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Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....th him), instructed by Mr. Sharifuddin Chaklader, Advocate‑on‑Record ‑For the Appellants. Asrarul Hossain, Senior Advocate (Shafique Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For Respondent No. 1. Syed Ishtia......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. ......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
......Respondents Judgment August 7, 1991. Lawyers Involved: AW Bhuiyan, Additional Attorney ‑General, (B Hossain, Deputy Attorney‑ General, with him), instructed by Md. Ayub, Advocate on Record ‑ For the Appellant. Mahfuzur Rahman, Advocate, Supreme ......3 was ever served upon the plaintiff. The suit property is an abandoned one and has been under the control, management and supervision of the plaintiff since 1‑1‑72 through its allottee Amiruddin. 3. The decree‑holder in Title Suit No. 305 of 1983, the present respondent ......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. ......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. ..Category: Property Law | Date: | Hits: 56
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
..................Plaintiff‑Respondents Judgment January 15, 1992. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam with him) instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑‑ For the Appellant. Nurul Hu......sons, defendant Nos. 4-6 (respondents 3‑5) the Mitras, who transferred the suit property to the plaintiff by a registered deed of exchange on 13.11.63 through their constituted Attorney Syed Amir Ali. The plaintiff has been in possession of the same on payment of all rents and taxes. The s......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. ......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. ..Category: Property Law | Date: | Hits: 58
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ers .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (In Civil Appeal No. 22 of 1991) M ......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. ......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
.... M Nurullah, Senior Advocate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate‑on‑Record ‑ For the Appellant (in both the appeals). Alimuzzaman Chowdhury, Advocate, instructed by Md. Aftab Hossain Advocate‑on‑Record ‑ For Respondent No.1 (In Civil Appeal No. 52 of 1989) ......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. ......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. ......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
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....l Misc. Case No. 44 of 1987 under section 561A Cr PC in the High Court Division, Dhaka on 12.4.87 for quashing the proceeding under section 145 Cr PC A rule was issued upon the appellant's father, Md. Ali Akbar who, however, died on 15 April, 1989 during the pendency of the Rule. As already noti...... 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 ...... 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 ...... 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)
.... TH Khan, Sr. Advocate, (MA Wahab Miah Advocate with him), instructed by Sharifuddin Chaklader, Advocate‑on‑Record ‑ For the Appellant SC Das Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent No. 1 Not Represe......& 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. ......& 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. ......ry vs. Manzur Hossain and others BCR 1984 (AD) 532 & Sukumer Sen & others Vs. Guranga Bejoy & others 1989 BLD (AD) 162. Lawyers Involved: TH Khan, Sr. Advocate, (MA Wahab Miah Advocate with him), instructed by Sharifuddin Chaklader, Advocate‑on‑Record ‑..Category: Procedural Law | Date: | Hits: 110
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
...................................Condemned prisoners‑Appellants Vs. The State .....................Respondent Judgment August 6, 1991 Lawyers Involved: Md. Abdus Sobhan, Advocate, instructed by Md. Ataul Haque, Advocate‑on‑Record ‑ F......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....p; Ed. ......sp; Ed. ......sp; Ed. ......for rehearing of the suit upon further fresh evidence after about 16 years of the filing of the appeal. 2. Material facts necessary for the disposal of the present appeal are that late Ekram Miah Chowdhury, the predecessor‑in‑interest of the principal respondent Nos. 1(a) to 1..Category: Procedural Law | Date: | Hits: 122
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. ......ader, Advocate‑on‑Record –For the Appellant. Sultan Ahmed, Advocate, instructed by Aftab Hossain, Advocate‑on‑Record ‑For the Respondent No, 2. Ex parte‑ Respondent No. 1. Syed Amirul Islam, Advocate- Amicus Curie. Civil Appeal No. 27 of 1987. (From the judgment and orde......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. ......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. ..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
....s heard and dismissed on 25th August, 1984. 2. Respondent No.1 filed a revisional application, Civil Revision No.773 of 1984, before the High Court Division. On 30th July, 1985 on his prayer Md. Altaf Hossain, J. of the High Court Division allowed the revisional application to go out of t......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......kar Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Sajjadul Huq, Advocate‑on‑Record-For the Appellant. TH Khan, Senior Advocate, Wahhab Miah & MI Faruqui, Advocates with him), instructed by Aftab Hossain, Advocate‑on‑Re..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......38) 1951 SC 217; BR Rao vs. State of Orissa AIR 1971 (SC) 2197; Bonomally Gupta ILR 1917 (Vol 54) Calcutta 723; Nazir Ahmed vs. King Emperor AIR 1936 PC 253. Lawyers Involved: Amirul Islam, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate – on ‑Rec......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
.... (Revenue) Dhaka and others ..........…Defendants‑Respondents Judgment October 30, 1991 Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah Advocate, with him) instructed by Md. Aftab‑Hossain, Advocate‑on ‑Record ‑ For the Petitioners. B Hossain, Deputy Attorneyâ......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. ......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. ......‘Petitioners. Vs. Circle Officer, (Revenue) Dhaka and others ..........…Defendants‑Respondents Judgment October 30, 1991 Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah Advocate, with him) instructed by Md. Aftab‑Hossain, Advocate‑on ‑Record ‑ For the Peti..Category: Limitation Law | Date: | Hits: 185
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....sp; Muhammad Ramjan Sawdagar vs. AHM Fazlul Huq 15 DLR 99; Md. Wasiq Khan Vs. Md. Sadiq Khan 33 DLR 35; Jaharunnessa Vs. Safed Ali Bepary and others 36 DLR 25......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 99
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ...... Brajendra Lal Dhar and others……....................Respondents Judgment January 16, 1991. Lawyers Involved Azizur Rahman Chowdhury, Advocate instructed by Miah A. Gafur, Advocate‑on‑Record ‑ For the Appellants. SC Das, Advocate i..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
..............................................Respondent Judgment April 2, 1991. Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate ‑ on ‑Record‑ For the Appellants, Md. Nowab A......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......nbsp;Vs. The State .......................................................Respondent Judgment April 2, 1991. Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate ‑ on ‑Record‑..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....1918 (PC) 102; SM Bindubashini Chanda Vs. Al haj Jahanara Begum, 1982 BCR (AD) 181. Lawyers Involved: S R Paul, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on‑Record. Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondents. Khondkar Mahbubuddin Ahmed, ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....on (Civil) Present: Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Mozaffar Ahmed………...Appellant. Vs. Md. Osman and anr.........Respondents. Judgment &n......s. Md. Osman and anr.........Respondents. Judgment December 4, 1975. Cases Referred to: Ayub Ali Vs. Amir Khan 43 C.W.N, 118; Yunus Mia Chowdhury Vs. Firoz Ahmed Choudhury (1952) 4 DLR 604—1951...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 239
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ocate, Supreme Court, instructed by A.M. Khan Chowdhury Advocate-on-Record—For the Appellant. Asrarul Hosain, Senior Advocate will Mohammad Hassan, Advocate Supreme Court instructed by Md. Nurul Huq, Advocate-on-Record—For the Respondent in C.A. No. 15-D/71 S.R. Pal, Sen......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....ellate Division (Civil) Present: Syed ABM Husain CJ Debesh Chandra Bhattacharya J Fazle Munim J Amir Sultan Ali Hyder................................ Appellant. Vs. Md. K. Alam alias S. Alam & others............. Respondents Judgment July 1, 1977. R...... This Case is also Reported in: (1977) 29 DLR (SC) 295....... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......ioned in Section 29 of the East Bengal Premises Rent Control Act, 1953 was not a court but a 'persona designata', was over-ruled. 19. In this connection reference may be made to the case of Aswad Miah and another vs. Shahidulla Miah and others, 1958 PLR Dacca 1163 but as this decision does not c..Category: Trust/Waqf Law | Date: | Hits: 182
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