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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. ...... not respond to the said notice of Rajeshwar. The deed of agreement Ext.1 thus stands rescinded. 4. Defendant No. 2 the Bank, in its written statement contended that the Bank had filed Certificate Case No. 354 (CB) of 1957-58 for realisation of money due from deceased defendant No.1 and without p..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. ......d. 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). Judgment: Latifur Rahman J : This appeal is directed against the judg..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. ......Peat (Trading) Limited ………………..Appellant Vs. Md. Fazlur Rahman. ................ Respondents Judgment January 29th, 1992. Cases Referred To: Stephens & Co. Vs. Auerbach reported in 1908 (2) KB 161; Entores Ltd..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.......d, 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)
Judgment
ATM Afzal J.- This appeal, as of right, by the appellant, who at..
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. ......979 at about 7.30 AM over the possession of a paddy land. Informant, PW 1, lodged an ejahar on which the police started this case and after investigation sent up these eleven petitioners for trial. Case of the prosecution is that the land belonged to, and was in possession of, his wife PW 2, tha..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. ......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. ......ree 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. The plaintiffs have since raised new structures..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. ......8 respectively). Judgment: 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 ..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. ......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)
.... 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. ......will not be committed for contempt for violating this Courts order dated 25.1.90, passed in Civil Petition for Special Leave to Appeal No. 283 of 1989 staying further proceeding in Title Execution Case No. 1 of 1986 pending in the Court of Assistant Judge, Kushtia Sadar. The execution case arose..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. ......Khulna. These cases had been earlier transferred by the Sessions Judge and Ex‑officio Senior Special Judge, Khulna, to the Divisional Special Judge, Khulna, for disposal. Similarly, Special Case Nos. 8, 9, 12, 13 and 14 of 1982 and Special Case No. 7 of 1985 were pending in the same cour..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. ......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)
.... 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
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ......e judgment and order dated 10.5.1990 passed by the Administrative Appellate Tribunal in Appeal No. 35 of 1989 upholding those of the Administrative Tribunal dated 6.8.89 in Administrative Tribunal Case No. 172 of 1988. 2. The petitioner, a former Upazila Magistrate and Officer on Sp..Category: Administrative Law | Date: | Hits: 123
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. ...... the goods in question had been taken away by the dacoits, for which an Ejahar was also lodged with the police, which ultimately resulted in the prosecution of some persons for dacoity in Criminal Case No. 303 of 1983. But the Respondent‑Corporation (which was the "authority" und..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. ...... of 1988 and prayed for ad‑interim injunction. The High Court Division, by an order dated 23 August, 1988, issued a Rule and passed an order for maintaining status quo till 2 November, 1988. Case of the appellant and other plaintiffs is that the Administrator (Defendant No. 1 of the suit) ..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. ......he Respondent in both the appeals Criminal Appeal No. 21 & 22 of 1991. (From the Judgment and Order dated 21 August 1991 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 506 and 507/91). Judgment: ..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:
...... Majority decision the appeal 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:
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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. ......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 No. 720 of 1984. 2. The plaintiff‑appellant filed Title Suit No. 355 of 1976 for declarati..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. ......eking leave to appeal against the judgment of the High Court Division dated 1 September 1987 disposing of Criminal Appeal No. 110 of 1985. The appeal was from the Session Judge's order in Sessions Case No. 36 of 1984, Patuakhali, convicting five accused persons (respondents Nos. 1‑5 in thi..Category: Criminal Law | Date: | Hits: 92
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