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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. ......rt, instructed 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 ..

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. ...... No. 1627 of 1981) Judgment:                 Latifur Rahman J.- This appeal by the plaintiff calls in question the judgment and order of the High Court Division, Rangpur Bench, passed in Civil Revision No. 1627 of..

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. ......ndant is by leave from Judgment of the High Court Division, Barisal Bench in Civil Order No. 111 of 1989 dated 6.7.89, summarily rejecting the application under section 115 CPC in affirmance of the judgment and decree dated 22.5.89 passed by the learned Subordinate Judge, Barisal in Title Appeal ..

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. ......nt:          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-acc..

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. ......326 Penal Code, convicted them accordingly and sentenced them to Rigorous Imprisonment for 1 (one) year and a fine of Tk. 1000'00 each, in default, to Simple Imprisonment for one  month by his judgment and order dated 16.6.84. 10. On appeal, Criminal Appeal No. 287 of 1986, the learn..

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. ...... 242 of 1984. That decree was affirmed by the appellate Court. The High Court Division dismissed the petitioner's Civil Revision No. 193 of 1986 on 16.3.89 and refused to stay the operation of its judgment. The petitioner preferred Civil Petition for Special Leave to Appeal No. 283 of 1989 on 6...

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. ......tional Attorney-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 Cri..

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. ......haka In Matter 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 ..

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. ......ader, Assistant 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...

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. ......ative Appellate Tribunal in Appeal No. 35 of 1989). Judgment:             ATM Afzal J : This application is from the judgment and order dated 10.5.1990 passed by the Administrative Appellate Tribunal in Appeal No. 35..

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. ......uazi A T Monwaruddin, 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 ..

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. ...... B Hossain, 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 R..

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. ......Judgment:               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 Cr..

Category: Constitutional Law | Date: | Hits: 150

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1992, 21 CLC (AD)

....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: ...... (From the Judgment and Order dated 27.8.91 passed by the High Court Division in Writ Petition No. 1215 of 1988). Judgment MH Rahman J.- I have had the advantage of going through the judgments proposed to be delivered by my learned brothers Mustafa Kamal and Latifur Rahman, JJ. I co..

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. ......therwise at par and stand on the same footing. The plaintiff’s document will fail simply because it could not stand up to the challenge thrown up by the defendant on other grounds. So, the impugned judgment under review need not be disturbed. The appeal is dismissed……….(12,17,18) Lawyer..

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. ......Hossain, Advocate‑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 ..

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. ...... Shamsul Alam, 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. ..

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. ......Appellants. 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 ..

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. ...... 1985). Judgment:            Latifur Rahman J.- This appeal by leave at the instance of defendants is directed against the judgment and decree of the High Court Division, Comilla Session, Comilla passed in Civil Revision N..

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. ......in Second Appeal No. 703 of 1962) Judgment:                  Shahabuddin Ahmed CJ.- I have gone through the judgments written by my learned brothers Mustafa Kamal and Latifur Rahman, JJ. I concur with the ju..

Category: Property Law | Date: | Hits: 52