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Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....uf J Monoranjan Barua……………………………………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment May 16th, 1996 Lawyer...... is also a staircase by the side of the shop room through which one can go to the first floor and second floor. Hence, the finding on the question of bonafide requirements is also not tenable on a proper reading of the entire evidence on record. 21. For the foregoing reasons, the judgment..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....ivil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Mahmudul Haque (Md)……………………………………… Appellant Vs. Md. Hedayetullah and others…………………….. Respondents Judgment January 3, 1996. Result: The a...... nomination paper of the appellant as valid. Thereafter, the question as to whether the appellant had really attained the age of 25 years on 1-1-95 or not, undoubtedly became an election dispute. For proper adjudication of election dispute President’s Order No. 155 of 1972 provides under Chapter V..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... Civil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdul Wadud Contractor and another…………………….Appellants Vs. ......76 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 their title to, the suit property described in Scheduled ‘A’ to the plaint and for recovery of khas possession t..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....p;……………………………………………...Plaintiff-Appellant Vs. Mrs. Rukshana Matin and others……………………………&h......laimed is under valued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the court fails to do so; (c) Where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped and the plaintiff, ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....ases Referred to- Abdul Futfer Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; Mst. Ghulam Fatima Vs. Sheikh Muhammad Bashir, PLD 1985 (WP) (Lahore) 596; Sardar Muhammad Vs. Most. Nasima Bill and ors, 19 DLR (WP) 50 = PLD 1966 (Lahore) 703; Sirajul Islam Vs. Halena Begum and Ors. 48 DLR (HCD......tual agreement for so much each month, and several months are allowed to pass without his giving her anything, and she in the meantime raises her maintenance on credit, or disburses it out of her own property, and then either the husband or the wife happens to die, the whole of what has been so rais..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State……………………Appellant Vs. Md. Iqbal Hossain alias Iqbal Hossain and others…………………………Respondent (In Criminal Appeal Nos.15-17 & 18 of 1992) ......d the opinion of the Enquiry Committee members as none of them had seen EMIJ pumps before. Finally, he supported the judgment of the High Court Division which was, according to him, correct, just and proper. 26. It is an admitted principle in the administration of criminal law that the charge fr..Category: Anti-Corruption Laws | Date: | Hits: 92
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....ecord — For the Appellant. Moksudur Rahman, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Appeal No. 80 of 1994. (From the judgment and order dated 22nd June, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 7404 ......mpugned judgment that the learned Judge found that the respondent had received the rent for the months of November and December 1985 from the appellant subject to fresh lease agreement but it was not properly explained as to what factors had prevented the appellant to enter into a fresh agreement wi..Category: Tenancy Law | Date: | Hits: 82
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....instructed by Md. Nawab Au, Advocate-on-Record—For the Petitioner. Not represented—Respondents. Criminal Petition for Leave to Appeal No. 51 of 1995. (From judgment and order dated 5th April, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 7...... Court Division in the present case is not consistent with the principles as already settled and referred to above briefly. Instead of laying down a new principle it would have been easier and more proper for the High Court Division to dismiss the petition on merit. Indeed, no Rule should have b..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 317 of 1991] A H M Amir Hossain………………………………… Petitioner Vs. Bangladesh and others……………………………........ourt Division, by the impugned Judgment and order dated 12 November 1990, rejected the application for review on the ground, first, that the delay in filing the application for review has not been properly explained; secondly, the respondent in the writ-petition had an alternative remedy by way ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
.... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Raziul Hasan.………………………………………….Appellants Vs. Badiuzzaman Khan and others………………..Respondents Judgment February 1, 1996. Result: The appea......ppellant was serving abroad in Bangladesh Mission. Notices were duly served upon the present appellant through Bangladesh Foreign Office but he was not allowed to come to Dhaka and to defend his case properly and effectively by engaging his Advocate of choice and placing all relevant laws and papers..Category: Administrative Law | Date: | Hits: 167
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....n-Record— For the Appellants. Shamsul Haque Siddique, Advocate-on-Record— For Respondent No.1. Not represented — Respondent Nos. 2-6. Civil Appeal No. 20 of 1994 (From the judgement and order dated 27.1.1992 passed by the High Court Division in Civil Revision No. 3663 of 1991). ......f the bank are not meant for productive purposes” and, as such, the suit was maintainable. 3. Leave was granted to consider as to whether the learned Single Judge of the High Court Division upon proper interpretation of the definition of the word worker” as defined in section 2(v) of the Act ..Category: Labour and Industrial Law | Date: | Hits: 152
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....Sarker J Muzaffar Hossain……………………………………… Petitioner Vs. Md. Humayun Kabir and others …………….Respondent Judgment August 13th, 1......aterial allegations made in the election petition and contending, inter alia, that the election was held in a peaceful manner, that there was no rigging as alleged by the petitioner and that after proper counting of votes he was duly declared as elected Chairman of the said Union Parishad. It ha..Category: Others | Date: | Hits: 98
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
.... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Golam Murtaza Bhuiyan and Others ……………………………&...... Business: “The Secretary shall be official head of the Ministry/ Division and subject to sub-rule (iv) he shall be responsible for its administration and discipline and for the proper conduct of business assigned to it.” 7. This matter has arisen out of a G..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Government of Peoples Republic of Bangladesh represented by the Secretary Ministry of Labour and Manpower. Bangladesh Secretariat Dhaka……………… Appellant Vs. Hasan Movies Ltd.......” of Taka 40.00 per month has been made without any lawful authority and is of no legal effect. 2. Leave was granted to consider as to whether the learned Judges of the High Court Division upon proper interpretation of the term “যাতায়াত ভাতা” as ‘travelling allowanc..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....t Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Principal, Chittagong Medical College and others ………………Appellants (In all the Appeals) Vs. Shahrayar Murshed ………......e sufficient to exonerate the appellants from the finding made by the High Court Division that the allegations upon which the action was taken were not brought to the notice of the respondents and no proper opportunity was given to them to show cause before passing the order of expulsion against the..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....al J Latifur Rahman J Bangladesh Telecom (Pvt.) Ltd………………………………………………………………. Appellant (In Civil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 19......BTL’s licence, does not question the locus standi of Mr. AKM Mainul Haque specifically, except stating in its affidavit-in-opposition in a general way that the writ petition had not been filed with proper authority from BTL. BTL has explained in its affidavit-in-reply under what circumstances Mr. ..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Attar Mia and another……………………………&......made. 3. After making the aforesaid demands to pre-empt the suit land plaintiff No.1 approached defendant No.1 a few days later and asked her to transfer the suit land after receiving proper consideration from him, but she having refused the plaintiff instituted the suit after obtai..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Kamiruddin and others............................... Appellants Vs. Md. Mokshed Ali Biswas and ......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 instituted Title Sui..Category: Property Law | Date: | Hits: 61
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
.... Appellate Division (Civil) Present: M H Rahman CJ Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development………………………&hellip...... preferred by Bangladesh from the common judgment and decree of the High Court Division dated 2.8.93 in First Appeal Nos. 181 of 1990 and 30 of 1992 dismissing both. 2. Admittedly, the suit property, to wit, a two- storied building with other tin shed and structures being House No. 145A. ..Category: Property Law | Date: | Hits: 61
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....l No. 362 of 1977). Fakir Shahabuddin Ahmed with Fariduddin Ahmed (in Cr. Appeal No. 200 of 1967). Zahurul Huq Khan with Serajul Huq—For the State. Appeal Nos. 290 and 362 of 1967. Revision No. 568 of 1967 Judgment: &nb......ellant to show cause why the sentence of rigorous imprisonment passed on the said appellant should not be enhanced or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts which led to the trial of the accused appellant Abdul Gani on a ..Category: Criminal Law | Date: | Hits: 68
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