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Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
.... Rafiq-Ul-Huq, Senior Advocate (MA Advocate with him), instructed by Shamsul Siddique, Advocate-on-Record — For the petitioner. Shafique Ahmed, Advocate, instructed by Md. Ahab Hossain for M Nawab Au, Advocate-on-Record— For the Respondents. Civil Petition for Leave to ......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ...... the Judgment and order dated 18.1.96 passed by the High Court Division, Dhaka in Civil Revision No. 989 of 1993). Judgment: Latifur Rahman J: The plaintiff filed OC Suit No. 60 of 1991 in the Court of Assistant Judge Ulipur Kurigram. The said su..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....ed 9.12.91 passed by the High Court Division in Admiralty Suit No. 9 of 1988). Judgment: Mustafa Kamal J: The measure of indemnity in respect of claims for unrepaired damage to a ship caused by a peril insured against in a Marine Hull Policy of Insura...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... Admiralty Court of the High Court Division dated 9-12-91 in Admiralty Suit No. 9 of 1988. The suit was decreed for US $ 16,20,000.00 against the appellant with cost. 2. The substance of the plaintiff- respondent’s case in the plaint is, that the plaintiff, a limited liability compa..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 of 1986 (Dhaka), 611 of 1988 (Rangpur). Judgment ATM Afzal CJ.- Plaintiff-Appellant’s suit for eviction of the defendant-respondent from the suit shop, SCC Suit No. 1 of 1985 of the SCC Cour......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......ion thereof. Plain orally informed the defendant about his purchase on 15-2-1983 and published news about the said kabala in the local dailies. Thereafter by a registered notice dated 14-8-1983 the plaintiff informed the defendant about his purchase of the suit premises and the defendant to pay r..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
.... Judge of the High Court Division in Civil Revision No.668 of 1989, affirming the judgment and decree dated 25.6.89 passed by the SCC Judge and 3rd Subordinate Judge Dhaka in SCC Suit No.31 of 1984 for eviction of a monthly tenant. 2. The suit was filed by the respondents and their father......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......f a monthly tenant. 2. The suit was filed by the respondents and their father Mirza Murshal Hossain against the defendant-appellant for his ejectment and for realisation of arrear rent. The plaintiffs’ case, inter alia, is that Mirza Murshal Hossain and his wife Begum Shamsun Nahar,..Category: Property Law | Date: | Hits: 56
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
....p; Judgment: Md. Ismailuddin Sarker J: This appeal by the: plaintiff-appellants by leave granted by this court in Civil Petition for leave to Appeal No. 224 of 1986, is against the judgment and order dated 29-5-1986 passed by a......gment and order dated 26-1-1985 passed by the learned subordinate judge, Second; Court, Chittagong in Title Suit No. 10 of 1976 renumbered as Title Suit No. 84 of 1984 rejecting the application for amendment of the plaint. 2. The appellants instituted the aforesaid suit for declaration of......ircuit Bench, Chittagong in Civil Revision No. 50 of 1985). Judgment: Md. Ismailuddin Sarker J: This appeal by the: plaintiff-appellants by leave granted by this court in Civil Petition for leave to Appeal No. 224 o..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....passed by the Senior Assistant Judge, 5th Court, Dhaka refusing to reject the plaint under Order 7 rule 11 of the Code of Civil Procedure. 2. The plaintiff instituted the Title Suit praying for a decree for mandatory injunction directing the defendants to send his minor son Md. Ibraaz Sye......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......5th April, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 4002 of 1994). Judgment: Latifur Rahman J: This appeal by plaintiff appellant is directed against the judgment and order dated 5.4.95 passed by a Single Judg..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....mal J.- Appellant Jamila Khatun is the wife of respondent Rustom Au, On 6.1.86 she filed Family Court Case No.1 of 1986 in the Family Court and Upazila Munsif, Fulbaria against the respondent praying for balance dower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 y......Mrs. Bhuiyan that the provisions thereof are intended to provide for the establishment of Family Courts and for matters connected therewith and are not intended to make provisions for modification or amendment of Mohammedan Law or any other substantive law. ordinance is indeed procedural in nature, ......nt and her son and that the High Court Division wrongly held that the appellant was not entitled to past maintenance in the absence of a written document. 3. The suit was filed by the appellant as plaintiff on the allegations, inter alia, that the appellant and the respondent were married on 3.8...Category: Family Law | Date: | Hits: 198
Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
.... BLD (AD) 1993 54=45 DLR (AD) 98. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented— The Respondents. Civil Petition for Leave to Appeal No. 477 of 1995. (From the Judgement and order dated 20-7-95 passed by t......ed when Martial Law was in force. Hence there is no illegality in the impugned judgment. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 99 ......ed when Martial Law was in force. Hence there is no illegality in the impugned judgment. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 99 ..Category: Administrative Law | Date: | Hits: 107
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....ing the Rule in Civil Revision No.183 of 1984 and affirming the concurring judgment and decree of the 3rd Court of Subordinate Judge, Chittagong dated 19-4-84 in Other Appeal No.204 of 1982. The suit for redemption of mortgage, Other Suit No. 67 of 1978, was dismissed by the 5th Court of Munsif, Sad......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ...... (From the Judgment and Order dated 20-8-90 passed by the High Court Division, Chittagong Sessions in Civil Revision No.183 of 1984). Judgment Mustafa Kamal J.- This appeal by leave by the plaintiff-appellant is from the revisional judgment and order dated 20-8-90 passed by a learned Sing..Category: Property Law | Date: | Hits: 63
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....of the Companies Act, 1913 (rectification of share register) is appealable to a Division Bench of the High Court Division. The appellants filed an application under section 38 of the Companies Act for rectification of share register which was allowed by the learned Company Judge of the High Cour...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....;………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with Civil Petition for Leave to Appeal No. 317 of 1991] A H M Amir Hossain…………&helli......decision was not given effect to. Upon further representation by the affected teachers the matter went to the Ministry of Establishment which by its Memo dated 8.8.1985 recommended necessary change/amendment of the Rules of 1981 and the matter was referred to the Public Service Commission (PSC) f......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
.... of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniority are very important matters and a person who enters Govt. Service always thinks that if he performs his duty with honesty, sincerity and dedication his promotion and seniority is secured……â€......f seniority list of 1989. Before the Administrative Tribunal only the Secretary, Ministry of Foreign Affairs contested the case. It further appears that at the time of filing of the case and when the amendment petition was allowed the appellant was serving abroad in Bangladesh Mission. Notices were ......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....lla passed in Title Appeal No 59 of 1980, restoring those dated 30.1.80 of the Subordinate Judge, 2nd Court, Comilla dismissing Title Suit No 25 of 1987. 2. The plaintiff filed a suit for declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.7......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......sion, Comilla Sessions, Comilla in Civil Revision No. 201 of 1984). Judgment: Latifur Rahman J- This appeal by leave at the instance of the plaintiff is directed against the judgment and order dated 15th July, 1987 passed by learned Single..Category: Property Law | Date: | Hits: 72
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....tioner. AW Bhuiyan, Additional Attorney General instructed by Mvi. Md. Wahidullah, Record—For the Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 515 of 1995. (From the Judgment and order dated 24.7.95 passed by th......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......of agreement and general power of attorney and for recovery of possession was dismissed on contest. The appeal of the petitioner, Title Appeal No. 260 of 1985, was also dismissed on 15-8-89. In the plaint of the Suit the petitioner made averments that the cause of action of the suit had arisen o..Category: Property Law | Date: | Hits: 58
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Wahidullah, Advocate -on-Record — For the Petitioners. Not Represented— Respondents. Civil Petition for leave to Appeal No. 233 of 1994. (From the judgment and order dated 10 March 1994 passed ...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ...... petitioners instituted Title Suit No. 30 of 1992 in the Court of Subordinate Judge and Artho Rin Adalat No. 2. Dhaka for a declaration that the sale of the Leather Board Manufacturing industry of plaintiff No. 1 WB Industrial Corporation Ltd. at Kalurghat, Chittagong by the Bangladesh Shilpa Ba..Category: Business or Commercial Law | Date: | Hits: 107
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
.... (iv) paging system. In response to BTL’s query (Annexure C) BTTB by Memo dated 27.8.89 (Annexure C(1) clarified the written agreement stating that BTL can transfer a portion of the licensing right for joint venture purpose provided it obtains prior written permission from BTTB. Pursuant to and as......tership Ltd. BTL had interfered with the powers BTTB under the Telegraph Act. BTL was asked to show cause why the cellular radio telephone system all not be excluded from the said agreement by way of amendment. BTL replied to the letter on 19.1.92 (Annexure-K to the writ petition) and stated that si......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....uddin Sarker J.- This appeal by leave is by the plaintiff-appellants against the judgment and order dated 4.8.1993 passed by a learned Single Judge of the High Court Division appointing a receiver for the suit properties in pending Civil Revision No. 366 of 1992. 2. The appellants institu...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......366 of 1992) Judgment: Md. Ismailuddin Sarker J.- This appeal by leave is by the plaintiff-appellants against the judgment and order dated 4.8.1993 passed by a learned Single Judge..Category: Property Law | Date: | Hits: 61
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
.... in Criminal Revision No. 291 of 1991). Judgment Mustafa Kamal J.- In agreeing with the ultimate order passed by my learned brother Ismailuddin Sarker, J., I would like to give my own reasons for dismissing the appeal. 2. Before the Code of Criminal Procedure was further amended by Act N......isfaction of the Court, with the expiry of 360 days, if the trial has not been concluded. Section 339D has been repealed. The position now is, no stoppage, no revival. 4. The legal position of an amendment in procedural law has been aptly summed up by SA Rahman, J (as his Lordship then was) in t......orresponding right of revival of the proceeding under the repealed provision of section 339D. The accused appellant will be scot free and no proceeding can be continued against him without a fresh complaint or FIR. It is therefore to be borne in mind that under the unamended provision of sub-section..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....mmercial Bank) on 26.6.70 and on his failure to repay the loan Rupali Bank obtained an ex parte decree on 26.7.72 against Dr. Shamim in Money Suit No. 32 of 1972 from the 3rd Court of Munsif Dhaka for realisation of the loan amount. Rupali Bank started Money Execution Case No. 32 of 1972 against......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......urban Development in 20.6.79 for releasing the suit property in his favour being a lawful auction-purchaser thereof. 4. Instead of granting any relief to the auction- purchaser Bangladesh as plaintiff instituted in the 3rd Court of Subordinate Judge. Dhaka Title Suit No. 69 of 1981 on 18...Category: Property Law | Date: | Hits: 61
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....p; Nurul Islam J.- This second appeal is at the instance of defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the sched......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......cond appeal is at the instance of defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the schedule to the plaint. 2. The case of the plaintiffs, in short, is that the lands of Patta No. 47/2 belonge..Category: Property Law | Date: | Hits: 59
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