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Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....urance Company, AIR 1934 (Rangoon) 15; Baroda Spinning and Weaving Co. Ltd. vs. Satynarayan Marine and Fire Insurance Co. Ltd, AIR 1914 (Bom) 225; Sree Hari Sankar Nandi Majumdar vs. Sree Promode Chandra Roy Choudhury, 4 PLR (Dacca) 595; Honuman Box vs. Eagle Star and British Dominions Insurance......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....lish that the charges were substantiated and grounds for removal are there for the satisfaction of the authority to discharge him from service. The concern of the High Court Division, on the other hand, should have been as to whether the principle of natural justice was followed in conducting th......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....t an abandoned property and the same may be released in favour of the appellants. In pursuance of the order dated 8.8.84 the Executive Engineer, PWD, Bogra was directed by an order dated 19.9.84 to hand over possession of the premises in dispute to the appellants. On 31.10.84 the Executive Engin...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....t it seems that the said ground was not pressed in the High Court Division. There is no tangible material on record to infer any mala fide on the part of the officials as alleged. It is, on the other hand, found that the appellant had benefited by an equivocal report submitted by the Chairman, DIT o......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....s to be passed. If the jurisdiction is only one relating to territorial limits or pecuniary limits, the plaint will be ordered to be returned for presentation to the proper court. If, on the other hand, it is found that, having regard to the nature of the suit, it is not cognizable by the class ......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....gned Act was violative of the right to freedom of speech and expression and also freedom of the press as provided under Article 39(2) of the Constitution. The learned Attorney-General, on the other hand, argued that the publication and, sale, etc. of ‘note-books’ are not included with......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....te of knowledge. Further, there is material contradiction between the evidence of PW 2 Sekander Ali and OPW 3 Mobarak Ali with regard to the disclosure of the first date of knowledge. On the other hand, the OPWs, proved the possession of the pre-emptees in the suit land for the last 13/14 years.......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ..Category: Property Law | Date: | Hits: 60
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....others 42 DLR (AD) 189 and also the case of AC Jose vs. Sivan Pillai AIR 1984 (SC) 921. 6. Mr. B Hossain, learned Deputy Attorney General appearing on behalf of the respondents, on the other hand, tried to distinguish the case reported in 45 DLR 112 and also the case reported in 42 DLR (A......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....umstances it is illegal to reject them as not admissible or conclusive evidence, being mere opinion of so-called experts not expose( to cross-examination. Mr. Ajmalul Hossain submits, on the other hand, that the Admiralty Court was entitled to reject the opinion expressed in the telexes, because...... 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 ..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
.... the already deposited amount. She agreed to return the money after withdrawal and executed a receipt on 12-4-1982 accepting that the amount taken would be treated as advance rent if she failed to hand over the amount to the defendant after a withdrawal from the House Rent Control Office. Jahana......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 ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....6th, 1996 Lawyers Involved: TH Khan, Senior Advocate, (Lutfur Rahman Mondal, Advocate with him), instructed by Md, Aftab Hossain, Advocate-on-Record — For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record&mda......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 ..Category: Property Law | Date: | Hits: 56
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... others…………………………………Respondents Judgment January 18th, 1996 Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, (Mahabubey Alam, Advocate with him) instructed by Md....... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ..Category: Property Law | Date: | Hits: 52
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
.... is dismissed. Case Referred to- Mohammad Ahmed Saeed Khan Vs. Kishori Lal, AIR 1932 (All.) 375; Kamala Sahai Vs. Babu Nandan Mian, 11 CLI 39; Lala Bihari Lal Vs. Abdul Aziz, 119 IC 92; Mohin Chandra Dey Vs. Ram Dayal Datta, 30 CWN 371. Lawyers Involved: Khandker Mahbubuddin Ahmed, Se......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. ..Category: Property Law | Date: | Hits: 63
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....pex (Pvt.) Ltd. and ors………………… Respondents Judgment May 20th, 1996. Cases Referred to- Dacca Jute Mills Ltd. vs Satish Chandra Banik, 19 DLR 735; Jabed Ali Sarkar vs. Dr. Sultan Ahmed, 26 DLR 196; (Whatson vs Winch (19...... 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
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
.... prepared. At that time he was posted at Islamabad as a Counselor below the rank of Deputy Secretary. Respondent No. 1 submitted representation which was rejected by order dated 12-7-86. On the other hand, the present appellant Raziul Hasan and Mr. SA Jalal (Respondent No. 7) were placed in the grad......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)
....espondents Judgment July 13th , 1995 Cases Referred To: AIR 1916 (Patna) 284; Ouseph Poulo vs. Catholic Union Bank Ltd., AIR 1965 (SC) 166; Ramchandra Laxman and others vs. Bank of Kolhapur. AIR 1952 (Born) 315; Loganathan (minor) and another ......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 ..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....er, section 25 of the Act is a bar for maintaining a suit under section 9 of the Code of Civil Procedure. 5. Mr. Shamsul Haque Siddique, learned Advocate for the plaintiff-respondent, on the other hand, supports the impugned judgment and order contending, inter alia, that the High Court Division ......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..Category: Labour and Industrial Law | Date: | Hits: 152
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....vocate Mahmudul Islam, Advocate with him), instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Appellant (In Civil Appeal No.73 of 1992). T H Khan, Senior Advocate instructed by NH Khandker, Advocate-on-Record-For the Respondent No.1 (In Civil Appeal No.73 of 1992). Rokanuddin M......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
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....eping in view the definition of abandoned property in President’s Order No. 16 of 1972. 14. Mr. TH Khan, learned Counsel for the auction-purchaser respondent No.1 submits on the other hand that the two Courts below in a concurrent assessment of the evidence on record found as a fact......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. ..Category: Property Law | Date: | Hits: 61
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....hat time the DIB officers who were in ambush near about the place witnessed the payment made to the accused Abdul Gani by Omar Ali and the Constable Abdus Subhan, caught him with the amount in his hand and the other two Officers, MA Rashed and Mujibar Rahman also rushed to the spot and charged t......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68