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Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....ant. Sharifuddin Chaklader, Advocate-on-Record for Md. Ataul Hoque, Advocate-on-Record (absent) - For the respondents. Civil Appeal No. 4 of 1988. (From the judgment and order dated 24-8-87 passed by the High Court Division, Rangpur Bench in Civil Revision No. 402 of 1985). ......the agreement of tenancy. 8. The High Court Division found fault with the finding of fact of the trial Court in the following manner. "In the instant case the decision of the learned Small Cause Courts Judge is not based on any evidence rather it is based o..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....man, Senior Advocate, (Matiur Rahman, Advocate with him), instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 92 of 1990, (From the judgment and order dated 11 th June, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 52 of 1986). ......y was imposed illegally in 1985 under the Rules of 1984; that the imposition of the major penalty of dismissal while the Enquiry Officer recommended a minor penalty was not justified; and that the decision taken after three years of the submission of the charge sheet smacked of malafide on the p..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....Huq, Advocate instructed by Ozair Farooq, Advocate-on-Record-For Respondent Nos. 2- 7. Ex parte - Respondent No. 1. Civil Appeal No. 34 of 1986. (From the Judgment and Decree dated 25.4.85 passed by the High Court Division, Comilla in Second Appeal No. 424 of 1964). ......; 7. The plaintiffs preferred a second appeal. The High Court Division set aside the decree of the lower appellate. Court and restored that of [lie trial Court on the ground that the decision of the lower appellate Court "is not based on any evidence or materials on record but..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....the Respondent (In Criminal Petition No. 30 of 1986). Criminal Appeal No. 9 of 1987. with Criminal Petition for leave to appeal No. 30 1986. (From the judgment and order dated 26th October, 1983 passed by the High Court Division, Comilla Bench, in Criminal Reference N......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ppellants. AW Bhuiyan, Additional Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 52 of 1986. (From the judgment and order dated 5th September 1985 passed by the High Court Division, Sylhet Bench in Civil Revision No. 40 ......a Chakraborty, did not show that Rani Proshad ever accepted the rent from the plaintiffs. The findings of the trial Court were not reversed by the appellate Court, after giving the reasons for its decisions, as required under rule 31 (c) of Order XLI of the Code of Civil Procedure. As they have ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....nt. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision No. 149 of ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....r the Appellant. Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Criminal Appeal No. 21 of 1986. (From the Judgment and Order dated 27th July 1983 passed by the High Court Division, Dhaka Bench in Criminal Appeal No. 137 of 19......others ATM Afzal and Latifur Rahman, JJ; I concur with the judgment of ATM Afzal, J. MH Rahman J.- I have read the draft judgments of brothers ATM Afzal and Latifur Rahman, JJ; I concur with the decision of ATM Afzal, J. ATM Afzal J.- This appeal by leave at the instance of the State is fr..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....structed by Md. Wahidullah, Advocate-on-Record-For the Respondents. Civil Appeal No. 67 of 1986. (From the Judgment and order passed by the High Court Division, Chittagong Bench dated 4.11.1985 in Civil Revision No. 241 of 1984). Judgment: &nbs......al or making the application within the statutory period. It does not say that the only medium through which the Court can be satisfied is by way of a separate application". 8. In that decision a reference was made to Mt. Kulsomun Nissa and another Vs. Noor Mohammad alias Sultan Hai..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....e, Advocate-on-Record-For the Respondent No. 1. Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 2 (State). Criminal Appeal No. 12 of 1991. From the Judgment and order dated 7.3.91 passed by the High Court Division, Dhaka in Criminal Revision No. 265 of 1988). ....... The learned Magistrate on receipt of the judgment in TS No. 502 of 1987 of the 2nd court of Subordinate Judge, Dhaka shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allow..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....ted by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-Respondents. Criminal Petition for leave to Appeal No. 26 of 1991. (From the Judgment and order dated 24.2.91 passed by the High Court Division, Dhaka in Criminal Revision No. 226 of 1991). ......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
....e, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellants. Mvi. Wahidulla (Md), Advocate-on-Record-For the Respondent. Criminal Appeal No. 7 of 1990 (From the Order dated 12.3.90 passed by the High Court Division, Dhaka in Criminal Appeal No. 173 of 1990.) ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ..Category: Criminal Law | Date: | Hits: 37
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....ate-on-Record (In both the appeals) - For the Appellant Ex parte (In both the appeals) - For the Respondents. Civil Appeal Nos. 19 and 20 of 1990. (From the judgment and order dated 9.2.1989 passed by the High Court Division, Barisal Bench, Barisal in Civil Revision Case Nos...... of the suit without a finding that if exparte decree against defendants 10-17 was null and void, the compromise decree against defendants 1-9 could not be maintained." 6. In that decision the compromise decree was upheld and it was ordered that the ex parte decree against defe..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
.... Kh. Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent No. 5. Civil Appeal No. 37 of 1988. (From the Judgment and Order dated 9th April, 1987, passed by the High Court Division, in Writ Petition No. 93 of 1985). ......ral appearing for respondents Nos. 1, 2 and 3 supported the view taken by the High Court Division. The learned Counsel for respondents 4 and 5 while supporting the impugned Government order and the decision of the High Court Division, contended that the alleged deed of exchange and power of atto..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....to 5(a) VIII, 6, 9 (Ka) - 9 (cha), 11-12, 13(1) to 13(6). Ex parte - Respondent Nos. 7, 8, 10(a) to 10 (c), 14 to 25. Civil Appeal No. 10 of 1985. (From the Judgment and order dated 3.11.83 passed by the High Court Division, Comilla Bench in First Appeal No. 358 of 1968). ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....han, Senior Advocate, (MA Wahab Mia Advocate, with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent Nos. 2 and 3, Dead. Substitution exempted vide Courts Order dated 5.2.87-Respondent No. 1. Civil Appeal No. 53 of 1986. (From the judgment and O......t’s appeal by leave and directed against judgment and order dated 6 February, 1986 passed by a Single Judge of the High Court Division, Chittagong Bench, in revision upholding the concurrent decision of the Courts below decreeing the suit being OS No. 85 of 1975 of the 5th Court of Assista..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....nts. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 to 6. Not represented-Respondent Nos. 7-8. Civil Appeal No. 63 of 1989. (From the Judgment and Order dated 2nd April, 1989 passed by the High Court Division, Chittagong Bench in Civil Revision No. 89 ......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
.... B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Respondent. Criminal Appeal No. 10 of 1987. (From the judgment and order dated 17th April, 1985 passed by the High Court Division, Rangpur, which, in Death Reference No. 3 o...... order of acquittal is, therefore, upheld. The appeal is dismissed. ATM Afzal J: I have gone through the judgments written by my learned brothers MH Rahman and Latifur Rahman JJ. I agree with the decision of brother. Latifur Rahman J: I had the privilege of going through the judgment of my ..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
...., instructed by Sharifuddin Chakladar, Advocate-on-Record‑For the Appellants. B Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1988. (From the judgment and order dated 5.8.86 passed by the High Court Division, Circuit Bench Barisal in Criminal Appeal No. 65 of 1......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....th being placed under it, under the provisions of Bangladesh Industrial Enterprises (Nationalisation) Order, 1972—P.O. 27 of 1972. A learned Single Judge of the High Court Division, by an order dated 1 April 1986 in Civil Revision No. 106 of 1985, has answered the question in the negative ov......1972. A learned Single Judge of the High Court Division, by an order dated 1 April 1986 in Civil Revision No. 106 of 1985, has answered the question in the negative over turning the trial Court's decision given in Title Suit No. 391 of 1983 of the Sixth Court of Munsif, Dhaka, which was filed by..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....te-on- Record— For the Respondent Nos. 2 to 4 & 6. Ex-parte—Respondent No. 5 Criminal Appeal No. 36 of 1984. Judgment: A.T.M. Afzal J. This appeal by leave is from judgment and order dated the 1st June 1988 passed by a Division Bench of the High Court Division, Dhaka refusing to i......rvation as quoted above. However, upon examining the grievance of the appellant with reference to the evidence on record and circumstances of the case we have come to the conclusion that the ultimate decision of the High Court Division was right, if only lacking in consideration of the grievance o..Category: Criminal Law | Date: | Hits: 53
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