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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. ......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 …...... Fazlur Rahman Molla ...................Appellant             Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice Division and another ………………… Respondent...... CJ 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 anoth..

Category: Criminal Law | Date: | Hits: 79

Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)

....on and another collusively made a deal and that the appellant in particular by abusing his power and position helped them in the transaction and thereby caused a loss of Tk. 29,56,98,000.00 to the Government. Thus he committed offences under sections 409/406/423/218/109 of the Penal Code read wi...... 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......cord‑For the Appellant. B Hossain, Advocate‑on‑Record‑For the Respondent in both the appeals Criminal Appeal No. 21 & 22 of 1991. (From the Judgment and Order dated 21 August 1991 passed by the High Court Division, Dhaka in Criminal Misc. Case No....... Afzal J Mustafa Kamal J Latifur Rahman J Shaikh Shahidul Islam……………....……Accused‑Appellant (in both the Appeals) Vs. State .......................Respondent Judgment February 24th, 1992. ..

Category: Constitutional Law | Date: | Hits: 150

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

.... the drums factory from the leasehold land for handing over the same to the Works Ministry. By a further Notice dated 18.6.88 (Annexure 'B' to the Writ Petition) issued under section 3 of the Central Government Lands and Buildings (Recovery of Possession) Ordinance, 1965, shortly the Ordinance, resp......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......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Engineers Ltd...............Appellant Vs. Director, Military Lands and Cantonment Directo­rate, Ministry of Defence, Dhaka Cantonment and others……………â€...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Engineers Ltd...............Appellant Vs. Director, Military Lands and Cantonment Directo­rate, Ministry of Defence, Dhaka Can..

Category: Property Law | Date: | Hits: 68

State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)

.... (Criminal) Present: Shahabuddin 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 ......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......tifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......................Petitioner.  Vs Abdul Mannan @ A Mannan and others..................................................Respondents Judgment Novembe...... 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. ..

Category: Criminal Law | Date: | Hits: 92

Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)

.... Supreme Court 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 ...... 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......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 Private company limite......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 Private company limited by shares........................Respondent ..

Category: Fiscal/Taxation Law | Date: | Hits: 92

Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)

.... Dhanmondi Residential 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 afo......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...... Deputy Attorney‑ General with him) instructed by Sharifuddin Chakladar, Advocate‑on‑Record ‑For the Respondent. Criminal Petition for Leave to Appeal No. 8 of 1992. (From the Judgment and Order dated 21.1.1992 passed by the High Court Division, Dhaka in Criminal Revision No. 120 of 1......ent here. Supreme Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hussain Mohammad Ershad...............Petitioner Vs. The State ………………………Respondent Judgment January 30, 1992 Lawyers In..

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 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...... Present: MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Rupban Bibi..... ....................Plaintiff‑Appellant Vs. Aynal Kha and others................Defendant‑Respondents Judgment July 16th, 1991 ......n (Civil) Present: MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Rupban Bibi..... ....................Plaintiff‑Appellant Vs. Aynal Kha and others................Defendant‑Respondents Judgment Ju..

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. ......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.......n, Senior Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate‑on‑Record‑ For the Respondent. Civil Appeal No. 31 of 1988 (From the Judgment and order dated 28.4.85 and 29.4.85 passed by the High Court Division, Chittagong Bench in Applica...... ATM Afzal J Mustafa Kamal J Mackinnon Mackenzie & Company (Pakistan) Ltd.. ..................………………Appellant Vs. Commissioner of Taxes Chittagong (South) Zone, Chittagong ................Responde..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....ate Division (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) Nazm...... (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...... 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 others ........... Appellate Division (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) ..

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. ......r Rahman J Dr. Ahmed Hussain ..................Petitioner.                     Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992 Law...... Dr. Ahmed Hussain ..................Petitioner.                     Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992 Lawyers Invol...... Latifur Rahman J Dr. Ahmed Hussain ..................Petitioner.                     Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992..

Category: Constitutional Law | Date: | Hits: 191

Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)

.... 1972), read with the Bangladesh Industrial Enterprises (Nationalisation) (Second Amendment)Act, 1974 (Act No. LXVIII of 1974). The abandoned property, Pakistan National Oils Ltd., vested in & Government but there is no evidence that it was ever placed under Petrobangla for management Petrob......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...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jamuna Oil Company Limited and another................Appellants Vs. SK Dey and another................................ (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jamuna Oil Company Limited and another................Appellants Vs. SK Dey and another.............................................Respondents Judgmen..

Category: Employment/Service Law | Date: | Hits: 89

Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)

.... is decreed. Ed. ...... Ed. ......ellip;……………………………………………………Appellant  Vs. Chand Mia and others ..............................................................Respondents J......;…………………………………………………………Appellant  Vs. Chand Mia and others ..............................................................Respond..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)

....ost. Ed. ...... ...... Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgment August 7, 1991 Cases Referred to- Abdul Gafur Sardar and ors. Vs. Wazedali Talukder and another, 19 DLR 33 (37); Mt. Goday Koowur Vs. Mt. Ladoo, 13 Moo...... Latifur Rahman J Government of Bangladesh represented by the Deputy Commissioner, Bakerganj ..............Appellants.           Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .........................

Category: Others | Date: | Hits: 178

Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)

....ents and taxes. The suit property was requisitioned by the erstwhile Province of East Pakistan and after transfer the name of the plaintiff was mutated and be was paid monthly compensation by the Government. But subsequently the Government stopped payment and as such the plaintiff had to file T......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 ......t Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sahera Khatun and another............................Defendant‑Appellant. Vs. Anwara Khatun an......buddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sahera Khatun and another............................Defendant‑Appellant. Vs. Anwara Khatun and others.............................Plaintiff‑Respondents J..

Category: Property Law | Date: | Hits: 58

Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)

....d. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......e is also Reported in: 44 DLR (AD) (1992) 65. ......preme Court Appellate Division (Civil) Present: H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh....................Appellant. Vs. Anis and Co. and others....................Respondents (In Civil Appeal No. 22 of 1991) Abu Taleb alia....... ..

Category: Business or Commercial Law | Date: | Hits: 130

Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)

....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......lowed the decision reported in 29 DLR 148. 4. In an unreported Division Bench decision. The Chittagong Textile Mills Ltd. Vs. Shafiqur Rahman (Civil Revision Case Nos. 40 and 88 of 1972), noted in Bangladesh Fishermen's Co‑operative Society Ltd. 27 DLR 367 it was held that a Labour Court i......vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pubali Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991.  Cases Referred to- ...... 12 BLD (AD) 72. ..

Category: Labour and Industrial Law | Date: | Hits: 103

Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)

.... Beng LR 459; CP Mathen Vs. District Magistrate, Trivandrum AIR 1939 (PC) 213; Moslemuddin Sikder PLD 1957 Dacca 110 PLD 1957 SC 1; Abdul Hannan PLD 1959 Dacca 279 Abdul Baki Baluch 20 DLR SC 249; Government of West Pakistan Vs. Begum Agha Abdul Karim Shorish Kashmiri 21 DLR (SC) 1; Government o......al J Latifur Rahman J                 Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents     &nb...... Latifur Rahman J                 Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents       &n......ustafa Kamal J Latifur Rahman J                 Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents   &nbs..

Category: Constitutional Law | Date: | Hits: 365

Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)

....No. 977 of 1988) Judgment: ATM Afzal J: There was a delay of 2 months 13 days in filing Title Appeal no. 127 of 1988 in the Court of the District Judge, Dhaka by the Defendant respondents (the Government and its officers) against a decree dated 22.3.88 declaring the plaintiff‑petitioners' t......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Ali & others…………………………………………..Plaintiff‑Petitioners. Vs. Circle Officer, (Revenue) Dhaka and others ..........…Defendants‑Respondents Judgment October 30, 1991 Lawyers Invol...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Ali & others…………………………………………..Plaintiff‑Petitioners. Vs. Circle Officer, (Revenue) Dhaka and others ..........…Defendants‑Respondents Judgment ..

Category: Limitation Law | Date: | Hits: 185

Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)

.... property. After so holding they concluded that the secular part will be distributed to the present beneficiaries of the wakf according to section 20(2) of the Act. This order is challenged by the Government. The question set out above is whether the High Court put a correct interpretation on th......y order as to costs. Ed. ......................Appellant.                       Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Ho...... J Fazle Munim J Bangladesh..................Appellant.                       Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 197..

Category: Others | Date: | Hits: 142

BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)

....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......ourt Appellate Division (Civil) Present: Syed A. B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Fazle Munim, J. The Bangladesh Jatiya Matshajibi Samabaya Samity Ltd……...Appellant. Vs. The ...... The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May 5, 1976. Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N. 405. Lawyers Involved: T. H. Khan, Senior Advocate with Mahbubu......hmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Fazle Munim, J. The Bangladesh Jatiya Matshajibi Samabaya Samity Ltd……...Appellant. Vs. The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May ..

Category: Labour and Industrial Law | Date: | Hits: 144