judgment and order dated 27.8.91 the High Court Division discharged the Rule. This appeal is by leave from the sa..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... 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. ......e for review of a judgment of this Court dated 20.7.87 in Civil Appeal No. 5 of 1986, reported in 40 DLR (AD) 75 =1988 BLD (AD) 149, allowing the defendant's appeal and setting aside the judgment and order passed by a learned Single Judge of the High Court Division on 16.9.85 in Civil Revision Case ..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. ......cate‑on‑Record‑ For the Petitioner. Not represented ‑Respondents. Criminal Petition for Special Leave to Appeal No. 57 of 1988 (From the judgment and order dated 1.9.87 passed by the High Court Division's Session at Barisal in Criminal Appeal No. 1..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....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. ......m, Deputy Attorney‑General, instructed by Mvi. Md. Wahidulla, Advocate-on‑Record ‑ For the Respondent. Criminal Appeal No. 2 of 1991 (From the judgment and order dated 30.10.89 passed by the High Court Division, Dhaka, in Criminal Appeal No. 261 of 1986)..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)
....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. ...... Khondker Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Ozair Farooq, Advocate-on-Record-For the Respondent. Civil Appeal No. 6 of 1990 (From the judgment and order dated 6th June, 1988 passed by the High Court Division, Dhaka, in Writ Petition No. 111 of 1..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......e‑on‑Record- For the Respondent Nos. 1‑2. Not Represented ‑Respondents 3‑74. Civil Appeal No. 46 of 1989. (From the Judgment and order dated 17th February, 1988 passed by the High Court Division, Comilla Session, Comilla in Civ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......the case on patta, touzi, bakizal and dakhilas, little realising that the superstructure cannot stand without foundation. 16. Both the Courts below concurrently found judgment from copies of orders in criminal cases and revenue proceedings, Ext. C series that the contesting defendants were..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ......ty Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑onRecord ‑For the Respondent. Criminal Appeal No. 2 of 1992. (From the judgment and order dated 25th November, 1991 passed by the High Court Division in Criminal Revision No. 3469 of..Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 77
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: ......half of the petitioner before the Senior Special Judge praying for stay of 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 th..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. ......Mvi. Md. Wahidullah, Advocate‑on‑Record For the Respondent No.1. Ex‑parte ‑ Respondent Nos. 2.15. Civil Appeal No. 69 of 1986 (From the Judgment and order dated 25th May, 1986 passed by the High Court Division, Circuit Bench, Jessore in Civil Revi..Category: Civil Law | Date: | Hits: 106
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... 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. ......enior Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate‑on‑Record‑ For the Respondent. Civil Appeal No. 31 of 1988 (From the Judgment and order dated 28.4.85 and 29.4.85 passed by the High Court Division, Chittagong Bench in Application..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. ...... (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 (From the Judgment and order dated 13th May, 1991 passed by the High Court Division in Criminal Revision No. 936 of 1990. ..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. ......(Md. Fazlul Huq, Advocate with him), Instructed by Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For the Respondent. Civil Appeal No. 44 of 1991 (From the Judgment and order dated 5th August, 1991 passed by the High Court Division, Dhaka Civil Order No. 2240 of 1991..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... 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. ...... the Respondent Nos. 3 (In Civil Appeal No. 4 of 1991). Not Represented ‑Respondent Nos. 1, 2, 4 to 12 (In Civil Appeal No. 4 of 1991). Civil Appeal No. 35 of 1987 (From the judgment and order dated 17th June, 1987 passed by the High Court Division in Writ Petition No. 240 of 1987) ..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... 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. ......l, 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 by the High Court Division, Dhaka in Writ Petition No. 2306 ..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. ...... Syed Ishtiaq Ahmed, Senior Advocate instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For Respondent No. 2 Civil Appeal No. 11 of 1991 (From the Judgment and order dated 30, 10.90 passed by the High Court Division, Dhaka in Civil Order No. 1985 of 1990). ..Category: Employment/Service Law | Date: | Hits: 89
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