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Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....t No. 11. Not Represented ‑ Respondent Nos. 1, 2, 3(a), 4‑10,12‑21, 22(a)‑22(i) and 23‑33. Civil Appeal No. 76 of 1985 (From the Judgement and Order dated 29.2.1984 passed by the High Court Division, Rangpur Bench in FA No. 140 ......ers. 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. ......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. ......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. ..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....fzal J.- The former President of Bangladesh, Hussain Muhammad Ershad, the accused petitioner, is facing trial on a charge of corruption in Special Case No. 7 of 1991 before the Divisional Special Judge, Dhaka. 2. Following an FIR by the Deputy Director of the Bureau of Anti‑Corruption on 8.......2 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: ......y 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: ......idential Area for the Jatiyo Party office. The Jatiyo Party filed a Money Suit, No. 16 of 1991, in the 3rd Court of the Subordinate Judge, Dhaka on 9.2.91 against the petitioner and the Government of Bangladesh claiming a sum of taka two crores which was kept with the petitioner as aforesaid. The sa..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....n that suit the plaintiff prayed for temporary injunction. 3. The trial Court allowed the prayer for temporary injunction and on appeal the same was affirmed. In revision the learned Single Judge of the High Court Division set aside the order of temporary injunction on the finding that th......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. ......se, 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 the learned Single Judge of the High Court Division set aside the order of temporary injunction on the finding that the Appellate Division of the Supreme Court having held in the case of Bangladesh Vs. Haji Abdul Gani Biswas and others reported in 32 DLR (AD) 233 that the provisions of..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. ......curred 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. ......or 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. ......6(1) of the Income Tax Act, 1922, Application No. 4 of 1984. 2. The assessee, a non‑resident Company, a subsidiary of Mackinnon and Mackenzie Co. Ltd. closed down its business in Bangladesh with effect from 1.10.1972. On 11.12.73 it submitted an assessment showing a loss of Tk...Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....lacs) on two different dates and the complainant stated that upon communication with the bank she came to know that the accused instructed the bank not to pay the amount of those cheques. The learned Judges of the High Court Division also on consideration of the entire allegations found a prima faci......ase 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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
.... and order passed by a Division Bench of the High Court Division in Civil Order No. 2240 of 1991, summarily rejecting the revisional application after affirming the order passed by the Subordinate Judge, Artha Rin Adalat (3rd Commercial Court), Dhaka in Money Suit No. 99 of 1990. 2. The m......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. ......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. ......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. ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....) applies to appellate Tribunal, because it is a tribunal to which Article 117 applies. The appeals are dismissed……………………(40,91) Cases Referred to- AKM Ruhul Amin Vs. District Judge 38 DLR (AD) 172; Waterside Workers' Federation of Australia Vs. Alexander Limited (1918) 25 CL......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. ......eme 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. ...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmul Hasan and o..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. ......all 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. ......nt 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. ......r Rahman J Dr. Ahmed Hussain ..................Petitioner. Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992 Law..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....der of the High Court Division in Civil Order No. 1985 of 1990 dated 30.10.90 rejecting the revisional application summarily and thereby affirming the judgment and decree of the Additional District Judge passed on 15.9.90 in Title Appeal No. 316 of 1990 in affirmance of those of the learned Subo......udgment 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. ......f 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. ......iberation Pakistan National Oils Ltd. was declared as an abandoned property and it was being managed by a Management Board under the name and style of Jamuna Oil Company Ltd. After the creation of Bangladesh Petroleum Corporation Jamuna Oil Company Ltd. was placed under the control and managemen..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
.... 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 Sylhet) in Second Appeal No. 1449 of 1968 setting aside the co......ng 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. ...... 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. ......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. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....by the Court on 5‑2‑85 the plaintiff received notice under section 82 CPC. The suit was dismissed on other grounds. 6. The plaintiffs appeal was heard by the learned Subordinate Judge, 4th, Court, Dhaka. It appears that the appellate Court examined DWI, Abdul Gani a process se......8209;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. ......llant. 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. ...... Ed. ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....inding that the deed of release was in fact a deed of sale and the appellate Court further held that plaintiff No. 2 was not in the benamder of plaintiff No. 1. In second appeal the learned Single Judge of the High Court Division took up only one question as to whether Ext. 7, the Nadabi patra c......‑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. ......vernment 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. ...... ..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....bsp; 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, Dhaka in Civil Revision No. 837 of 1985 discharging the Rule and ......ted 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. ......lf 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. ......ndia which were admitted into evidence without any objection. The Additional District Judge, inter alia, observed that the said documents were not admissible as those were not authenticated by the Bangladesh Mission in India. During pendency of the revisional application the said documents were ..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
...., was decreed by the learned Sadar Munsif, 2nd Court, Sylhet by his judgment and decree dated 23‑10‑69. The suit was dismissed on appeal in Title Appeal No. 456 of 1969 by the learned Subordinate Judge, 1st Additional Court, Sylhet by his judgment and decree dated 30‑5‑70. The High Court Div...... 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. ......th 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. ......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. ..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....Bench in Civil Revision Case No. 895 of 1979). Judgment ATM Afzal J.- This appeal by the defendant, following 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...... 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: ......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: ......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: ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....alls. 4. A dispute was raised by the Bangladesh Shipping Corporation claiming the balance charter fees which resulted in a money suit being Money Suit No. 387 of 1990 in the 2nd Court of the Sub‑Judge, Chittagong. It was prayed by the Corporation to hold an auction sale of the balance quantity ......re 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. ......ssed 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. ......e is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
.... of the land. 3. The trial Court, by a common judgment dated 28.4.83, dismissed the Misc. cases refusing pre‑emption. On appeal‑Misc. Appeals Nos. 164 and 165 of 1983‑the learned Subordinate Judge, by his judgment dated 22 June 1987, reversed the trial Court's decision and allowed pre‑emp......le 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. ...... 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. ......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. ..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. ......, 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. ......re, 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. ......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. ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....ali (receiver) be directed to hand over possession of the land to the first party. 6. The second party being aggrieved by the said order of the learned Magistrate moved the learned Sessions Judge, Mymensingh under sections 435/439A Cr PC The case, Criminal Revision No. 110 of 1985, was ta...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......he result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....r No‑238 of 1987) Judgment: MH Rahman J: Appellant filed a suit, SCC Suit No. 54 of 1986, in the Court of Subordinate Judge, First Court, Chittagong against defendant‑respondent No. 2. On 26th November, 1986 res......p; ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......s. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 110
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