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Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......lso undisputed that in Ramna PS Case No. 44 dated 20-11-1994 police on completion of investigation submitted final report against the appellant and the same was duly accepted by the learned Special Judge, Dhaka by order dated 30-11-1997. Hence, in the eye of law, there is no criminal case pending..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......he offence and forwarded the case to the Court of Sessions, Mymensingh, where it was numbered as Sessions Trial Case No. 882 of 1991 and was then transferred to the 1st Court of Assistant Sessions Judge for disposal. The learned Assistant Sessions Judge got these Sale‑Deeds seized along wi..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ...... Among other things, they alleged that Article 9 requires the State to encourage local government institutions, but the Ordinance abolished a local government namely the Upazila Parishad. The learned Judges of the High Court Division, for different reasons, some of which are common, dismissed all th..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......p; ATM Afzal J.- This appeal, following leave, by the decree‑holder‑appellant Sonali Bank arises out of the judgment and order dated 1st April, 1990 passed by a Single Judge of the High Court Division in Admiralty Suit No. 30 of 1984 vacating the order of attachment ..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....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. ......came vested and was in possession of the lessees under the Vested Property Authority. On this allegation the accused including respondent Nos. 1 and 2 were put on trial in the Court of the Special Judge, Munshigonj to answer charges, inter alia, under sections 467/471/109 of the Penal Code. Toba..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....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. ......appeal has arisen out of the judgment and order dated April 30, 1989 of the High Court Division passed in Criminal Contempt Case No. 3 of 1988. On a report by Mr. AKM Fazlul Karim, the Subordinate Judge, Third Court, Dhaka, the High Court Division issued a Rule upon the appellant to show cause a..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... 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. ......rder dated 13.1.91 passed by the High Court Division in FMA No. 261 of 1990) Judgment Mustafa Kamal J.- By a judgment and order dated the 28th November 1989 the learned Subordinate Judge, 2nd Court, Chittagong in Miscellaneous Case No. 38 of 1988 made the Arbitrator's award dated ..Category: Alternative Dispute Resolution | Date: | Hits: 202
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......ence reference. The impugned order is dated 25 January 1988. 2. The four accused‑respondents before us, namely, Mantu, Kabul, Sayedur Rahman and Bakkar, were convicted by the Sessions Judge, Naogaon, by an order dated 8th February 1986 under sections 302/34 of the Penal Code for the..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....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. ......ot being heritable. 2. The predecessor of the respondents as plaintiff‑landlord obtained an ex parte decree on 14.7.84 in SCC Suit No. 13 of 1983 of the Court of Small Causes and First Assistant Judge, Dhaka for eviction of the predecessor of the appellants as tenant. The decree was executed on..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. ......bsp; Shahabuddin Ahmed CJ.- The question raised in this leave petition relates to interpretation of section 4 of the Muslim Family Laws Ordinance, 1961. The interpretation given by a learned Single Judge of the High Court Division (on 6 March 1991 in Civil Revision No. 669 of 1986) is under chal..Category: Others | 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. ......d 13.4.62 and as such this document is not a document of transfer and on that view disallowed the application for preemption. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division was correct in holding on its face value that the Muktipatra is on..Category: Property Law | Date: | Hits: 106
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......al Code the conviction of the appellant for his alleged involvement in the transaction of murder was justified. 2. The appellant along with seven others was tried by the Additional Sessions Judge, First Court Comilla under sections 302/149 of the Penal Code. One Shahid Mia (absconding) wa..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....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. ...... Rupali Bank and others are the appellants. Plaintiff, an Assistant Cashier of this Bank is the main respondent, (No. 1). The matter arises from a suit filed by the respondent before the Assistant Judge challenging his termination from the appellants' service. He got a decree declaring his "..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. ......oss objection No. 18 of 1985). Judgment: Mustafa Kamal J.- In Money Suit No. 186 of 1978 of the 3rd Court of Subordinate Judge, Dhaka, the plaintiff Gazi Abdur Rashid claimed Tk. 35,31,911.00 with interest from 1.10.77 ..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......dated 29th May, 1991 passed by the High Court Division in Civil Revision No. 2049 of 1990). Judgment ATM Afzal J.- The short question raised in this appeal by leave is whether the learned Judge of the High Court Division acted legally and properly in adding respondent No. 1 as opposite p..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... 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: ......land under the decree to the appellants retaining other portion to themselves. After the disposal of the Second Appeal in the aforesaid suit, the case record was transmitted to the Court of Assistant Judge, Chaunarughat and it was renumbered as Title Suit No. 49 of 1988. Thereafter the appellants on..Category: Limitation Law | Date: | Hits: 175
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....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. ......udgment: Shahabuddin Ahmed CJ.- Accused- petitioner is facing trial for offences under section 161 of the Penal Code and section 5(2) of the Prevention of Corruption Act in the Court of Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. On his application under section 561A Cr.P.C..Category: Anti-Corruption Laws | Date: | Hits: 100
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......f 1981) Judgment Mustafa Kamal J.- This is the plaintiffs appeal by leave arising out of a suit for specific performance of contract, Title Suit No. 253 of 1959 of the 1st Court of Subordinate Judge, Barisal. By judgment and decree dated 19.4.77 the trial Court dismissed the suit and on appea..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....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. ......efusing to reject the respondent’s plaint under Order VII, rule 11 of the Code. 2. The plaintiff-respondent instituted Money Suit No. 272 of 1983 before the Third Court of Subordinate Judge, Dhaka asserting, inter alia, that the defendant, a trading company of London, offered to the ..Category: Business or Commercial Law | Date: | Hits: 124
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... 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. ...... impugned order has been passed by the High Court Division on 22 January 1992 in Criminal Appeal No. 194 of 1982, arising out of Sessions Trial No. 150 of 1980, in the Court of Additional Sessions Judge, Rangpur. 2. An incident of murder, rioting and criminal trespass took place on 20th N..Category: Criminal Law | Date: | Hits: 59
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