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Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....rd-For the Appellants. NH Khondkar, Advocate-on-Record-For the Respondent 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) ......arty must adopt the form of remedy given by the statute". This principle has been followed all through by our Courts. Reference may be made to the case of Jogesh Chandra Dutta vs. Government of Bangladesh, 30 DLR 219. In that case civil Court's jurisdiction was held ousted ..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. ..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....ahman, Senior Advocate instructed by M Nawab Ali, Advocate-on-Record - for the Respondent No.1. Not Represented – Respondent Nos. 2‑3. Civil Appeal No. 5 of 1992. (From the Judgment and order dated 29th May, 1991 passed by the High Court Division in Civil Revision No. 2049 of 1990). ...... his brother Abdul Malik in the revision case. It was, inter alia, stated that the respondent and his brother have been possessing part of the suit land for a long time on the basis of lease from the Government on payment of annual lease money, that inspite of concurrent decision against the plainti..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....r Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. M Nowab Ali, Advocate-on-Record - For the Respondent. Civil Appeal No. 65 of 1990 (From the Judgment and order dated 15th March, 1990 passed by the High Court Division, Dhaka in Civil Revision No. 204 of 1...... 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)
....e Court, instructed by Md. Aftab Hossain, Advocate-on- Record -For the Petitioner. Not Represented -Respondents. Criminal petition for leave to appeal No. 62 of 1992 (From the judgment and order dated 22. 4. 92, passed by the High Court Division of the Supreme Court in Criminal Revision N......2. The learned Judges relied upon an earlier decision of the High Court Division in Criminal Appeal No. 224 of 1988 to the effect that for exercise of power of a Special Judge the Notification of the Government must be produced. The learned Judges do not appear to be aware of the fact that the requi..Category: Anti-Corruption Laws | Date: | Hits: 100
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....t and on appeal the learned Additional District Judge, Barisal by judgment and decree dated 27.6.80 affirmed the same. A learned Single Judge of the Barisal Bench, High Court Division by judgment and order dated 24.11.85 in Civil Revision No. 311 of 1981 discharged the Rule, maintaining the 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. ..Category: Property Law | Date: | Hits: 82
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....or the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-Record-For the Respondent. Criminal Appeal No. 20 of 1991 (From the Judgment and order dated 18.7.91 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 508 of 1991)......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)
....; Amirul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 32 of 1990. (From the judgment and order dated 20th November, 1990 passed by the High Court Division, Dhaka in Civil Revision Case No......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. ..Category: Business or Commercial Law | Date: | Hits: 124
....an application filed by respondent No. 1 for drawing up a proceeding for contempt of court against the appellant and others including the Home Secretary alleging wilful violation and disregard of the orders of the High Court Division to release the detenu, AT Kamruzzaman Syed, her husband, passed on......in respect of Criminal Miscellaneous Case No. 173 of 1988 was received by the jail authority on 20.2.89 and immediate action for release was taken by the jail authority after giving intimation to the Government over telephone. The detenu was brought to the jail gate to enable him to go out. As soon ..
Category: Criminal Law | Date: | Hits: 88
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....d by Md. Nawab Ali, advocate-on-Record- For the Petitioners. Not Represented -For the Respondent. Criminal Petition for leave to appeal No. 17 of 1992. (From the judgment and order dated 22‑1‑92 passed by the High Court Division, Dhaka, in Criminal Appeal No. 19...... 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)
....ate‑on‑Record ‑ For the Appellant. M Nawab Ali, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No. 7 of 1988 (From the Judgment and order dated 24th November, 1985 passed by the High Court Division, Rangpur Bench in Civil Revision......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)
....ed the said land in execution of a rent‑decree passed against the 3 sons of Rajendra Karmaker. The plaintiffs pre‑empted the sale to the extent of 2/3rd of the said land by obtaining an order of Pre‑emption in Pre‑emption Case No. 12 of 1964 of the same Court on 15.8.1964.......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. ..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....bsp; 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 302 of the Penal Code and sentenced to death. Co-accused Mainuddi......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. ..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....Court Division, Dhaka in Criminal Revision No. 90 of 1985). Judgment: ATM Afzal J: This appeal by the informant following leave arises out of an order of acquittal passed by the appellate Court and confirmed by the High Court Division in revisi......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)
....n, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent Nos. 5-6. Contempt Petition No. 1 of 1990. (Application for Contempt of Court arising out of an order dated 25.1.90 passed by this Court in Civil Petition No. 283 of 1989). Judgment: ...... 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)
....ey-General, instructed by B Hossain, Advocate‑on- Record-For the Appellant Ex - parte - For the Respondents. Criminal Appeal No. 11 of 1988. (From the judgment and order dated 5.8.1986 passed by the High Court Division, Circuit Bench, Jessore, in Criminal Refere...... Appellate Division (Criminal) Present: Shahabuddin Ahmed 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. Divisi..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
.... No. 44 of 1988). Judgment: ATM Afzal J.- These two appeals by leave arise out of a common judgment and order dated 16th August, 1990 passed by a Single Judge of the High Court Division in a proceeding u...... of the trade mark "Cock" (word and device) registered under No. 1294 in class‑ 34 in respect of safety matches in the names of the appellants. The Registrar of Trade Marks and the Government of Bangladesh (respondent Nos. 4 and 5 in CA No. 100/90 respectively) were respondents N..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....nt Attorney‑General, with him), instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondents. Civil Appeal No. 49 of 1990 (From the judgment and order dated 12.11.1989 passed by the High Court Division, Dhaka, in Writ Petition No. 1270 of 1989......(AD) Rules 1973, replaced by the Supreme Court (AD) Rules 1988. He then filed a Writ Petition before the High Court Division (WP No. 1270 of 1989) seeking, among other things, a direction upon the Government and the Registrar of the Supreme Court to allow him to practice in the Appellate Divisio..Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... Muslim Ali, In person-For the Petitioner. Not Represented – The Respondents. Civil Petition for Leave to appeal No. 149 of 1992 (From the Judgment and order dated 10.5.1990 passed by the Administrative Appellate Tribunal in Appeal No. 35 of 1989). ......ative Tribunal dated 6.8.89 in Administrative Tribunal Case No. 172 of 1988. 2. The petitioner, a former Upazila Magistrate and Officer on Special Duty, Ministry of Establishment, Government of the People's Republic of Bangladesh, appeared in Person. 3. Following de..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....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) ...... them. Appellant, No. 1 was suspended on 12 November, 1981 and Appellate No 2 was suspended on 26 December, 1981. Formal charge‑ sheet was submitted against them on 26th April, 1982 under the Government Servants (Discipline and Appeal) Rules, 1976 for "misconduct corruption". ..Category: Employment/Service Law | Date: | Hits: 68
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