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Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....Record-For the Appellants. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1. Not Represented- Respondent Nos. 2‑5. Civil Appeal No. 6 of 1992 (From the judgment and Order dated 12.3.91 passed by the High Court Division in Civil Revision No. 779 of 1990). Judgment: ......Civil Procedure. It will not be governed by the principle of survival of cause of any Costs action as in Order 22 rule 3 of the Code of Civil Procedure. Secondly, it was contended that in view of the decision of this Court in the case of Pradhip Das alias Shambhu vs. Kazal Das Sarma, 44 DLR (AD) 1, ..Category: Tenancy Law | Date: | Hits: 90
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
.... Gafur, Advocate-on-Record - For the Petitioners. Not Represented - For the Respondent. Civil Petition for Leave to Appeal No. 232 of 1991. (From the judgment and order dated 6.3.91 passed by the High Court Division, Dhaka, in Civil Revision No. 669 of 1986). ......dfather. The learned Subordinate Judge rejected this contention and upheld the claim of the respondent‑grand‑daughter. But on appeal, the learned Additional District Judge reversed this decision taking the view that the grand‑daughter did not inherit anything on the death of her..Category: Others | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....ate-on-Record-For the Appellants. AKM Nazrul Islam, Advocate, instructed by Mvi Wahidullah, Advocate-on-Record-For the Respondent. Civil Appeal No. 73 of 1990 (From the judgment and order dated 12th March, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 475 of 1986.) ......ave been done impliedly because the delegating authority did not object to it. The Board's ratification of the order after it was struck down by the High Court Division will have no effect. 12. A decision of a court can only be varied, modified or set aside by the court itself on review, or in a..Category: Employment/Service Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....nt. Sharifuddin Chaklader, Advocate-on-Record- For the Respondent No. 1. Not Represented- Respondent Nos. 24. Civil Appeal No. 45 of 1989. (From the Judgment and order dated 25th November, 1986 passed by the High Court Division, Jessore Session, Jessore, in Ci...... present case and thereby failed to consider the real import of the document on consideration of all other attending facts and Circumstances of the case. A reference to paragraph 5 of the reported decision will show that their Lordships of the Appellate Division held as follows: &quo..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....ate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate‑onRecord ‑ For Respondent Nos. 1 & 2. Civil Appeal No. 20 of 1991. (From the judgment and order dated 27th May, 1990 passed by the High Court Division, Dhaka, in Writ Petition No. 1038 of 1990).......tutory rules framed by the Government under Article 24 or regulations made by the Corporation under Article 25, the appellant was to be governed by the principle of natural justice. In view Of the decision of this Court in the case of BSI Corporation vs. Mahbub Hossain, 29 DLR (SC) 41, an employ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
.... B Hossain, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate-on-Record- for the Respondent. Criminal Appeal No. 16 of 1990. (From the Judgment and order dated 22nd May, 1986 passed by the High Court Division, Comilla Bench in Criminal Appeal No. 213 o......them might not have been named, or identified, or brought to trial. In the present case, there being no such evidence, application of section 149 becomes untenable after the acquittal of five. The decision in this case rests, however, not so much on the ground of the absence of the statutory num..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
.... the Appellants. NH Khondkar, Advocate-on-Record-For the Respondent No. 1. Not Represented-Respondent Nos. 2-3. Civil Appeal No. 3 of 1991. From the judgment and order dated 25.2.90 passed by the High Court Division, Dhaka, in Civil Order No. 579 of 1990) Judgm......ocate for the respondent, has argued that when the respondent is not governed by the law of master and servant, the civil Court's jurisdiction is not totally ousted. He has referred to a number of decisions including a decision of the Appellate Division in the case of Managing Director, Janata B..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....Respondent No. 4 in CA No. 68/90. Not Represented - Respondent Nos. 2-5 in CA No. 61/90. Civil Appeal Nos. 61 & 68 of 1990. (From the Judgment and Order dated 25.3.90 passed by the High Court Division, Dhaka in first Appeal No. 17 and 19 of 198...... in respect of Tk. 3,14,500'00. 29. Hence we find no merit in Civil Appeal No. 61 of 1990. 30. Civil Appeal No. 68 of 1990 has been preferred by the plaintiff against the decision of the High Court Division disallowing the plaintiff's claim of Tk. 7,00,000'00 which, he ..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
.... Senior Advocate instructed by M Nawab Ali, Advocate-on-Record - for the Respondent No.1. Not Represented – Respondent Nos. 2‑3. Civil Appeal No. 5 of 1992. (From the Judgment and order dated 29th May, 1991 passed by the High Court Division in Civil Revision No. 2049 of 1990). Judgm......learned District Judge on 20th March, 1984. The order of the learned District Judge was not challenged in the High Court Division. 3. The suit was dismissed on 24th February 1987 and on appeal the decision of the trial court was upheld. The appellants then preferred aforesaid Civil Revision No. 2..Category: Property Law | Date: | Hits: 67
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....t, instructed by Md. Aftab Hossain, Advocate-on- Record -For the Petitioner. Not Represented -Respondents. Criminal petition for leave to appeal No. 62 of 1992 (From the judgment and order dated 22. 4. 92, passed by the High Court Division of the Supreme Court in Criminal Revision No. 311......d with the power of a Special Judge under section 3 of the Criminal Law Amendment Act, 1958. The petitioner is seeking leave to appeal from this order. 2. The learned Judges relied upon an earlier decision of the High Court Division in Criminal Appeal No. 224 of 1988 to the effect that for exerci..Category: Anti-Corruption Laws | Date: | Hits: 100
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....vocate, (Dr. Rafiqur Rahman, Senior Advocate with him) instructed by Serajur Rahman, Advocate‑on‑Record‑For the Respondent No. 4. Civil Appeal No. 13 of 1987 (From the Judgment and Order dated 24.11.85 passed by the High Court Division, Barisal Bench in Civil Revision No. 311 of 1981) ......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. ..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....; Amirul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 32 of 1990. (From the judgment and order dated 20th November, 1990 passed by the High Court Division, Dhaka in Civil Revision Case No, 60 o...... was concluded by telex reliance is placed on Entores Ltd Vs. Miles Far East Corporation 1955 (2) QBD 327. 12. For bringing home the import of the practice of English Courts, and of English decisions, reliance is placed on a number of decisions, particularly in Champaklal Vs. Nectar Tea C..Category: Business or Commercial Law | Date: | Hits: 124
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....d. Nawab Ali, advocate-on-Record- For the Petitioners. Not Represented -For the Respondent. Criminal Petition for leave to appeal No. 17 of 1992. (From the judgment and order dated 22‑1‑92 passed by the High Court Division, Dhaka, in Criminal Appeal No. 194 of ...... 148 of the Penal Code is not a minor offence in relation to the offence of murder under section 302, with which the petitioners had been charged. In support of this contention he has referred to a decision of the Supreme Court in Sultan Ahmed and others Vs. The State, 12 DLR (SC) 53. 5. I..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....209;on‑Record ‑ For the Appellant. M Nawab Ali, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No. 7 of 1988 (From the Judgment and order dated 24th November, 1985 passed by the High Court Division, Rangpur Bench in Civil Revision No. 1......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. ..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
.... Sharifuddin Chaklader, Advocate-on -Record-For the Respondent Nos. 1 and 2. Not represented-Respondent Nos 3 and 5. Civil Appeal No. 29 of 1990. (From the Judgment and Order dated 6.7.89 passed by the High Court Division. Barisal Bench in Civil Order No. 111 of 1989). ......h Court Division summarily dismissed the application on the short ground that the appellant "has made submission on facts" and has "not been able to point out any error of law in the decision" of the lower appellate Court "for issuance of Rule." 12. Leave was ..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....i, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the High Court Division in Death Reference No. 1 of 1985 with Criminal Appe......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. ..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
.... Hossain, Deputy Attorney‑General instructed by Zinnur Ahmed, Advocate-on-Record-For the Respondent No. 2 (State). Criminal Appeal No. 21 of 1990. (From the Judgment and Order dated 24 October, 1989 passed by the High Court Division, Dhaka in Criminal Revision No. 90 of 198......ble of the evidence does not interfere with an order of acquittal. The alleged misreading of evidence in the circumstances of the case is not of a kind which can surely be said to have affected the decision on merit. 16. It is significant that the accused did not challenge the occurrence ..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....ocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent Nos. 5-6. Contempt Petition No. 1 of 1990. (Application for Contempt of Court arising out of an order dated 25.1.90 passed by this Court in Civil Petition No. 283 of 1989). Judgment: &nbs...... from the moment the order is passed the court to which the application is made for execution has no authority to execute it. Different High Courts took different views relying on either of the two decisions. In Mulraj Vs. Murti Raghunathji Maharaj AIR 1967 SC 1386 the Indian Supreme Court after ..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....eral, instructed by B Hossain, Advocate‑on- Record-For the Appellant Ex - parte - For the Respondents. Criminal Appeal No. 11 of 1988. (From the judgment and order dated 5.8.1986 passed by the High Court Division, Circuit Bench, Jessore, in Criminal Reference No......f section 4(3), which gives power to the Senior Special Judge to transfer a case from one Special judge to another Special judge is not applicable Questioning the legality and correctness of this decision, the State has come in this appeal. 3. Mr. A Wadud Bhuiyan, learned Additional Atto..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....209;For the Respondent Nos. 34 (In CA 36/1990) Not Represented‑Respondent No. 2 (In CA 36/1991) Civil Appeal Nos. 100 of 1990 and 36 of 1991 (From the Judgment and Order dated 16th August, 1990 passed by the High Court Division, Dhaka In Matter No. 44 of 1988). ......it is only legitimate and fair to hold that the Registrar should be left alone to exercise his discretion at the first instance subject to any remedy that may be available under the law against his decision. The High Court Division in view of its finding that there was no fraud could not give an..Category: Intellectual Property Law | Date: | Hits: 227
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