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Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....ench 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 Nos. 7 and 8 of 1983 allowing the appeals and decreeing the suits in......ellate 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. ......urt'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. ......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. ..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....il Appeal No. 32 of 1988 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 ......y 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. ......rit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......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. ..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
.... 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 learned Additional Sessions Judge, 2nd Court, Dhaka by his judgment and order dated 31.12.84 set aside the order of conviction ......er 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. ......quittal 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)
....s 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 out of a decree for ejectment of the petitioner obt......e 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. ......r 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. ...... 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. ..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... ATM Afzal J Mustafa Kamal J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh ......... ......Appellant Vs. Divisional Special Judge, Khulna Division and anr...........Respondents Judgement May 3rd, 1992. ......ide 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. ......t 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. ......l) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh ......... ......Appellant Vs. Divisional Special Judge, Khulna Division an..Category: Criminal Law | Date: | Hits: 118
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....nbsp; 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 a proceeding under section 46 read with section 72 of the Trade......eriod 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. ...... 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. ......Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Bangladesh Chemical Industries Corporation and another……………..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....rt Division (WP No. 1270 of 1989) seeking, among other things, a direction upon the Government and the Registrar of the Supreme Court to allow him to practice in the Appellate Division. The learned Judges of the High Court Division, by an order dated 12th November 1989, rejected his claim and di......vocate 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. ...... 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. ......nbsp; Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice, Bangladesh Secretariat..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. ......und 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. ...... 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. ......bsp; Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others……&hell..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....er. The latter after holding enquiry submitted his report on 5.10.1982 finding the appellants and others not guilty of misappropriation. The Criminal Case was disposed of by the Assistant Sessions Judge on 30th March, 1985 finding the accused persons not guilty and observing that the story of da......pective 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. ......ffect, 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. ......in Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Ishaque Khan (Md) and another…………..Appellants Vs. Trading Corporation of Bangladesh, represented by the Secretary, Principal Office, Kawran Bazar, Dhaka……&he..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....sed on no evidence whatever but is based on mere conjectures and surmises of the learned judges. 2. Appellant and 16 others had filed title Suit No. 123 of 1988 in the 1st Court of Assistant Judge, Dhaka against the Administrator, Dhaka Municipal Corporation. Their case is that they are s......, 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. ......pt 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. ......MH Rahman J ATM Afzal J Latifur Rahman J Fazlur Rahman Molla ...................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice Division and another …..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
.... 409/420 of the Penal Code read with section 5(2) of Act 11 of 1947. 5. The appellant's prayer for bail having been rejected by the Chief Metropolitan Magistrate, Dhaka the learned Sessions Judge was moved in Criminal Misc. Case Nos. 526 of 1991 and 520 of 1991 respectively. The learned A......l 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. ......e 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. ...... 89(2) 91 DAB GR Case No. 15/91 the gist of the allegation in the FIR was that in connection with the purchase of two container ships from Pakistan, the appellant along with other officials of the Bangladesh Shipping Corporation and another collusively made a deal and that the appellant in parti..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:
......Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......d 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:
......ritten by my learned brothers Mustafa Kamal and Latifur Rahman, JJ; I concur with the judgment of Mustafa Karnal, J.
Mustafa Kamal J.- The appellant, a Private Limited Company incorporated in Bangladesh under the Companies Act, 1913, is in possession of an industrial unit, namely, a drum man..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....s Court dated 20.7.87 in Civil Appeal No. 5 of 1986, reported 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 plaint......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. ......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. ...... 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. ..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
....tate is the petitioner seeking 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 (respond......hould 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. ...... 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. ......ahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......................Petitioner. Vs Abdul Mannan @ A Mannan and oth..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....uddin Ahmed CJ.- In this appeal by Special leave, the appellant, Siddique Munshi, is challenging the order of his conviction and sentence under section 302 of the Penal Code, passed by the Sessions Judge, Faridpur and confirmed in appeal by the High Court Division. Main grounds on which leave wa......ame 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. ....... 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. ......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. ..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. ......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. ......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. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Latifur Rahman J Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others .......... Appellants. Vs. M/s. MF Limited, a Priv..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....an and their presumptive value on the face of the documentary evidences adduced by the defendants to prove the auction sale and subsequent delivery of possession. 6. The learned Single Judge of the High Court Division affirmed the judgment and decree of the lower appellate Court and......he 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. ......nt 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. ......, 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. ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....l leave. Upon dismissal of the plainfiff‑respondant's Title Suit No. 129 of 1958 by the learned Munsif, Cox's Bazar by judgement and decree dated 24‑11‑60 the learned Subordinate Judge, Chittagong by those dated 20‑12‑61 allowed the appeal and decreed the suit and i...... 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. ...... 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. ......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. ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....this petition for special leave is as to the nature of the family arrangement under the Burmese Buddhist Law and whether such arrangement is binding upon the parties. He contended that the learned Judges of the High Court Division took an erroneous view as to the non‑production of the original......ing 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. ......he 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. ......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. ..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....section 4(b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 for abduction of minor girl on 17th March, 1991 from her father's house. 2. The learned Additional Sessions Judge, Satkhira rejected the prayer for bail on the ground that there were specific allegations aga......umstances 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. ...... 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. ......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. ..Category: Criminal Law | Date: | Hits: 79
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