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Abul Khair Vs. The State, 1992, 21 CLC (AD)
....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. ......bsp; Mustafa Kamal J: Condemned prisoner Abul Khair was convicted by the learned Sessions Judge, Noakhali in ST Case No. XXII/April/80 by his judgment and order dated 22.5.85 under section 302 of the Penal Code and sentenced to death. Co-accused Mainuddi......extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......rt Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abul Khair...............Petitioner. Vs. The State .................Respondent Judgment April 29th, 19..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......Court Division, Dhaka in Criminal Revision No. 90 of 1985). Judgment: ATM Afzal J: This appeal by the informant following leave arises out of an order of acquittal passed by the appellate Court and confirmed by the High Court Division in revisi......e has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......t Magistrate upon a consideration of the evidence found that the accused had committed the offence u/s 326 Penal Code, convicted them accordingly and sentenced them to Rigorous Imprisonment for 1 (one) year and a fine of Tk. 1000'00 each, in default, to Simple Imprisonment for one month by..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ......n, Advocate, 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: ......others...............Respondents Judgment June 10th, 1991 Lawyers Involved: Moinul Huq, Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record - For the Petitioner. ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Chairman, Kushtia Co‑operative Industrial Union Ltd .............Petitioner Vs. Mujibur Rahman & others...............Respondents Judgment Jun..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ......ey-General, 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 Refere...... power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ......vision, in the Criminal Procedure Code. The other ground is that section 10(3) of the Criminal Law Amendment Act has given power to the High Court Division for transferring a case from the court of one Special Judge to the court of another Special Judge, and as such, the provision of section 4(3)..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ...... No. 44 of 1988). Judgment: ATM Afzal J.- These two appeals by leave arise out of a common judgment and order dated 16th August, 1990 passed by a Single Judge of the High Court Division in a proceeding u......36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......o Match Factories was the same. In course of discussion in this Judgment, reference to the parties will be made as they are in CA No. 100/90. In order to appreciate the dispute between the parties, one has to look back to see the origin of the Match Factories concerned and their gradual evolution..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....ng for continuation of all the existing laws‑that is, "all laws that were in force in Bangladesh on 25th March 1971." Provisional Constitution of Bangladesh Order 1972 was made and published in the Bangladesh Gazette Extraordinary, dated 11th January 1972. This Order, among other......nt Attorney‑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......ellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ......ce with effect from 16th December, 1972. It replaced the Bangladesh High Court by establishing the Supreme Court of Bangladesh consisting of the Appellate Division and the High Court Division. Just one day before the coming into force of the Constitution, Bangladesh (Adaptation of Existing Laws) ..Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ...... Muslim 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). ......p; Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others……………Respondents Ju......p; Mustafa Kamal J Latifur Rahman J Muhammad Muslim Ali………………………Petitioner &nbs..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
.... that in the case of the other Writ Petitions, this Court considered the merit of the cases and gave some relief to the aggrieved employees. Our judgment in respect of those Writ Petitions has been published in 40 DLR (AD) 206. It is clear from that judgment that one appeal was allowed when it w......waruddin, 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) ......ubject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......etition along with four other writ petitions, namely Writ Petitions Nos. 83/1985, 137/1985, 21/1986 and 33/1986 refusing thereby to interfere with the order of provisional removal of all the petitioners of those Writ Petitions including the appellants before us from their service under the respo..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......n, Advocate‑on ‑Record, Supreme Court‑For the Respondent No. 1. Ex parte‑Respondent No. 2. Criminal Appeal No. 16 of‑1989. (From the judgment and order dated 28.5.1989 passed by the High Court Division, Dhaka, in Suo Motu Contempt Rule No. 189 o......his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......hen demolished. The appellant, on the following morning, 22.10.88, made a GD entry in the Sutrapur Police Station alleging these things specifically mentioning that Awlad Hossain, the Ward Commissioner had, after tearing into pieces the status quo order, directed and supervised the demolition wo..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....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. ...... ATM Afzal J: These two appeals, Criminal Appeal Nos. 21 of 1991 and 22 of 1991, by leave, arise out of the judgment and order dated 21 August 1991 passed by a Division Bench of the High Court Division in Criminal Misc. ......by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ...... Act II of 1947. 4. In the other case, Ramna PS Case No. 53(2)/91 (DAB GR Case No. 13/91) the gist of the allegation made in the FIR was that the appellant as the then Minister of Works dishonestly and all fraudulently released a property at 144 Shanti Nagar,Dhaka from the list of Abando..Category: Constitutional Law | Date: | Hits: 150
.... plot Nos. 34 and 42 of mouza Tejkunipara, PS Tejgaon, District Dhaka was acquired by the Central Government of India under Rule 75A (2) of the Defence of India Rules, by a Notification dated 10.7.46 published in the Calcutta Gazette on 17.10.46. M/S Allenberry & Co. established a factory for ma...... 1215 of 1988 as having been issued without any lawful authority and to be of no legal effect and calling for a direction upon the respondents to cancel, rescind or withdraw the same. By judgment and order dated 27.8.91 the High Court Division discharged the Rule. This appeal is by leave from the sa......vision Judgment here.
Supreme Court
Appellate Division
(Civil)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment Dir......tage of going through the judgments proposed to be delivered by my learned brothers Mustafa Kamal and Latifur Rahman, JJ. I concur with the judgment of Mustafa Kamal, J.
ATM Afzal J.- I have gone through the judgments written by my learned brothers Mustafa Kamal and Latifur Rahman, JJ; I con..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ......e for review of a judgment of this Court dated 20.7.87 in Civil Appeal No. 5 of 1986, reported in 40 DLR (AD) 75 =1988 BLD (AD) 149, allowing the defendant's appeal and setting aside the judgment and order passed by a learned Single Judge of the High Court Division on 16.9.85 in Civil Revision Case ...... The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ......the same vendor executes and registers two sale‑deeds in respect of the same suit land in favour of two different purchasers on two different dates, section 47 of the Registration Act settles which one will prevail over the other. The sale‑deed which was executed earlier but registered later in ..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. ......cate‑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. 1......d reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......................Petitioner. Vs Abdul Mannan @ A Mannan and others......................................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. ......m, Deputy 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)......aused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......ed to imprisonment for life vide order dated 27 August, 1986. His appeal was dismissed by the High Court Division by an order dated 30 October, 1989. In the other case, tried by a different Judge, one person was convicted for the murder of Lalmia but he was acquitted in appeal by the High Court..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)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ...... 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 1......ult, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......ules. Item No. 22 of this Schedule provides for exemption of certain Government properties on production of a certificate from a Gazetted Officer of the concerned Department of the Government. Part one of Item No. 22, which is relevant to this case, is quoted below: "(22) Governm..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....for partition as framed is not maintainable. 5. The lower appellate Court reversed the judgment of the trial Court after holding that on the face of CS Khatian Ext. 1 and 1(a) finally published between 1913‑16, bearing the name of Jinnat Ali ' as the owner of the suit land, th......e‑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 Civ...... In the result, the appeal is allowed without cost. Ed. ......tian No. 236 and owner of 15 gondas share of suit property No .2 recorded in CS Khatian No. 233; that the said Jinnat Ali died leaving 3 sons named Abdul Haque, Dr. Fazler Rahman and Dudu Miah and one daughter Kulsumernessa that Dudu Mia became traceless before his death; that Abdul Haque died l..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. ......the case on patta, touzi, bakizal and dakhilas, little realising that the superstructure cannot stand without foundation. 16. Both the Courts below concurrently found judgment from copies of orders in criminal cases and revenue proceedings, Ext. C series that the contesting defendants were......the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......ittagong Bench, in Second Appeal No. 703 of 1962) Judgment: Shahabuddin Ahmed CJ.- I have gone through the judgments written by my learned brothers Mustafa Kamal and Latifur Rahman, JJ. I co..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....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. ......ty Attorney‑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......e released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ...... the impugned order dated 25th November, 1991 on a short ground that section 32 of the Special Powers Act, 1974 was a bar to grant bail. 3. Though the appellant is named in the FIR as one of the seven accused persons who are alleged to have committed the offence of abduction there a..Category: Criminal Law | Date: | Hits: 79
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. ......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. ......Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Jogendra Nath alias Govinda Sarker ..........Plaintiff‑Appellant. Vs. Amulya Chandra Sarke......ik Sarkar, Nagendra Nath Sarkar and Mallik Sarkar. Before his death Hara Nath executed and registered a Will in favour of the plaintiff on 3.2.45 in respect of the aforesaid property and appointed one Madan Sarkar as the executor therein. The plaintiff was a minor at the relevant time. The said ..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: ......half of the petitioner before the Senior Special Judge praying for stay of further proceeding of the Special case pending disposal of the aforesaid Civil Suit. The learned Special Judge by a reasoned order rejected the same on the same day. 5. It has been stated in the leave petition before us th......utory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......on Judgment here. Supreme Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hussain Mohammad Ershad...............Petitioner Vs. The State ………………………Respondent Judgment January 30, 1992 La..Category: Anti-Corruption Laws | Date: | Hits: 88
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