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Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ...... passed by the High Court Division, Barisal Bench in First Appeal No. 123 of 1980). Judgment Mustafa Kamal J.- The appeal by leave by defendant Nos. 1 and 2 is from the first appellate judgment and decree dated 23‑8‑88 passed by the High Court Division, Barisal Bench in First Appe..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ......l Alam, Deputy Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑onRecord ‑For the Respondent. Criminal Appeal No. 2 of 1992. (From the judgment and order dated 25th November, 1991 passed by the High Court Division in Criminal Revision..Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......rtition, No, 39 of 1968, in the Court of Subordinate Judge, Bogra which was dismissed and on appeal, FA No. 140 of 1976, a Division Bench of the High Court Division (Rangpur Bench), by the impugned judgment dated 29 February, 1984 dismissed the same. The concurrent finding was that the suit was b..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......dge fixed 27.1.92 for pronouncement of Judgement. 7. On 11.1.92 an application was filed on behalf of the petitioner under section 344 of the Code of Criminal Procedure for stay of the delivery of judgment till disposal of the aforesaid Civil Suit, The learned Special Judge in rejecting the said ..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......Revision No. 249 of 1985). Judgment: Latifur Rahman J.- This appeal by leave at the instance of the plaintiff is directed against the judgment of the High Court Division, Jessore Bench, passed in Civil Revision No. 249 of 1985 revers..Category: Civil Law | Date: | Hits: 106
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ......ent: MH Rahman J: This appeal by special leave, at the instance of the assessee, is directed against the judgment and order dated 28.4.1985 and 29.4.1985 of a Division Bench of the High Court Division at ..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......e Judgment and order dated 13th May, 1991 passed by the High Court Division in Criminal Revision No. 936 of 1990. Judgment Latifur Rahman J.- This appeal by the accused is directed against the judgment and order passed by the High Court Division in Criminal Revision No. 936 of 1990 refusing t..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ...... Latifur Rahman J: This appeal by the defendant is directed against the judgment and order passed by a Division Bench of the High Court Division in Civil Order No. 2240 of..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......‘Record‑For the Respondent Nos. 3 (In Civil Appeal No. 4 of 1991). Not Represented ‑Respondent Nos. 1, 2, 4 to 12 (In Civil Appeal No. 4 of 1991). Civil Appeal No. 35 of 1987 (From the judgment and order dated 17th June, 1987 passed by the High Court Division in Writ Petition No. 240 ..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ......‑General, with him), instructed by Mvi. Md. Wahidullah, Advocate‑ on‑ Record ‑For the Respondents. Civil Petition for leave to appeal No. 49 of 1992 (From the judgment and order dated 28th November, 1991 passed by the High Court Division, Dhaka in Writ Petit..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......haka in Civil Order No. 1985 of 1990). Judgment: Mustafa Kamal J: This appeal by leave by defendant‑appellants is from the judgment and order of the High Court Division in Civil Order No. 1985 of 1990 dated 30.10.90 reject..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......49 of 1968.) Judgment: ATM Afzal J: This is a plaintiffs appeal by leave which arises out of the judgment and decree dated 6 November 1985 passed by a Single Judge of the High Court Division (at ..Category: Property Law | Date: | Hits: 62
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. ...... Mahfuzur Rahman, 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..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. ......#8209;on‑Record-For the Respondents 1(c) & 1(d). Not represented ‑Respondent Nos. 1(a) to 1 (b), 1(c) to 1(I) and 2. Civil Appeal No. 4 of 1986 (From the judgment and decree dated 15th July, 1985 passed by the High Court Division, Barisal Bench in Secon..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. ...... Judgment: 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, Dhak..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......the Judgment and Decree dated 5.6.84 passed by the High Court Division, Sylhet in Second Appeal No. 259 of 1971). Judgment Mustafa Kamal J.- The plaintiffs are the appellants by leave from the judgment and decree dated 5‑6‑84 passed by a Division Bench of the High Court Division, Sylhet B..Category: Property Law | Date: | Hits: 63
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: ......ing leave, is directed against Judgment dated 17 March, 1985 passed by a learned Single Judge of the High Court Division (Rangpur Bench) in Civil Revision No. 895 of 1979 setting aside the concurrent judgment and decree of the Courts below dismissing Title Suit No. 48 of 1971. 2. Plaintiff‑resp..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......os. 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.) Judgment MH Rahman J.- I have gone through the judgments written by my learned brothers ATM Afzal and Latifur Rahman, JJ. I agree with the decision..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. ...... 3(a) to 3(d) and 4 (In Civil Appeal No. 52 of 1989) Ex‑parte ‑ Respondent Nos. 1, 3, 4, 5(a) to 5 (d) and 6 (In Civil Appeal No. 53 of 1989). Civil Appeals No. 52 & 53 of 1989 (From the judgment and order dated 14 July 1988 passed by the High Court Division, Dhaka, in Civil Revision No..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......No. 61 of 1983). 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 (Ba..Category: Criminal Law | Date: | Hits: 60