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Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)

.... Judgment              April 29th 1992. Lawyers Involved: Fazlul Karim, Senior Advocate, (Md. Azizul Hoque, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record -For the P......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..

Category: Criminal Law | Date: | Hits: 61

Saleem Ullah Vs. The State, 1992, 21 CLC (AD)

....d Russel of Killowen, CJ in the Queen Vs. Gray (1900) 2 QB 36. Lawyers Involved: TH Khan, Senior Advocate, (MI Farooqui, MA Wahab Miah, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Shamsul Alam, Deputy Attorn......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......76; Dunn Vs. Bevan [1922] 1 Ch. 276; Lord Russel of Killowen, CJ in the Queen Vs. Gray (1900) 2 QB 36. Lawyers Involved: TH Khan, Senior Advocate, (MI Farooqui, MA Wahab Miah, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. ..

Category: Criminal Law | Date: | Hits: 141

Controller of Examina­tions, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)

....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ...... Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate (MA Baqui, Advocate with him), instructed by Serajur Rahman, Advocate- on-­Record-For the Appellants (In both the Appeals). Amirul Islam, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record - For the R......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..

Category: Constitutional Law | Date: | Hits: 169

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

.... August 9, 1992. Result: The appeal is allowed in part. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam and Zakir Ahmed, Advocates with him) instructed by Md. Aftab Hossain, Advocate-­on-Record -For the Appellant. Khandker Mahbubuddin Ahmed, Senio...... 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. ......t much which he has done. The Arbitrator is required to do this work himself and it is precisely for this reason that an Arbitrator is appointed and we accept the submission of Mr. Khandker Mahbub‑ Uddin Ahmed that the award is vague and indefinite in respect of item Mr. Syed Ishtiaq Ahmed however...... 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. ..

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

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

....htiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by M Nawab Ali, Advocate-on-Record - For the Appellant in both the cases. A J Mohammad Ali, Advocate instructed by Md. SaJadul Huq, Advocate-on-Record - For respondent Nos. 1‑3 in CA No. 7 of 1992. Ex ......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. ......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. ......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. ..

Category: Property Law | Date: | Hits: 110

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

....ion (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sharifa Khatun @ Sharbat Banu and others…………Appellants. Vs. Md. Yusuf and others.......................................Respondents Judgment April 19th, 19......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. ......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. ......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)

....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. ......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. ......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. ......others……………Petitioners  Vs. Nazma Begum......................Respondent Judgment August 16th, 1992. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Petitioners. Not Represented - For the Resp..

Category: Others | Date: | Hits: 93

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

.... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Freedom Fight­ers Welfare Trust and another.....................Appellants Vs. Md. Momtazul Hossain............................................................Respondents Judg...... 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. ...... 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. ..

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

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

.... Single 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. ...... Single 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. ...... Single 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. ......hellip;………….. Pre-emptee-Respondents Judgment March 12, 1992. Cases Referred to- 36 DLR (AD) 1, 51 CWN 644. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record -For the Appellant. Sharifuddin Chaklader, Advocate-on..

Category: Property Law | Date: | Hits: 106

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

....ts Judgment March 19th, 1992. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Supreme Court, (Mahbubey Alam, Advocate, Supreme Court, with him), instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. Khalilur Rahman......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. ......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. ......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. ..

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

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

....s provision in the Standing Orders Act excluding the civil Court's jurisdiction over the matters of workers' service conditions. Both these decisions were dissented from, by another Single Bench in Md. Shahabuddin Vs. Janata Bank, 41 DLR, 94. In that case, the learned Single Judge, after referri......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. ......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. ......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)

....not 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. ......not 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. ......not 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. ......nior Advocate instructed by B Hossain, Advocate-on-Record - For the appellants in CA No. 61/90 and respondent Nos. 1-3 in CA No. 68/90. Dr. Rafiqur Rahman Senior Advocate instructed by Miah A Gafur, Advocate-on-record - For the Respondent No. 1 in CA No. 61/90 & for the appellan..

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

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

....Appellant Vs. Abdul Mutakabbir Chowdhury alias Sufi Mia Chowdhury……………….Respondents Judgment December 3rd, 1991 Lawyers Involved: TH Khan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. M Nowab Ali, Advocate-on-Record - For...... 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: ...... 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: ......inal decree was ordered to be drawn up in terms of the preliminary decree. The respondent thereafter put the decree into execution in Title Execution Case No. 6 of 1989 in the name of deceased Shamsu Miah Chowdhury allegedly without bringing the other heirs including appellants on record. 3. The ..

Category: Limitation Law | Date: | Hits: 175

Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)

....itioner. Vs. Lal Miah Talukder and another…………………Respondent. Judgment July 9th, 1992. Lawyers Involved: Moksudor Rahman, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on- Record -For the Petitioner. Not Represented -Respondents. Cri......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. ......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. ...... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mozahar Ali Howlader………………….Accused-Petitioner. Vs. Lal Miah Talukder and another…………………Respondent. Judgment July 9th, 1992. Lawyers ..

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

AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)

....ed‑Appellant Vs. The State.................Respondent Judgment March 8th, 1992. Lawyers Involved: Rokunuddin Mahmud, Advocate (Mr. Tamizul Haque, Advocate with him), instructed by Md. Aftab Hussain, Advocate-On-Record-For the Appellant. M Shamsul Alam, Deputy Attorney‑Genera......are 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. ......are 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. ......are 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. ..

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

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

....J ATM Afzal J Mustafa Kamal J and Latifur Rahman J Guiness Peat (Trading) Limited ………………..Appellant Vs. Md. Fazlur Rahman. ................ Respondents Judgment January 29th, 1992. C...... Hossain, Senior Advocate, instructed by Mr. Kazi Shahabuddin Ahmed, Advocate-on-Record-For the Appellant.               Amirul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Responde......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. ......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.......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.......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.......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)

....bsp;                  Lawyers Involved: Sirajul Huq, Senior Advocate, Supreme Court, instructed by Md. Nawab Ali, advocate-on-Record- For the Petitioners. Not Represented -For the Respondent...... 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. ...... 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. ...... 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

Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)

.... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others………...Respondents Judgment November......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. ......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. ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others………...Respondents Judgment November 21 st, 1991. ..

Category: Property Law | Date: | Hits: 67

Abul Khair Vs. The State, 1992, 21 CLC (AD)

.... Vs. The State .................Respondent Judgment April 29th, 1992. Lawyers Involved: Ahmed Ali Advocate (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For th......went out of sight. 4. The Chairman did not die instantaneously, His son informant PW 1 Murad Hossain, night guard of the Union Parishad PW 6 Nurerzzaman, Chawkider of the Union Parishad PW 8 Amiruzzarnan and many others rushed to the plaice of occurrence immediately on hearing gunshots. S......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. ......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