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

....perty and imposition of fine on the transferor have been provided in section 6 of the Act. It is true that a penal provision in a statute is to be construed strictly, but it is also an established principle of construction that if the intent of a provision in a statute is clear then it must be g......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. ......in, AIR 1968 Pat. 274; Satyesh Chandra Banerjee vs. Sm. Rani Banerjee and others, AIR 1977 Cal. 509 & Sanjukta Chatterjee Vs. Mrinmoy Chatterjee and others, 84 CWH (1979‑80) 688. Lawyers Involved: Salehuzzaman, Deputy Attorney‑General, instructed by B Hossain, Advo..

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. ......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. ...............................Defendant‑Appellant. Vs. Anwara Khatun and others.............................Plaintiff‑Respondents Judgment January 15, 1992. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam with him) instr..

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. ......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. ...... dismissed. Cases Referred To- Abdul Hafiz Chowdhury Vs. Somar Ali @ Samir Ali, 4 DLR 126; Ganu Mia Vs. Abdul Jabbar, 10 DLR 636; Tazal Hoque and others Vs. Md. Affan and others, 17 DLR 613. Lawyers Involved: MH Khander, Senior Advocate (AJ Mohammad Ali and Syed Md. Dastagir Hossain, Ad..

Category: Property Law | Date: | Hits: 63

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

....ct of the judgment‑debtor's possession or otherwise at the date of the sale was not at all considered by the learned Judge of the High Court Division. He, therefore, prayed, making reference to the principles enunciated in the two cases, namely, Nasiruddin Vs. Sayadur Rahman, AIR 1914 (Cal) 527 an......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: ......pondents Judgment June 6, 1991. Result: The appeal is allowed. Case Referred to- Nasiruddin Vs. Sayadur Rahman, AIR 1914 (Cal) 527; Dokari Joddar Vs. Nilmani, AIR 191 (Cal) 983. Lawyers Involved: SS Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate‑on..

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. ......nt (No. 1) had to file an additional paper book containing various correspondences between the Bangladesh Bank and other banks and other documents including Uniform Rules for Collations issued by the International Chamber of Commerce, Paris, besides making reference to text books, authorities and de......f 1991) Abu Taleb alias Tyeb and anothers............Appellants Vs. Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wah..

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

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

....rt in effect found a case of acquiescence in favour of the pre‑emptees". It is to be seen whether this view of the learned Single Judge is sustainable in law and fact. 7. Basis for applying the principles of acquiescence and waiver is found to be the pre‑emptor's knowledge of the sale from t......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. ...... Md Serajuddin and others...... Pre‑emptees‑Respondents (In Civil Appeal No. 53 of 1989) Judgment January 6, 1992. Case Referred to- Govinda Marotisa vs. Ismail AIR 1950 Nag 22. Lawyers Involved: M Nurullah, Senior Advocate, Supreme Court, instructed by Sharifuddin Chaklader..

Category: Property Law | Date: | Hits: 70

Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)

....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......Mannan and others .........................Accused‑Appellants. Vs. State ....... .............................................Respondent Judgment July 9, 1991 Lawyer Involved: Md. Aftab Hossain, Advocate‑on‑Record-For the Appellants. ..

Category: Criminal Law | Date: | Hits: 60

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

....as to who is in physical possession of the subject of the dispute and not who is entitled to such possession. In other words the section is not concerned with the niceties of title. 14. The principles referred to are not in dispute. The question is whether the High Court Division was just...... 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 ......9;Respondents Judgment July 24, 1991 Cases referred To: Agni Kumar Das vs. Mantazuddin AIR 1928 (Cal) 610 & Gaetano Colaco vs. Joao Rodrigaes AIR 1966 Goa 36. Lawyers Involved: Aminul Haque, Advocate instructed by Sharifuddin Chaklader, Advocate‑..

Category: Criminal Law | Date: | Hits: 53

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. ......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. ......t Ali and others ......................................Condemned prisoners‑Appellants Vs. The State .....................Respondent Judgment August 6, 1991 Lawyers Involved: Md. Abdus Sobhan, Advocate, instructed by Md. Ataul Haque, Advocate‑..

Category: Criminal Law | Date: | Hits: 69

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

....int mess with donor Keramat. In view of the admitted position that plaintiff was a minor at the time of the gift, we are to consider the question of incompleteness of the gift, keeping in view the principle of Muslim Law as to gift to a minor by his guardian. We may refer to section 155 of Mulla......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. ......others Vs. Sarfaraz Khan and others PLD 1956 SC (Pak) 309; Aurangzeb and others Vs. Daud Khan and others PLD 1957 (WP) Pesh. 85 & Hakim Khan vs. Aurangzeb and others PLD 1975 (Lah) 1170. Lawyers Involved: Syed Mudassir Hossain Advocate, instructed by Md. Aftab Hossain Advocate&#..

Category: Property Law | Date: | Hits: 56

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

....sp; Ed. ......sp; Ed. ...... Ekram Mia Chowdhury (Plaintiff in the suit) being dead his heirs; Mahmuda Khatun & others...………. Plaintiff‑Respondents Judgment March 19, 1991 Lawyers Involved: M Nurullah, Senior Advocate instructed by B Hossain, Advocate‑onR..

Category: Procedural Law | Date: | Hits: 122

Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)

.... amendment was made in section 36 of the IRO and the Labour Court is left to deal with an application under section 34 in consonance with the acknowledged judicial norms of adjudication including the principles of natural justice. 15. In some of the decisions of the High Court Division and in the......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. ...... 13, 1991. Cases Referred to- Radha Kissen Chamria and others Vs. Durga Prosad Chamria AIR 1940 PC 167 & Commissioner of Income tax Vs. Vadilal Lallu Bhai AIR 1973 (SC) 1016. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Khalilur Rahman, Advocate with him) instruct..

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

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

....f appeal which is pending subject to the limitation that the appeal itself is not disposed of in the meantime on merit whereupon he loses his right to pursue the Miscellaneous Case because on the principle of merger the decree of the trial court merges into that o the appellate court."&nb......, 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. ......56 (SC) 367; Banwarilal Bhoid Vs. Neelkantham AIR 1965‑Orissa 102, Jagat Jamani Dibi Vs. Jyotsna Basu AIR 1978 Calcutta 392 and Surinder Kaur Vs. Mohinder Bahadur Singh AIR 1978 HP 27. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with ..

Category: Property Law | Date: | Hits: 64

Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)

....r the execution of sentences passed by the Military Courts. If we compare clauses (j) and (k) with (l) and (m) of the proclamation it will appear that in providing procedures for the execution the principles of classification of offences like cognizable or non‑cognizable, and their trial b......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. ......tate of Hyderabad, AIR (38) 1951 SC 217; BR Rao vs. State of Orissa AIR 1971 (SC) 2197; Bonomally Gupta ILR 1917 (Vol 54) Calcutta 723; Nazir Ahmed vs. King Emperor AIR 1936 PC 253. Lawyers Involved: Amirul Islam, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advoc..

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. ......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. ......��……………………………………..Plaintiff‑Petitioners. Vs. Circle Officer, (Revenue) Dhaka and others ..........…Defendants‑Respondents Judgment October 30, 1991 Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah Advocate, with him) instructed by Md. ..

Category: Limitation Law | Date: | Hits: 185

Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)

....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......llip;……………………………………..Respondent Judgment March 28, 1991 Lawyers Involved: Khondker Mahbub Hossain, Senior Advocate, instructed by M Nowab Ali Advoc..

Category: Criminal Law | Date: | Hits: 68

Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)

....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. ......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. ......ti Guha and others..........................Appellants Vs. Brajendra Lal Dhar and others……....................Respondents Judgment January 16, 1991. Lawyers Involved Azizur Rahman Chowdhury, Advocate instructed by Miah A. Gafur, AdvocateR..

Category: Property Law | Date: | Hits: 50

Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)

....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......51 Bom. 127; Usha Rani Devi Vs. The Research Industries Ltd., 50 CWN, 461; Harihar Banerji Vs. Ramshasi Roy, AIR 1918 (PC) 102; SM Bindubashini Chanda Vs. Al haj Jahanara Begum, 1982 BCR (AD) 181. Lawyers Involved: S R Paul, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on�..

Category: Tenancy Law | Date: | Hits: 97

Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)

....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......ne 8, 1976. Cases Referred to: Golam Hossain Sherazee Vs. Province of East Pakistan (1966) 18 DLR 52 PLD 1967 Dacca; Khawaja Maynuddin Vs. Province of East Pakistan 21 DLR 886. Lawyers Involved: K. A, Bakr, Attorney General with Abdul Wadud Bhuiyan, Assistant Attorney-..

Category: Others | Date: | Hits: 142

BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)

....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......tagong & anr. ...Respondents Judgment May 5, 1976. Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N. 405. Lawyers Involved: T. H. Khan, Senior Advocate with Mahbubur Rahman, A. N. M. Shahidullah, Ad..

Category: Labour and Industrial Law | Date: | Hits: 144

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