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Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......man, Advocate, Supreme Court, instructed by Abdul Baset Majumder, Advocate‑on‑record ‑ For the Respondent No. 1. Civil Appeal No. 81 of 1990 (From the judgment and order dated 1.2.90 passed by the High Court Division, Dhaka, in Civil Revision No. 709 of 1988). ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......ment: MH Rahman J: Respondents filed Title suit No. 21 of 1966 for a declaration that the order dated 17th December, 1963 of the Additional Deputy Commissioner (Rev) Bakerganj passed in Cas..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......: ATM Afzal J: This appeal by defendant Nos. 2 and 3, following leave, arises out of judgment and order dated 16 August, 1990 passed by a Single Judge of the High Court Division, Dhaka in Civil Rev..Category: Property Law | Date: | Hits: 58
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ....... Upon a reference to the judgment of the trial Court it is found that the learned Assistant Judge comprehensively considered the fact of the judgment‑debtor's possession at the date of the sale in order to see whether the suit could be said to be covered either by Article 138 or 137. It may be no..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....tion to deliver to Anis & Co. (specified person). Thus, in the present case by "full endorsement" there is clear intention to transfer the cement in question in favour of respondent No.1 Strictly speaking, no person but the consignee, as in the present case, Transclear, Switzerland when the bill......e Respondent No. 4 (In Civil Appeal No. 23 of 1991) Not represented ‑ Respondent Nos. 2‑3. (In Civil Appeal No. 23 of 1991) Civil Appeal Nos. 22 & 23 of 1991. (From the Judgment and order dated 11.02.91 passed by the High Court Division, Dhaka in Writ Petition No. 6 of 1991.) Ju..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......n Civil Appeal No. 52 of 1989) Alimuzzaman Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For Respondent No. 2 (In Civil Appeal No. 53 of 1989) Substituted vide order dated 24.10.89 who are already on record ‑ Respondent No. 5 (in CA No‑52/1989) Substitu..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....mant. PW 9 a local member merely stated that the informant party had told him about recognition of the accused. Admittedly he is not a charge sheeted witness. PW 10 another witness of corroboration speaking in the same vein admitted in cross‑examination that he was not a cited witness in th......3). Judgment: ATM Afzal J.- This appeal by the 4(four) accused‑appellants, who are full brothers, is from the judgment and order dated 16 January, 1990 passed by a Division Bench of the High Court Division (Barisal Session..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......l J: This appeal by leave at the instance of the first party‑appellant arises out of a proceeding under section 145 of the Code of Criminal Procedure and is directed against the judgment and order dated 27 June, 1989 passed by a Division Bench of the High Court Division, Dhaka making the R..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ...... by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent No. 1 Not Represented ‑ Respondent No. 2 Civil Appeal No. 1 of 1988 (From the judgment and order dated 2nd September, 1987 passed by the High Court Division Sessions at Chittagong in Civil O..Category: Procedural Law | Date: | Hits: 110
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......te‑on‑Record ‑ For the Appellants. B Hossain, Advocate‑on‑Record ‑ For the Respondent. Criminal Appeal No. 1 of 1991 (From the Judgment and order dated 28th May, 1990 passed by the High Court Division, Barisal Session, in Death Reference ..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......nding of fact without assigning any reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......09; For respondent Nos. 1 (f) to 1 (h). Not Represented ‑ Respondent Nos. 1 (a) to 1 (e), 1 (f) to 1(j) & 2 to 22. Civil Appeal No. 70 of 1986 (From the Judgment and order dated 5.8.86 passed by the High Court Division, Circuit Bench Chittagong in First Appeal No...Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....curity court has power to reverse the order appealed against in its entirety it will have also power to suspend the operation of the order during the pendency of the appeal. It was observed: Strictly speaking, the matter does not fall to be governed by Order XXXIX, rule 1, CPC. In our opinion, the p......b Hossain, Advocate‑on‑Record ‑For the Respondent No, 2. Ex parte‑ Respondent No. 1. Syed Amirul Islam, Advocate- Amicus Curie. Civil Appeal No. 27 of 1987. (From the judgment and order dated 10th July, 1986 passed by the High Court Division, Dhaka in Writ Petition No. 547 of 198..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......Aftab Hossain, Advocate‑on‑Record ‑ For the Respondent No.1. Ex‑parte‑ Respondent Nos. 2 & 3. Civil Appeal No.9 of 1986 (From the Judgment and order dated 19th November, 1985 passed by the High Court Division, Dhaka in Civil Revision No.773 o..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......eneral, (Sharifuddin Chaklader, Assistant Attorney‑General, with him) instructed by AW Mallik, Advocate‑on‑Record. Civil Appeal No. 25 of 1991 (From the judgment and order dated 6th March, 1991 passed by the High Court Division, Dhaka in Writ Petition No. 136 of 1..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......m the pond as the heirs of the CS recorded tenant while the Government claim it as khas land. However, the petition for condonation of delay in filing the appeal was rejected by the District Judge by order dated 21.8.88 from which a revision, CR No. 977 of 1988, was taken by the defendants with succ..Category: Limitation Law | Date: | Hits: 185
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......Advocate‑on‑Record ‑ For the Petitioners. Not represented ‑ For Respondents. Civil Petition for Leave to Appeal No. 103 of 1991 (From the Judgment and order dated 26.7.90 passed by the High Court Division, Dhaka in First Miscellaneous Appeal No. 34 o..Category: Procedural Law | Date: | Hits: 99
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......ts. B Hossain, Deputy Attorney General, instructed by Md Wahidullah, Advocate‑on‑Record -For the Respondent. Criminal Appeal No. 13 of 1989 (From the Judgment and order dated 26th January, 1987 passed by the High Court Division, Jessore Sessions, Jessore in Deat..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......Appellants. SC Das, Advocate instructed by Sharifuddin Chaklader, Advocate‑on ‑Record ‑For Respondent No. 1. Civil Appeal No. 31 of 1986 (From the Judgment and order dated 14.1.85 passed by the High Court Division, Chittagong Bench in the Civil Revision No. ..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......209; on ‑Record‑ For the Appellants, Md. Nowab Ali, Advocate‑on‑Record ‑For the Respondent. Criminal Appeal No. 7 of 1991. (From the judgment and order dated 31st October, 1990 passed by the High Court Division, Dhaka in Criminal Miscellaneous C..Category: Criminal Law | Date: | Hits: 60
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