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Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....r section 53A of the Transfer of Property Act, but as this plea was not taken in the written statement the learned Single Judge did not allow the plea to be raised for the first time in revision. The Rule was made absolute, the concurrent judgments of the Courts below were set aside and the suit was......ause it could not stand up to the challenge thrown up by the defendant on other grounds. So, the impugned judgment under review need not be disturbed. The appeal is dismissed……….(12,17,18) Lawyers Involved: Md. Nurul Huq, Advocate ‑ For the Appellant. Dr. Kamal Hossain, Senior Adv..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... 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. ......sh ......................Petitioner. Vs Abdul Mannan @ A Mannan and others..................................................Respondents Judgment November 3, 1991 Lawyers Involved: AW Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....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. ..........Respondent Judgment October 24th, 1991. Cases Referred To: Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. State 13 DLR 414 and Sadik Vs. State (1971) PLD (SC) 713. Lawyers Involved: Serajul Huq, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossa..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)
....tee to collect "octrol" on goods imported into the octroi barrier of the Municipality. The main question is whether the "certificate", as required of that the appellants, under Rules that the goods in from question are Government properties and that these that goods are inten...... Private company limited by shares........................Respondent Judgment February 10th, 1992. Case Referred to- Pratap Singh vs. Krishna Gupta AIR 1966 SC 140. Lawyers Involved: AW Bhuiyan, Additional Attorney‑General, instructed by Md. Sajjadul ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......f‑Respondents Judgment January 28th, 1992. Case Referred to- Abdullah & 3 others Vs. Abdul Karim & others 20 DLR (SC) 205. Lawyers Involved: SR Pal, Senior Advocate, instructed by Miah Abdul Gafur, Advocate..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......nbsp; Vs. Nur Ahmed and others...................Respondents Judgment November 25, 1990 Lawyers Involved: Mia A Gafur, Advocate‑on‑Record-For the Appellant. Sha..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....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. .......................................Appellants. Vs. Chingneshay Magni and others…………………………………….Respondents Judgment January 20, 1992. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Mvi. Md. Wah..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......l 600; AIR 1932 Privy Council 92, Venkata Subarnma Vs. Ramayya; In AIR 1978 Cal. 559 (564) Bali Ram Vs. Bhupendra Nath & In Habibullah Vs. Ananga Mohan AIR (29) 1942 Calcutta 571. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate Sup..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Hussain Mohammad Ershad...............Petitioner Vs. The State ………………………Respondent Judgment January 30, 1992 Lawyers Involved: Moudud Ahmed, Advocate, Supreme Court, instructed by Mvi. Md. Wahidullah, Advoc..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ...... Rupban Bibi..... ....................Plaintiff‑Appellant Vs. Aynal Kha and others................Defendant‑Respondents Judgment July 16th, 1991 Lawyers Involved: Abdul Hamid, Advocate, instructed by Md. Aftab Hossain, Advocate‑on&..Category: Civil Law | Date: | Hits: 106
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ...... Judgment June 5th, 1991 Case Referred to- Commissioner of Income‑Tax, Kerala Vs Malayalam Plantations Ltd. [1964] 53 ITR (SC) 140 (150). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain..Category: Fiscal/Taxation Law | Date: | Hits: 84
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....im, he shall enter such documents in a list to be added or annexed to the plaint and state in whose possession or power they are." 6. Plain reading of the provisions of Sub‑Rule (1) of rule 14 of Order VII of the Code of Civil Procedure shows that they are Imperative. Rul......a ................ Plaintiff‑Respondent Judgment March 8th, 1992 Case Referred to- Lahore Improvement Trust Vs. Khuda Bakksh Meraj Din PLD 1956 Lah. 252. Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharifuddin Ch..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ppeal No. 1 of 1991, were added as respondents. After finding that Article 117 applies to the Appellate Tribunal as well, the High Court Division by its order dated 12th December, 1990 discharged the Rule issued in the matter, but granted a certificate as the matter involved substantial question of ......torian Coal Miners' Association, (1908) 6 CLR 309 (367, 368); Attorney ‑General for New South Wales Vs. Brewery Employees Union of New South Wales (1908) 6 CLR 469 (611); Juilliard Vs. Greenman, 28 Law Ed. 204 (211); Queen Vs. Burah, (1878) 3 AC 889 (904) ; Bidi, Bidi Leaves and Tobacco Merchants'..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... 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. ......; Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992 Lawyers Involved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nowab Ali, Advocate..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....ow cause notice before his dismissal from service. 5. In summarily rejecting the appellants' revisional application the High Court Division found that Jamuna Oil Company Ltd. had no Service Rules of its own, that the plea of lack of Rules not providing for a second show cause notice was n......na Oil Company Limited and another................Appellants Vs. SK Dey and another.............................................Respondents Judgment August 25, 1991. Lawyers Involved: Rafiq‑ul‑Huq, Senior Advocate (AKM Nazrul Islam, Advocate with h..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......tar ......................Plaintiff‑Appellant Vs. Abdul Rahman @ Abdur Rahman and others .............Defendant‑Respondent Judgment December 12, 1991. Lawyers Involved: MH Khondakar, Senior Advocate, Supreme Court (AJ Mohammad Ali, Advocate an..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....ernment of Bangladesh, represented by the Secretary, Ministry of Works, plaintiff, from the judgment of the High Court Division dated 1‑2‑90 in Civil Revision No. 709 of 1988 making the Rules absolute and setting aside the judgment and decree passed by the learned Subordinate judge, 4......hellip;………Appellant Vs. Chand Mia and others ..............................................................Respondents Judgment August 7, 1991. Lawyers Involved: AW Bhuiyan, Additional Attorney ‑General, (B Hossain, Deputy Attorn..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....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)
....t Nos. 2 and 3, following leave, arises out of judgment and order dated 16 August, 1990 passed by a Single Judge of the High Court Division, Dhaka in Civil Revision No. 837 of 1985 discharging the Rule and upholding the concurrent decree of the Courts below in Title Suit No. 197 of 1977. ...............................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