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Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)

....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ...... and order passed by a Division Bench of the High Court Division in Civil Order No. 2240 of 1991, summarily rejecting the revisional application after affirming the order passed by the Subordinate Judge, Artha Rin Adalat (3rd Commercial Court), Dhaka in Money Suit No. 99 of 1990. 2. The m..

Category: Banking Law | Date: | Hits: 150

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

.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......) applies to appellate Tribunal, because it is a tribunal to which Article 117 applies. The appeals are dismissed……………………(40,91) Cases Referred to- AKM Ruhul Amin Vs. District Judge 38 DLR (AD) 172; Waterside Workers' Federation of Australia Vs. Alexander Limited (1918) 25 CL..

Category: Administrative Law | Date: | Hits: 203

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

....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. ......der of the High Court Division in Civil Order No. 1985 of 1990 dated 30.10.90 rejecting the revisional application summarily and thereby affirming the judgment and decree of the Additional District Judge passed on 15.9.90 in Title Appeal No. 316 of 1990 in affirmance of those of the learned Subo..

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

Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)

....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......            ATM Afzal J: This is a plaintiffs appeal by leave which arises out of the judgment and decree dated 6 November 1985 passed by a Single Judge of the High Court Division (at Sylhet) in Second Appeal No. 1449 of 1968 setting aside the co..

Category: Property Law | Date: | Hits: 62

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

....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. ......by the Court on 5‑2‑85 the plaintiff received notice under section 82 CPC. The suit was dismissed on other grounds. 6. The plaintiffs appeal was heard by the learned Subordinate Judge, 4th, Court, Dhaka. It appears that the appellate Court examined DWI, Abdul Gani a process se..

Category: Property Law | Date: | Hits: 56

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

....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......inding that the deed of release was in fact a deed of sale and the appellate Court further held that plaintiff No. 2 was not in the benamder of plaintiff No. 1. In second appeal the learned Single Judge of the High Court Division took up only one question as to whether Ext. 7, the Nadabi patra c..

Category: Others | Date: | Hits: 178

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

....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. ......bsp;         ATM Afzal J: This appeal by defendant Nos. 2 and 3, following leave, arises out of judgment and order dated 16 August, 1990 passed by a Single Judge of the High Court Division, Dhaka in Civil Revision No. 837 of 1985 discharging the Rule and ..

Category: Property Law | Date: | Hits: 58

Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)

....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......, was decreed by the learned Sadar Munsif, 2nd Court, Sylhet by his judgment and decree dated 23‑10‑69. The suit was dismissed on appeal in Title Appeal No. 456 of 1969 by the learned Subordinate Judge, 1st Additional Court, Sylhet by his judgment and decree dated 30‑5‑70. The High Court Div..

Category: Property Law | Date: | Hits: 63

Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)

....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......Bench in Civil Revision Case No. 895 of 1979). Judgment ATM Afzal J.- This appeal by the defendant, following leave, is directed against Judgment dated 17 March, 1985 passed by a learned Single Judge of the High Court Division (Rangpur Bench) in Civil Revision No. 895 of 1979 setting aside the..

Category: Property Law | Date: | Hits: 93

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

....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. ......alls. 4. A dispute was raised by the Bangladesh Shipping Corporation claiming the balance charter fees which resulted in a money suit being Money Suit No. 387 of 1990 in the 2nd Court of the Sub‑Judge, Chittagong. It was prayed by the Corporation to hold an auction sale of the balance quantity ..

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

Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)

....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. ...... of the land. 3. The trial Court, by a common judgment dated 28.4.83, dismissed the Misc. cases refusing pre‑emption. On appeal‑Misc. Appeals Nos. 164 and 165 of 1983‑the learned Subordinate Judge, by his judgment dated 22 June 1987, reversed the trial Court's decision and allowed pre‑emp..

Category: Property Law | Date: | Hits: 70

Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)

.... 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 ......ali (receiver) be directed to hand over possession of the land to the first party. 6. The second party being aggrieved by the said order of the learned Magistrate moved the learned Sessions Judge, Mymensingh under sections 435/439A Cr PC The case, Criminal Revision No. 110 of 1985, was ta..

Category: Criminal Law | Date: | Hits: 53

Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)

....& 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. ......r No‑238 of 1987) Judgment:            MH Rahman J: Appellant filed a suit, SCC Suit No. 54 of 1986, in the Court of Subordinate Judge, First Court, Chittagong against defendant‑respondent No. 2. On 26th November, 1986 res..

Category: Procedural Law | Date: | Hits: 110

Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)

....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. ......(Barisal) (Death Reference No. 5 of 1987, Dhaka) and dismissing Jail appeal No. 39 of 1988 (Barisal) (Jail Appeal No. 59 of 1987, Dhaka) upholding the conviction and sentence passed by the Sessions Judge, Barguna in Sessions Case No. 52 of 1958 convicting the three appellants under sections 302/3..

Category: Criminal Law | Date: | Hits: 69

Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)

....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......nd and the story of alleged dispossession of the plaintiff by him in Chaitra, 1360 BS was false. 4. The trial Court dismissed the suit and on appeal the suit was decreed. The learned Single Judge of the High Court Division in Second Appeal reversed the judgment of the lower appellate cour..

Category: Property Law | Date: | Hits: 56

Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)

....sp;                               Ed. ......e Ekram Miah Chowdhury, the predecessor‑in‑interest of the principal respondent Nos. 1(a) to 1(j), as plaintiff brought other Suit No. 35 of 1969 in the Second Court of the Subordinate Judge, Chittagong for declaration of his title to the suit land described in schedule 1(a) and 2(a)..

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. ....... 5. After considering 19 DLR (Dac) 612 and 29 DLR 148 the High Court Division in the instant case followed 33 DLR 376 terming it as "the latest pronouncement" of that Court. The learned Judge, Sultan Hossain Khan, J., who delivered the judgment in this case was a party to 33 DLR 376.&n..

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

Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)

...., 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. ......p;              MH Rahman J.- On 7th December, 1991, appellant instituted Title Suit No.874 of 1979 in the First Court of Subordinate Judge, Dhaka for specific performance of a contract for exchange of property. The suit was decreed..

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. ......neral Clauses Act, 1897, made applicable to the said Proclamations and the Martial Law Regulations and Martial Law Orders promulgated during the Martial Law period; that under the law the Sessions Judge was to issue the warrant in this case, but the issuance of the warrant by the ADM, Tangail is..

Category: Constitutional Law | Date: | Hits: 365

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

....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. ......e High Court Division, Dhaka in Civil Revision 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 2..

Category: Limitation Law | Date: | Hits: 185