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Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....orney‑General, with him), instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondents. Civil Appeal No. 49 of 1990 (From the judgment and order dated 12.11.1989 passed by the High Court Division, Dhaka, in Writ Petition No. 1270 of 1989). ......s vested with all such original appellate, special, revisional, review, procedural and all other powers as were exercisable by the High Court at Dacca. This High Court was given power to review its decisions, but no appellate forum was created. As to Advocates, Article 9 of this Order (PO No. 5 ..Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
....im Ali, In person-For the Petitioner. Not Represented – The Respondents. Civil Petition for Leave to appeal No. 149 of 1992 (From the Judgment and order dated 10.5.1990 passed by the Administrative Appellate Tribunal in Appeal No. 35 of 1989). ......date of original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further order" The condition of further inquiry, however, is that the decision to do so shall have to be taken within 30 days from the date of decision of the Court or A..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....in, Advocate Supreme Court, instructed by Md. Sajjadul Huq, Advocate‑on ‑Record‑‑For the Respondent. Civil Appeal No. 25 of 1990. (From the judgment and order dated 10.3.87 passed by the High Court Division, Dhaka in Writ Petition No. 355 of 1985) Judg......ition No. 355 of 1985, three appeals to this Court, by special leave, were preferred from the High Court Division's judgment. These are CA Nos. 10, 11 and 12 of 1987. Those appellants disputed the, decision as to non‑applicability of the new Rules and also raised certain question as to fac..Category: Employment/Service Law | Date: | Hits: 68
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....;For the Appellant. B Hossain, Advocate‑on‑Record‑For the Respondent in both the appeals Criminal Appeal No. 21 & 22 of 1991. (From the Judgment and Order dated 21 August 1991 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 506 and 5......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. ..Category: Constitutional Law | Date: | Hits: 150
....ifuddin Chaklader, Assistant Attorney‑General with him) instructed by AW Mallik, Advocate‑on‑Record-For the Respondents.
Civil Appeal No. 1 of 1992
(From the Judgment and Order dated 27.8.91 passed by the High Court Division in Writ Petition No. 1215 of 1988).
Judgment
......vision in the agreement for sale protecting its own investment, including purchase price, in case the lease is not extended beyond 31.3.83. It thought it would be a routine affair. It depended upon a decision of Disinvestment Board in which the Ministry of Industries agreed to take up the matter of ..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....dismissed. The Registration Act,1908 (Act XVI of 1908),Section 47 The Transfer of Property Act,1882 (Act IV of 1882), Section 53A A sale- deed which is registered will relate back to its own date of execution not of any date of prior bainapatra or a subsequent date of its registration. The ......d will relate back to its own date of execution not of any date of prior bainapatra or a subsequent date of its registration. The sale takes effect on the date of execution of the sale -deed. Earlier decision on this point, referring to defendant’s bainapatra, was wrong. However, the Courts below ..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
....8209;on‑Record‑ For the Petitioner. Not represented ‑Respondents. Criminal Petition for Special Leave to Appeal No. 57 of 1988 (From the judgment and order dated 1.9.87 passed by the High Court Division's Session at Barisal in Criminal Appeal No. 110 of ...... 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. ..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....uty Attorney‑General, instructed by Mvi. Md. Wahidulla, Advocate-on‑Record ‑ For the Respondent. Criminal Appeal No. 2 of 1991 (From the judgment and order dated 30.10.89 passed by the High Court Division, Dhaka, in Criminal Appeal No. 261 of 1986). ......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. ..Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....Khondker Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Ozair Farooq, Advocate-on-Record-For the Respondent. Civil Appeal No. 6 of 1990 (From the judgment and order dated 6th June, 1988 passed by the High Court Division, Dhaka, in Writ Petition No. 111 of 1985). ......ent of the octroi. 6. The learned Additional Attorney‑General has tried to say that the requirement of a certificate in Item No. 22 is a mere technicality and has referred to an Indian decision in Pratap Singh Vs. Krishna Gupta, AIR 1966 SC. 140, and Craies Statute Law, 7th Edition, ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....9;on‑Record- For the Respondent Nos. 1‑2. Not Represented ‑Respondents 3‑74. Civil Appeal No. 46 of 1989. (From the Judgment and order dated 17th February, 1988 passed by the High Court Division, Comilla Session, Comilla in Civil Rev......ese kabuliyats in the instant case. The learned Advocate in support of his argument has also cited the case of Abdullah and 3 others Vs. Abdul Karim and others reported in 20 DLR (SC) 205. In that decision it has been held that objection as to formal proof of a document is to be taken at the ear..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....the Appellant. Shafique Ahmed, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Civil Appeal No. 61 of 1986 (From the Judgment and Decree dated 16.1.85 passed by the High Court Division, Chittagong Bench, in Second Appeal No. 703 of 196......he court of original jurisdiction which was to decide this most vital question of possession of the defendants did not at all consider any of the defendant’s witnesses before arriving at the decision that the defendants were in continuous possession since the time of their predecessorsR..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....lants. Dr. Rafiqur Rahman, Senior Advocate instructed by Seraiur Rahman, Advocate‑on‑Record‑ For the Respondents. Civil Appeal No. 49 of 1989 (From the Judgment and Decree dated 23.8.88 passed by the High Court Division, Barisal Bench in First Appeal No. 123 of 1980). ......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. ..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....orney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑onRecord ‑For the Respondent. Criminal Appeal No. 2 of 1992. (From the judgment and order dated 25th November, 1991 passed by the High Court Division in Criminal Revision No. 3469 of 1991)......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. ..Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
.... 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 of 1976) ......appear that the plaintiff raised this objection either in the trial Court or in the Appellate Court. How is it that a specific issue a to non‑joinder of parties was allowed to be taken up for decision? Then again in the memo of the First Appeal, there is nothing to show that the plaintiff r..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....torney‑ General with him) instructed by Sharifuddin Chakladar, Advocate‑on‑Record ‑For the Respondent. Criminal Petition for Leave to Appeal No. 8 of 1992. (From the Judgment and Order dated 21.1.1992 passed by the High Court Division, Dhaka in Criminal Revision No. 120 of 1992). J......sal of the Civil Suit and that he discretion vested in the trial Court as also in the High Court High Court Division was not properly exercised. He argued that it was not considered properly that the decision in the civil suit has a great bearing on the allegations brought against the petitioner in ..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....Md. Wahidullah, Advocate‑on‑Record For the Respondent No.1. Ex‑parte ‑ Respondent Nos. 2.15. Civil Appeal No. 69 of 1986 (From the Judgment and order dated 25th May, 1986 passed by the High Court Division, Circuit Bench, Jessore in Civil Revision N......ing for the appellant, submits that the finding of the learned Single Judge of the High Court Division regarding the validity of President's Order No. 88 of 1972 cannot be questioned in view of the decision of the Appellate Division reported in 32 DLR (AD) 233. But the learned advocate submits th..Category: Civil Law | Date: | Hits: 106
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate‑on‑Record‑ For the Respondent. Civil Appeal No. 31 of 1988 (From the Judgment and order dated 28.4.85 and 29.4.85 passed by the High Court Division, Chittagong Bench in Application No. 4......oncerned and also granted 15 days gross salary as relief for House Building to the permanent staff”. 4. It was also stated in the Agreement: "In pursuance of the policy decision of P & O, Mr. DW McKay visited Chittagong and announced the closure of Mackinnon Mack..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....ondent No. 1). Sirajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondent No. 2. Criminal Appeal No. 16 of 1991 (From the Judgment and order dated 13th May, 1991 passed by the High Court Division in Criminal Revision No. 936 of 1990. Judg......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....Fazlul Huq, Advocate with him), Instructed by Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For the Respondent. Civil Appeal No. 44 of 1991 (From the Judgment and order dated 5th August, 1991 passed by the High Court Division, Dhaka Civil Order No. 2240 of 1991). ......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. ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....espondent Nos. 3 (In Civil Appeal No. 4 of 1991). Not Represented ‑Respondent Nos. 1, 2, 4 to 12 (In Civil Appeal No. 4 of 1991). Civil Appeal No. 35 of 1987 (From the judgment and order dated 17th June, 1987 passed by the High Court Division in Writ Petition No. 240 of 1987) Civil ......ional enactment conferring legislative powers must be construed not in any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tribunal The power to create an appellate forum can be found from the p..Category: Administrative Law | Date: | Hits: 203
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