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Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......ment of the trial Court and decreed the suit to the extent of 0.50 acres by rectifying and striking out of 1.00 acre of land from the impugned kabala dated 17.3.77. In Revision, the learned Single Judge of the High Court Division restored the trial Courts judgment and dismissed the suit. ..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....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. ......ench in Civil Order No. 111 of 1989 dated 6.7.89, summarily rejecting the application under section 115 CPC in affirmance of the judgment and decree dated 22.5.89 passed by the learned Subordinate Judge, Barisal in Title Appeal Nos. 7 and 8 of 1983 allowing the appeals and decreeing the suits in..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....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. ......il Appeal No. 32 of 1988 respectively). Judgment: Mustafa Kamal J: Condemned prisoner Abul Khair was convicted by the learned Sessions Judge, Noakhali in ST Case No. XXII/April/80 by his judgment and order dated 22.5.85 under section ..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ...... 1000'00 each, in default, to Simple Imprisonment for one month by his judgment and order dated 16.6.84. 10. On appeal, Criminal Appeal No. 287 of 1986, the learned Additional Sessions Judge, 2nd Court, Dhaka by his judgment and order dated 31.12.84 set aside the order of conviction ..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ......s Courts order dated 25.1.90, passed in Civil Petition for Special Leave to Appeal No. 283 of 1989 staying further proceeding in Title Execution Case No. 1 of 1986 pending in the Court of Assistant Judge, Kushtia Sadar. The execution case arose out of a decree for ejectment of the petitioner obt..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ...... ATM Afzal J Mustafa Kamal J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh ......... ......Appellant Vs. Divisional Special Judge, Khulna Division and anr...........Respondents Judgement May 3rd, 1992. ..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......nbsp; ATM Afzal J.- These two appeals by leave arise out of a common judgment and order dated 16th August, 1990 passed by a Single Judge of the High Court Division in a proceeding under section 46 read with section 72 of the Trade..Category: Intellectual Property Law | Date: | Hits: 227
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......er. The latter after holding enquiry submitted his report on 5.10.1982 finding the appellants and others not guilty of misappropriation. The Criminal Case was disposed of by the Assistant Sessions Judge on 30th March, 1985 finding the accused persons not guilty and observing that the story of da..Category: Employment/Service Law | Date: | Hits: 68
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. ......sed on no evidence whatever but is based on mere conjectures and surmises of the learned judges. 2. Appellant and 16 others had filed title Suit No. 123 of 1988 in the 1st Court of Assistant Judge, Dhaka against the Administrator, Dhaka Municipal Corporation. Their case is that they are s..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ...... 409/420 of the Penal Code read with section 5(2) of Act 11 of 1947. 5. The appellant's prayer for bail having been rejected by the Chief Metropolitan Magistrate, Dhaka the learned Sessions Judge was moved in Criminal Misc. Case Nos. 526 of 1991 and 520 of 1991 respectively. The learned A..Category: Constitutional Law | Date: | Hits: 150
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ......s Court dated 20.7.87 in Civil Appeal No. 5 of 1986, reported in 40 DLR (AD) 75 =1988 BLD (AD) 149, allowing the defendant's appeal and setting aside the judgment and order passed by a learned Single Judge of the High Court Division on 16.9.85 in Civil Revision Case No. 720 of 1984. 2. The plaint..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... 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. ......tate is the petitioner seeking leave to appeal against the judgment of the High Court Division dated 1 September 1987 disposing of Criminal Appeal No. 110 of 1985. The appeal was from the Session Judge's order in Sessions Case No. 36 of 1984, Patuakhali, convicting five accused persons (respond..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......uddin Ahmed CJ.- In this appeal by Special leave, the appellant, Siddique Munshi, is challenging the order of his conviction and sentence under section 302 of the Penal Code, passed by the Sessions Judge, Faridpur and confirmed in appeal by the High Court Division. Main grounds on which leave wa..Category: Criminal Law | Date: | Hits: 69
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......an and their presumptive value on the face of the documentary evidences adduced by the defendants to prove the auction sale and subsequent delivery of possession. 6. The learned Single Judge of the High Court Division affirmed the judgment and decree of the lower appellate Court and..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......l leave. Upon dismissal of the plainfiff‑respondant's Title Suit No. 129 of 1958 by the learned Munsif, Cox's Bazar by judgement and decree dated 24‑11‑60 the learned Subordinate Judge, Chittagong by those dated 20‑12‑61 allowed the appeal and decreed the suit and i..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......this petition for special leave is as to the nature of the family arrangement under the Burmese Buddhist Law and whether such arrangement is binding upon the parties. He contended that the learned Judges of the High Court Division took an erroneous view as to the non‑production of the original..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ......section 4(b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 for abduction of minor girl on 17th March, 1991 from her father's house. 2. The learned Additional Sessions Judge, Satkhira rejected the prayer for bail on the ground that there were specific allegations aga..Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....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. ......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 ..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay 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: ......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...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. ......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..Category: Civil Law | Date: | Hits: 106
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