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Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)

....rder dated 13.1.91 passed by the High Court Division in FMA No. 261 of 1990) Judgment Mustafa Kamal J.- By a judgment and order dated the 28th November 1989 the learned Subordinate Judge, 2nd Court, Chittagong in Miscellaneous Case No. 38 of 1988 made the Arbitrator's award dated ......considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......ed. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......d Arbitrator. As the Vice‑Chancellor failed to arbitrate in the matter the contractor-appellant obtained the appointment of Engineer Alhaj Md. Aflatoon, then the Chief Establishment Officer (East), Bangladesh Railway, Chittagong as the sole Arbitrator on an application before the learned Subordina..

Category: Alternative Dispute Resolution | Date: | Hits: 202

Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)

....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......lute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ...... it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......ithout giving any indication of application of the judicial mind to the question as to whether the case is a fit one for appeal to this Division. Beginning with the case of Kazi Muklesur Rahman vs. Bangladesh, 26 DLR (SC) 44 this Division has been persistently holding that there must be an indic..

Category: Property Law | Date: | Hits: 110

State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)

....ence reference. The impugned order is dated 25 January 1988. 2. The four accused‑respondents before us, namely, Mantu, Kabul, Sayedur Rahman and Bakkar, were convicted by the Sessions Judge, Naogaon, by an order dated 8th February 1986 under sections 302/34 of the Penal Code for the...... is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......cted to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh...................  Appellant.  Vs. Montu alias Nazrul Haque &..

Category: Criminal Law | Date: | Hits: 93

Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)

....ot being heritable. 2. The predecessor of the respondents as plaintiff‑landlord obtained an ex parte decree on 14.7.84 in SCC Suit No. 13 of 1983 of the Court of Small Causes and First Assistant Judge, Dhaka for eviction of the predecessor of the appellants as tenant. The decree was executed on......g the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......pellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ..

Category: Tenancy Law | Date: | Hits: 90

Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)

....bsp; Shahabuddin Ahmed CJ.- The question raised in this leave petition relates to interpretation of section 4 of the Muslim Family Laws Ordinance, 1961. The interpretation given by a learned Single Judge of the High Court Division (on 6 March 1991 in Civil Revision No. 669 of 1986) is under chal...... High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......urt Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ..

Category: Others | Date: | Hits: 93

Bangladesh Freedom Fight­ers Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)

.... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ......decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ......the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ......4 DLR (AD) 273, 1992 BLD (AD) 199. ..

Category: Employment/Service Law | Date: | Hits: 93

Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)

....d 13.4.62 and as such this document is not a document of transfer and on that view disallowed the application for pre­emption. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division was correct in holding on its face value that the Muktipatra is on......ngle Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......ge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......2 to the effect that the case land belonged to Swapan Kumar and his family, that Swapper’s "Pisi" Sannayashi Dasi used to reside in the case land till her death after liberation of Bangladesh, that Momtaz Ali failed to prove his motive for acquisition of the case land in the bena..

Category: Property Law | Date: | Hits: 106

Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD

....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ...... appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......nt reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment March 19th, ..

Category: Employment/Service Law | Date: | Hits: 67

Rafiqul Islam Vs. State, 1992, 21 CLC (AD)

....al Code the conviction of the appellant for his alleged involvement in the transaction of murder was justified. 2. The appellant along with seven others was tried by the Additional Sessions Judge, First Court Comilla under sections 302/149 of the Penal Code. One Shahid Mia (absconding) wa...... the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..

Category: Criminal Law | Date: | Hits: 65

Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)

.... Rupali Bank and others are the appellants. Plaintiff, an Assistant Cashier of this Bank is the main respondent, (No. 1). The matter arises from a suit filed by the respondent before the Assistant Judge challenging his termination from the appellants' service. He got a decree declaring his "......ter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......ecree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 130

Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)

....oss objection No. 18 of 1985). Judgment:           Mustafa Kamal J.- In Money Suit No. 186 of 1978 of the 3rd Court of Subordinate Judge, Dhaka, the plaintiff Gazi Abdur Rashid claimed Tk. 35,31,911.00 with interest from 1.10.77 ...... 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. ......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. ......iff that after the delivery of 2,308 metric tons of salt, defendant No. 3 handed over to him 5 barge receipts of 942 metric Otis of salt. The salt was lying in the barges of defendant No. 5, BIWTC, Bangladesh Inland Water Transport Corporation. Without letting the plaintiff knows anything about i..

Category: Business or Commercial Law | Date: | Hits: 99

Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)

....dated 29th May, 1991 passed by the High Court Division in Civil Revision No. 2049 of 1990). Judgment  ATM Afzal J.- The short question raised in this appeal by leave is whether the learned Judge of the High Court Division acted legally and properly in adding respondent No. 1 as opposite p......us cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......t be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..

Category: Property Law | Date: | Hits: 67

Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)

....land under the decree to the appellants retaining other portion to themselves. After the disposal of the Second Appeal in the aforesaid suit, the case record was transmitted to the Court of Assistant Judge, Chaunarughat and it was renumbered as Title Suit No. 49 of 1988. Thereafter the appellants on......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: ......ntitled 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: ...... 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)

....udgment: Shahabuddin Ahmed CJ.- Accused- petitioner is facing trial for offences under section 161 of the Penal Code and section 5(2) of the Prevention of Corruption Act in the Court of Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. On his application under section 561A Cr.P.C......t Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......on is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 100

Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)

....f 1981) Judgment Mustafa Kamal J.- This is the plaintiffs appeal by leave arising out of a suit for specific performance of contract, Title Suit No. 253 of 1959 of the 1st Court of Subordinate Judge, Barisal. By judgment and decree dated 19.4.77 the trial Court dismissed the suit and on appea......s 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. ......e 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. ......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)

....and acting in conspiracy with others abated the misappropriation of more than Taka six crores in connection with export of fertilizer to Nepal. 3. Leave was granted to consider whether the learned Judges of the High Court Division upon a proper interpretation of section 497 of the Code of Crimina......re 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. ......e 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. ......nst the judgment and order passed by the High Court Division in Miscellaneous case No. 508 of 1991 on 18.7.91 refusing bail of the accused -appellant. 2. The appellant who was a former Chairman of Bangladesh Chemical Industries Corporation is an accused along with two others in Motijheel PS Case ..

Category: Anti-Corruption Laws | Date: | Hits: 92

Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)

....efusing to reject the respondent’s plaint under Order VII, rule 11 of the Code. 2. The plaintiff-respondent instituted Money Suit No. 272 of 1983 before the Third Court of Subordinate Judge, Dhaka asserting, inter alia, that the defendant, a trading company of London, offered to the ......n 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. ......risdiction 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. ......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

Shamsur Rahman, Deputy IG of Prisons, Dhaka Central Jail, Dhaka Vs. Tahera Nargis Syed & another, 1991, 20 CLC (AD)

....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.......ice 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....... 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.......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...

Category: Criminal Law | Date: | Hits: 88

Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)

.... impugned order has been passed by the High Court Division on 22 January 1992 in Criminal Appeal No. 194 of 1982, arising out of Sessions Trial No. 150 of 1980, in the Court of Additional Sessions Judge, Rangpur. 2. An incident of murder, rioting and criminal trespass took place on 20th N......th 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. ......nding 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. ...... 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)

....ment of the trial Court and decreed the suit to the extent of 0.50 acres by rectifying and striking out of 1.00 acre of land from the impugned kabala dated 17.3.77. In Revision, the learned Single Judge of the High Court Division restored the trial Courts judgment and dismissed the suit. ......n 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. ......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