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Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
....h him), instructed by Mvi. Md. Wahidullah, Advocate‑ on‑ Record ‑For the Respondents. Civil Petition for leave to appeal No. 49 of 1992 (From the judgment and order dated 28th November, 1991 passed by the High Court Division, Dhaka in Writ Petition No. 2306 of 199...... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....ed Ishtiaq Ahmed, Senior Advocate instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For Respondent No. 2 Civil Appeal No. 11 of 1991 (From the Judgment and order dated 30, 10.90 passed by the High Court Division, Dhaka in Civil Order No. 1985 of 1990). ...... to the proposed punishment was illegal. Hence the suit was decreed. On appeal the learned 'Additional District Judge agreed with the aforesaid findings of the trial Court and relied upon the same decisions. Additionally, the lower appellate Court held that on the principle of natural justice th..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ain, Advocate‑on‑Record ‑ For the Respondents 1‑ 4. Ex‑parte ‑ Respondents 5‑28. Civil Appeal No. 37 of 1987 (From the Judgment and Decree dated 6th November, 1985 passed by the High Court Division, Sylhet Bench in Second Appeal No. 1449......;s taluq but they had occupied the land for more than twenty years having made encroachment upon the land of defendant No. 2 and thus acquired a valid title. The Subordinate Judge reversed the said decision holding that the plaintiffs' own case having failed they cannot be permitted to turn roun..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....Advocate, Supreme Court, instructed by Abdul Baset Majumder, Advocate‑on‑record ‑ For the Respondent No. 1. Civil Appeal No. 81 of 1990 (From the judgment and order dated 1.2.90 passed by the High Court Division, Dhaka, in Civil Revision No. 709 of 1988). Jud...... the appellant, keeping in view the mandatory provisions of order V, rules 16 and 18 CPC Secondly, he submits, the lower appellate Court not commit did any error of law resulting in an error in the decision occasioning failure of justice so as to invite interference by the High Court Division in ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....d-For the Respondents 1(c) & 1(d). Not represented ‑Respondent Nos. 1(a) to 1 (b), 1(c) to 1(I) and 2. Civil Appeal No. 4 of 1986 (From the judgment and decree dated 15th July, 1985 passed by the High Court Division, Barisal Bench in Second Appeal No. 295 of ...... or gift" the trial Court held that the deed of release was not a document of transfer and that plaintiff No. 1 was the real owner of the property. The Appellate Court, however, reversed that decision. It disbelieved the case of benami on a detailed consideration of matters involved in the ..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....er Advocate‑on ‑Record‑ Respondent Nos. 7‑9. Not Represented ‑Respondent Nos. 2‑6. Civil Appeal No. 96 of 1990 (From the Judgment and Order dated 16.8.90 passed by the High Court Division, Dhaka in Civil Revision No. 837 of 1985). ......the plaintiff was directly and substantially in issue in the suit and without deciding that issue the plaintiff could not be given any relief under section 42 of the Specific Relief Act and that a decision on the issue of title would also decide her locus standi to file the suit. After remand t..Category: Property Law | Date: | Hits: 58
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....r Advocate instructed by Sharifuddin Chaklader, Advocate‑on-Record‑ For the Respondent No.1. Ex‑Parte‑ Respondent No. 2 to 7. Civil Appeal No. 63 of 1986 (From the Judgment and Order dated 17.3.1985 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 895 of 1...... case in OC suit No. 109/70 was asserted as the defendant's (appellant herein) case in TS. 48/71. 6. Upon the above pleadings of the aforesaid suits the learned Assistant Judge framed 4 issues for decision and after considering the facts and circumstances and the evidence on record, by judgment d..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ondent No. 4 (In Civil Appeal No. 23 of 1991) Not represented ‑ Respondent Nos. 2‑3. (In Civil Appeal No. 23 of 1991) Civil Appeal Nos. 22 & 23 of 1991. (From the Judgment and order dated 11.02.91 passed by the High Court Division, Dhaka in Writ Petition No. 6 of 1991.) Judgment......ourt Division, Dhaka in Writ Petition No. 6 of 1991.) Judgment MH Rahman J.- I have gone through the judgments written by my learned brothers ATM Afzal and Latifur Rahman, JJ. I agree with the decision of brother ATM Afzal J. ATM Afzal J.- These two appeals by leave CA 22/91 by the Collec..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....l Appeal No. 52 of 1989) Alimuzzaman Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For Respondent No. 2 (In Civil Appeal No. 53 of 1989) Substituted vide order dated 24.10.89 who are already on record ‑ Respondent No. 5 (in CA No‑52/1989) Substituted vi...... by inheritance. His claim for pre‑emption has been ultimately rejected by the High Court Division holding that he had acquiesced in the sale and waived his right of pre‑emption. Challenging this decision he took leave from us and filed these two appeals, in which the only question is whether he..Category: Property Law | Date: | Hits: 70
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... Abdur Rashid, Advocate, instructed by Shamsul Hoque Siddique, Advocate‑on ‑Record ‑ For the Respondents. Criminal Appeal No. 4 of 1990 (From the Judgment and Order dated 27.6.1989 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 44 of 1987) ...... 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 ..Category: Criminal Law | Date: | Hits: 53
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....;on‑Record – For the Appellant Mohammad Ayub, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No.54 of 1986 (From the Judgment and decree dated 3rd June, 1985 passed by the High court Division, Sylhet Bench, Sylhet in Second Appeal No.90......e by the final court of fact without assigning any reasons whatsoever. 6. The plaintiff sought for declaration on the basis of the deed of gift Ext.5 and consequently, the main question for decision is whether the deed of gift is valid and on that basis the plaintiff can seek for declarat..Category: Property Law | Date: | Hits: 56
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ain, Advocate‑on‑Record ‑For the Respondent No, 2. Ex parte‑ Respondent No. 1. Syed Amirul Islam, Advocate- Amicus Curie. Civil Appeal No. 27 of 1987. (From the judgment and order dated 10th July, 1986 passed by the High Court Division, Dhaka in Writ Petition No. 547 of 1985). ......our Court stayed the order of transfer till disposal of the IRO case. The High Court Division upheld that order in the appellant's Writ Petition No.547 of 1985. 2. As there are several conflicting decisions of the High Court Division, leave was granted to settle the question whether under the IRO..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
....Hossain, Advocate‑on‑Record ‑ For the Respondent No.1. Ex‑parte‑ Respondent Nos. 2 & 3. Civil Appeal No.9 of 1986 (From the Judgment and order dated 19th November, 1985 passed by the High Court Division, Dhaka in Civil Revision No.773 of 1984......r dated 30th July, 1985. 6. Leave was granted to consider whether in the facts of the case the disposal of the appeal on the point of limitation amounts to disposal on merit, and whether the decision in Md. Wasiq Khan Vs. Md. Sabiq Khan 31 DLR (AD) 51 has been correct interpreted by the Hi..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
...., (Sharifuddin Chaklader, Assistant Attorney‑General, with him) instructed by AW Mallik, Advocate‑on‑Record. Civil Appeal No. 25 of 1991 (From the judgment and order dated 6th March, 1991 passed by the High Court Division, Dhaka in Writ Petition No. 136 of 1991) ......ath passed by a Special Military Court that did not suffer from any lack of jurisdiction as the Martial Law Regulation under which the conviction was made was validated by the Fifth Amendment. The decision in Halima Khatun Vs. Bangladesh 30 DLR (SC) 207, upholding an ouster clause in a Martial L..Category: Constitutional Law | Date: | Hits: 365
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....te‑on‑Record ‑ For the Petitioners. Not represented ‑ For Respondents. Civil Petition for Leave to Appeal No. 103 of 1991 (From the Judgment and order dated 26.7.90 passed by the High Court Division, Dhaka in First Miscellaneous Appeal No. 34 of 1988......ts' Advocate. It held that there was non‑compliance of Rule 388(2) of the Civil Rules and Orders (Vol. 1) issued by the authority of the Supreme Court (High Court Division) and relying on the decision of Muhammed Ramjan Sawdagar Vs. AHM Fazlul Huq, 15 DLR 99, allowed the appeal on the term..Category: Procedural Law | Date: | Hits: 99
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....ants. SC Das, Advocate instructed by Sharifuddin Chaklader, Advocate‑on ‑Record ‑For Respondent No. 1. Civil Appeal No. 31 of 1986 (From the Judgment and order dated 14.1.85 passed by the High Court Division, Chittagong Bench in the Civil Revision No. 11 of ......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....d. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondents. Khondkar Mahbubuddin Ahmed, Senior Advocate ‑ Amicus Curiae. Civil Appeal No. 33 of 1988 (From the judgment and order dated 10.5.1988 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revision No......ath of a monthly tenant judgment‑debtor, his heirs can be substituted for the purpose of execution of the decree for ejectment. In order words, whether a monthly tenancy is heritable. In an earlier decision of this Court in the case of Abdus Sattar Vs. Suresh Chandra Das, 32 DLR (AD) 171, which wa..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....Ahmed, Advocate-on-Record—For the Respondent Nos. 1-15. Exparte—Respondent Nos. 16 to 20. Civil Appeal No. 28-D of 1971 (On appeal from the judgment and decree dated 28th June, 1968 passed by the High Court Division in Appeal from Original Decree No. 138 of l...... are that the plaintiff-respondents instituted a title suit for declaration of title and for khas possession of the suit lands after evicting the defendants therefrom and further for declaring the decision by the Revenue Officer dated 23. 12. 54 in Misc. Case No. 2 of the R. O. S. Court, Barisal..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....structed by Md. M. R. Khan, Advocate-on-Record—For Respondent No. 2. Ex-parte—Respondent No. 1. Civil Appeal NO. 8 of 1975. (On appeal from the judgment and order dated 28th March, 1974 passed by the High Court Division in Petition No. 252 of 1973). Judgm......tor as such or against the society or any member thereof except by leave of the Registrar and subject to such terms as he may impose. (3) Same as provided in this Act, no order, decision or award under this Act shall be liable to be challenged, set aside, modifi..Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
.... K. A. Bakir, Attorney-General instructed by B. C. Panday, Advocate-on-Record—U/O XLV, Rule 1, 5. C (A.D) Rules. Civil Appeal No. 9 of 1974. (From the judgment and order dated 16-7-49 passed by the erstwhile High Court of East Pakistan in Criminal Revision No. 516 of 1......n behalf of the appellant that he duly appeared on behalf of his client, that is, the petitioner in the Criminal Revision No. 516 of 1967 and submitted a requisition slip calling for two unreported decisions in Criminal Revision Case Nos. 413 and 454 of 1966 in which the identical question of la..Category: Others | Date: | Hits: 157
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