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Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......t entering into the merit of the case and dismissed the appeal only on the ground of locus standi. 7. From the impugned judgment, it appears that the learned Judges of the High Court Division took note of the fact that Subodh Ranjan Sarker, the son of the testator, wrote a letter to one of his un..Category: Others | Date: | Hits: 99
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......before the Administrative Tribunal, Dhaka. The Secretary Ministry of Home Affairs contested the case on behalf of the Ministry filing a written statement contending, inter alia, that the appellant noted his qualification as BA in the relevant form, though, in fact, he failed to passed the BA ex..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
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....ved Ahmed Vs. Muhammad Ali, 1987 SCMR 1750. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed B. Hossain, Advocate-on-Record - For the Appellant (In all the Appeals). Khandker Mahabub Hossain, Senior Advocate, Supreme Court, instructed by Shamsul Huq Siddique, Advocat...... and as it takes time to procure them and as arrangement was already made to bring them, further 30 days’ time was necessary. It is not disputed that 2(two) pumps were delivered on 25-11-87 and the note-sheet (Ext. 20) shows that the Sub-Assistant Engineer and Assistant Engineer, Shahidul Haque an..Category: Anti-Corruption Laws | Date: | Hits: 92
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......learned Member held in his judgment as under: “In the Gradation List published in 1984 nothing is mentioned as to if the opposite party Nos. 6-7 were appointees of Mujib Nagar Government as was noted in the case with Mr. Rafique Ahmed Khan. The dates of first appointment of the opposite Party ..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 ......han (minor) and another vs. Pounuswami Naiker and others, AIR 1964 (Mad.) 327, it was held as follows “Where the plaintiffs’ case in the plaint was that a promissory note executed by their father came into existence while the criminal proceedings were pending agai..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
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......t the exchange established by the petitioner with the exchange of BTTB through a Public Switch Telecommunication Networks (PSTN) connection. BTL applied for PSTN connection and BTTB issued a demand note on 5.5.9 1 for payment of nearly Taka 41 lakh toward charges of PSTN connection. The petition..Category: Information Technology Law | Date: | Hits: 251
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......ional by January 1991 and in order to inter-connect the Uttara cell site and Maghbazar cell site BTL applied for inter-connection called Public Switch Tel. Network, shortly PSTN. BTTB issued a demand note for nearly Taka 41 lakh which BTL duly deposited in March, 1991. BTL started selling the cellul..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......e records that CF No. 14 of 1994 from which CP No. 14 of 1994 arises was filed on 13.1.94 within time and CP No. 47 of 1994 out of which CA No. 15 of 1994 arises was filed on 5.2.94 and the office note says that it was filed within time. While in CP No. 14 of 1994 the certified copies of the jud..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......29.4.67 under section 165A of the Pakistan Penal Code and under section 161 of the Pakistan Penal Code respectively and have been heard together and are disposed of by one Judgment. It may be also noted here that while admitting the appeal of the accused Taru Mian, in Criminal Appeal No. 362 of ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....rdingly PW 1 Sk, Elahi Baksh and PW 7 Gul Mohammad went inside the hut with accused Lutfor Fakir who confessed before them there that he had murdered Dulal Fakir. He then covered his face with his hand. On being further questioned the accused said that he had brought Dao and rope from his father......I had found a scratch mark on the chest of the accused, I sent him for medical examination to the local doctor. I did not send the medical report of the doctor along with the forwarding note to the Sub-divisional Magistrate. The scratch mark found on body of the accused was not men..Category: Criminal Law | Date: | Hits: 62
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....d Magistrate insofar as it related to the petitioner, as the order was not an order of discharge but an order of acquittal. Mr. ATM Afzal, appearing on behalf of opposite party No. 2, on the other hand, contended that if the Sessions Judge found that the offence was triable exclusively by the Co....... ATM Afzal that the order passed in respect-of the petitioner though purported to be an order of acquittal should be deemed to be an order of discharge under section 209 CrPC. It has already been noted that, in fact, the learned Magistrate had acted under section 209 CrPC on 3.3.69 and since th..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....ed by the learned Munsif, 2nd Court Jhenidah in Miscellaneous Case No. 159 of 1965. 2. This application has been preferred by the three petitioners (1) Bijan Bala Chowdurani, (ii) Kumaresh Chandra Biswas and (iii) Tarapada Kabiraj. The petitioner No. 1 filed the above mentioned Miscellane......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
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