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Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)

.... February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, page 49; Halsbury's Laws of England, 3rd Edition, Vol. 1, at page 2; AN Ghose vs. Reliance Insurance Company, AIR 1934 (Rangoon) 15......o the same directly repudiated the claim of the plaintiff by a letter dated 16.11.91 Ext, 11. It was stated therein that Janata Bank without having any insurable inoperable interest in the insured properties became a signatory to the insurance proposal and the plaintiff secured the insurance pol..

Category: Business or Commercial Law | Date: | Hits: 114

Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)

....preme Court Appellate Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Abdul Hakim (Md) being dead his heirs Muhammad Mashukul Alam and other ……… Petitioners Vs. Genandra Nath Bashu Roy being dead......ecution in a subsequent suit which is not the case here. Mr. Karim then argued that the alleged power of attorney‑holder was not competent to proceed with the execution case in the absence of proper validation of the power of attorney. This contention is also unacceptable because the High ..

Category: Civil Law | Date: | Hits: 109

Yakub Ali Vs. State, 1995, 24 CLC (AD)

....li, Advocate‑on­- Record‑ For the Petitioner. Not Represented ‑ For the Respondents. Criminal Petition for Leave to Appeal No.37 of 1995. (From judgment and order dated 13 February, 1995 passed by the High Court Division, Dhaka in Criminal Misc. Case N......he Magistrate may cause an enquiry or investigation to be made before issuing process as provided under section 202. Then the Magistrate will have to follow section 203 or 204 as may be considered proper in a particular case. In the instant case these provisions under Chapter XVI are not applica..

Category: Criminal Law | Date: | Hits: 62

Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)

.... Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Lt. Col. (Retd) Nazimuddin Ahmed ................Appellant Vs. Bangladesh and Others...............................Respondents Judgment April 30th, 1995. ......e junior most General Manager and there might be administrative complexities for absorbing him in that post of Director. The administrative Ministry might absorb the appellant as a Director through proper committee on the basis of the power conferred by the Ministry of Establishment. The matter ..

Category: Employment/Service Law | Date: | Hits: 117

C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)

.... Muhammad Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J C Q M H Md. Ayub Ali ..............................Appellant Vs. Bangladesh and others ........................Respondents [In Civil Appeal No. 80 of 19931] Mrs. Laila......l authority, etc. 4. The case of the appellant, briefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyance dated 16.1.1963 leasing out the land to him for a period of 99 years and..

Category: Property Law | Date: | Hits: 86

Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)

....Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MA Rahman J ATM Afzal J Mustafa Kamal J Sirajul Islam (Md). Alias Siraj Madbar and others........Accused‑Appellants Vs. Keramat Ali Bhuiyan and other...............upon the appellants and the State and has contended that when the transfer was sought bringing a serious allegation against the Public Prosecutor and the accused‑appellants it was not at all proper that the High Court Division would order the transfer Without giving them any opportunity to..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)

....Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ………………………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- ......he order of detention as "absolutely irrelevant" and justifying the grounds upon which the order was made and contending further that the detention order was passed by the appropriate authority after proper application of mind, that the Government has valuable incrimina­ting documents in its posses..

Category: Constitutional Law | Date: | Hits: 185

Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)

....  MH Rahman J  ATM Afzal J  Mustafa Kamal J   Latifur Rahman J   Rabjel Mondal .........................Appellant   Vs.  Didar Mondal and others.................. Respondents  Judgment  November 8, 1994.  Resul......ssed. Words and phrases Hiba and Ariyal There is a distinction between gift (Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time an..

Category: Property Law | Date: | Hits: 146

Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)

.... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants   Vs. The Secretary,......78 for specific performance of contract against their grandmother. The Government of the People's Republic of Bangladesh being a party thereto contended that the disputed premises was an abandoned property but the trial Court held that it was not an Abandoned Property. A decree was however passe..

Category: Property Law | Date: | Hits: 62

Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)

.... J ATM Afazl J Mustafa Kamal J Latifur Rahman J Grihayan Limited.........................Appellant Vs Government of Bangladesh, through the Secretary, Ministry of Public Works and Urban Development, Bangladesh Secretariat, Dhaka and others .....................Respondents ...... No. 2 of 1987‑88. The appellant is a Private Limited Company incorporated on 3.6.7‑5 for the purpose, inter alia, of acquiring land, constructing houses and buildings, dealing with and improving property, undertaking housing projects, transacting, business of real estate agent, etc. The appella..

Category: Property Law | Date: | Hits: 79

Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)

....or the Appellant. Amirul Kabir Chowdhury, Deputy Attorney ­General, instructed by B. Hossain, Advocate-­on‑Record ‑For the Respondent. Criminal Appeal No.12 of 1993. (From the judgment and order dated 15‑7‑93 passed by the High Court Division in Criminal Revision No. 1768 of 1992)...... approved by the Deputy Commissioner, and the CI sheets were then distributed; after distribution a Master Roll certified by the appellant and the Chairman, was submitted to the Relief Office showing proper distribution of 395 bundles of CI sheets in 1988. But later on, 30 persons, to whom 41 bundle..

Category: Criminal Law | Date: | Hits: 76

Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)

....urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Babul Kanti Das and others....................Appellants Vs. Abul Hashem and others...............Res......defendant ‑ respondent No. 2 for declaration of title and recovery of possession after removing the pucca structures so far under construction and to evict all the 5 defendants from the suit property. Since the merit of the case is not involved herein we will not state the plaint case. Aft..

Category: Civil Law | Date: | Hits: 106

Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)

....ATM Afzal J Mustafa Kamal J Latifur Rahman J Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment August 18th, 1994. Case......ant contends that the High Court Division erred in law in not exercising the jurisdiction vested in it when he challenged the impugned order Oil the ground of violation of his fundamental right to property to receive payments of the arrears of salaries from 15 August 1983 to his attaining the ag..

Category: Constitutional Law | Date: | Hits: 203

Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)

....6) 205 ......value does not exceed two thousand five hundred takas shall cognizable by a Court of Small Causes.’ Article (4) of the Second Schedule reads: “a suit for the possession of immovable property other than a suit for ejectment of a tenant unless, any other court or officer has exclusi..

Category: Tenancy Law | Date: | Hits: 87

Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)

....18 of 1994] Government of Bangladesh………………….…….Petitioner [In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others……………………Respondents Judgmen......in nothing transpiring against the plaintiff he was reinstated by the Chief Martial Law Administrator on August 31, 1982 with a direction that a departmental proceeding be drawn up if found fit and proper. In pursuance of the order the plaintiff was reverted to the Corporation as Secretary. On t..

Category: Employment/Service Law | Date: | Hits: 77

Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)

....iminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Collector of Customs, Chittagong and Others……………………………&...... by the High Court Division was not accepted by this Division. In the second case, it appears that the decisions in A Hannan’s case both by the High Court Division and this Division were not properly appreciated. It is to be observed that the subsequent decisions were the result of failure..

Category: Business or Commercial Law | Date: | Hits: 126

Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)

....lso Reported in: 48 DLR (AD) (1996) 178.......r section 5(1a) and 5(3) of the (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948), briefly the Act, have not been issued or served in L.A. Case No. 63 of 1959-60 in respect of the suit property as per provisions of law. 3. In order to appreciate the matter in appeal in which the i..

Category: Property Law | Date: | Hits: 80

Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)

....nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Secretary, Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka………………&helli......employees are employed. Additionally, the experience gained by them since the last two years will be of assistance to the new Tribunals. Considering the matter from a larger perspective, it will be proper to accept the responsibility of appointment of these retrenched employees from a humanitari..

Category: Constitutional Law | Date: | Hits: 161

Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)

....24; Ainuddin vs. State PLD 1962(WP) Karachi 738 Chikoni Bewa vs. Abdul Awal PLR (1964) 14 (Dacca) Dacca Series 557; Bangladesh vs. Abdur Rahim 35 DLR 249; Jahirul Huq Khan vs. State 9 DLR (Dacca) 109 and Md. Baharuddin Sarker vs. The State l0 DLR (Dacca) 321 ;(1945) 7 FC Reports 90 and (1945) FC Rep...... not addressing the Government immediately on receipt of the complaint as to sanction as required under section 6(5) of the Act and (2) that the order for holding inquiry by the ASP was illegal and improper as his superior/higher officers were made accused in the complaint petition. 5. The High C..

Category: Anti-Corruption Laws | Date: | Hits: 92

Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)

.... Roy Choudhury J Abul Bakar Siddique (Md) …………………………..Petitioner Vs. Additional Deputy Commissioner, Kurigam and others………………………..Respondents ......rt Division restored the judgment of the trial Court after setting aside the judgment of the lower appellate Court by disbelieving the story of shifting of the school to the new site it will not be proper for us to express ourselves on anything with regard to the name of the school. Accordingly, ..

Category: Property Law | Date: | Hits: 63